Proposal would see records of minor offenses sealed

If someone serves a prison term for causing minor harm to others, the record will stay with the attacker for life, causing ongoing complications even though the offender has served their sentence.

But that is expected to change within five years as a resolution to seal minor criminal records for adults was adopted at the third plenary session of the 20th Communist Party of China Central Committee, which concluded in Beijing on Thursday.

The act of sealing minor criminal records has long been a hotly debated topic among legal professionals, especially with the number of violent crimes decreasing and misdemeanors increasing nationwide.

A recent report showed that the proportion of cases where suspects were accused of committing serious violent crimes, including intentional homicide, rape and arson, dropped to 3.6 percent in 2023 from 25.1 percent in 1999.

At the same time, the proportion of cases in which sentences were three years or less — which are generally handed down for misdemeanors — rose from 54.4 percent in 1999 to 82.3 percent last year, according to the Chinese Law Enforcement Report, which was issued by the China Behavior Law Association and Central South University in Hunan province this month.

Among the cases spawned by minor crimes, more than half involved dangerous driving, theft, fraud and contributing to illegal activities online, the report said.

While calling for better solutions to handle the growing number of misdemeanors, it stressed that some "social penalties" attached to these crimes have become more costly for offenders and deserve more attention.

"A criminal record has been enough to deny someone a range of opportunities, including employment, education, public service exams and career advancement, and even affect his or her family members," said Zhao Li, a Beijing lawyer. "One of my child's classmates was unable to join the army because his uncle had committed a minor offense."

For decades, many employers, including government agencies, military departments and State-owned enterprises, have been allowed to check whether job candidates have criminal records.

"Only when a certificate of no criminal conviction is obtained from the police can the candidate likely reach the next round in the hiring stage or be hired," Zhao said.

People under age 18 can have their criminal records sealed, meaning that only police and judicial staff can access the records as needed for investigative purposes.

"However, the provision hasn't been applied to adult offenders, even if their crimes do little harm to society," Zhao added.

Yu Yang, who was sentenced to 10 months in prison in 2014 for organizing illegal blood sales, is an example. He has struggled to find employment since he was freed, as his crime remains on his record, according to Redstar News.

Yu found work as a security guard and courier, but he was fired from both jobs once his employers learned of his offense.

"I sought jobs in many provinces, including Shandong, Zhejiang and Guangdong, but wherever I went, a'no crime' certificate was a must for employment," he told the news outlet, adding that he got fired a dozen times a year for the mistake he had made 10 years ago.

Zhao, the lawyer, said: "Such social penalties for those who committed minor offenses, such as Yu, are too heavy. They serve prison terms, and then have to face difficulties in employment and education for themselves as well as their family members. The price they pay is too high."

He pointed out that penalties caused by misdemeanors make them a destabilizing factor and suggested the country seal records of minor offenses for adults, just as it has done for juveniles, in a timely manner.

In addition, the record of punishments for administrative violations such as fines or short-term detention for disturbing public order should also be sealed, as those mistakes are less harmful to society than minor offenses, he added.

Luo Xiang, a professor at China University of Political Science and Law, shared similar advice on his social media platform, saying that records involving minor offenses such as reckless driving need to be sealed or even expunged if the convicted person doesn't commit new crimes within five years of their release.

"A major function of punishment is to educate and rehabilitate people, rather than to push criminals into a dead end," he said. "If an offender is stigmatized and unable to find work after being released from prison, he or she will be likely to reoffend."

Zhou Guangquan, a deputy to the National People's Congress, China's top legislature, said in March that to build a more harmonious social environment and achieve modernization in national governance, it is "necessary to consider the establishment of sealing minor offense records in legislation".

In his opinion, China has always attached importance to recording offenses, but has not yet developed a more complete system for dealing with such records.

He suggested that a mechanism for sealing minor criminal records should be established through legislation as soon as possible.

"Only in this way can our laws show leniency for people who have made mistakes and ensure that those with minor crimes are punished in accordance with their offenses," said Zhou, who is also president of Tsinghua University's School of Law.

Zhao, the lawyer, emphasized that instead of blindly sealing minor records, they should be sealed based on specific circumstances.

"For those who commit minor offenses and do not commit new crimes within a certain period, their records should be permanently sealed or even expunged," he said.

"If they reoffend, the records will be disclosed, and they may have difficulty in matters such as work promotion or school admission."

caoyin@chinadaily.com.cn