[Direct answer]Those who meet the conditions shall have their criminal records sealed. The Criminal Procedure Law of the People's Republic of China stipulates that if the offender was under the age of 18 at the time of the crime and was sentenced to a fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed; the Law of the People's Republic of China on the Protection of Minors also stipulates that judicial organs shall seal the records in accordance with the law. After sealing, except for judicial organs needing the records for case handling or relevant units querying according to national regulations, the records shall not be provided to any units or individuals. Units querying the records in accordance with the law shall keep them confidential. Sealing the records does not mean that the records are erased. If the offender commits a new crime or a hidden crime is discovered during the sealing period, the offender may be dealt with in accordance with the relevant provisions.

I. Problem Background and Typical Scenarios

When minors commit crimes due to impulsive behavior and are sentenced to relatively light punishments, their greatest concern is whether the criminal record will follow them for the rest of their lives and affect their future studies and employment. Parents often don't know whether they should apply for the sealing of the record, who to apply to, or whether employers will still be able to access the record after it has been sealed. Understanding the applicable conditions for sealing the record and the exceptions to the query is a prerequisite for protecting minors and helping them successfully reintegrate into society.

II. Key points of contention

The controversy focuses on: first, the applicable conditions for sealing records (age and sentence); second, the effectiveness of sealing records and the obligation of confidentiality; third, the subject and scope of exceptional inquiries; fourth, the circumstances under which sealing records can be lifted. The judicial and legislative tendencies are: to take education, reform, and salvation as the guiding principles, to minimize the impact of minor criminal records on the future development of minors, and at the same time, to retain necessary channels for case handling and statutory inquiries.

III. Professional analysis by Henglue Lawyers

First level: Applicable conditions: If the offender was under the age of 18 at the time of the crime and was sentenced to a fixed-term imprisonment of not more than five years (including the circumstances of exemption from criminal punishment as reflected in relevant regulations), the case file should be sealed; if the conditions are not met, the sealing shall not be applied. Second level: Effects of sealing: After sealing, the relevant records shall not be provided to ordinary units or individuals. Units authorized to access the records shall be obligated to maintain confidentiality. In scenarios such as school admission and employment, minors generally do not need to actively disclose the sealed records, and relevant units shall not illegally obtain them. Third level: Exceptions to inquiry: Judicial organs may lawfully inquire into the case for case-handling purposes; where relevant units inquire according to national regulations (such as statutory reviews for specific positions), they shall proceed in accordance with the rules and maintain confidentiality. Unlawful inquiries or disclosure of records shall entail corresponding responsibilities. Fourth level: Lifting and consequences: If the offender commits new crimes during the sealing period, undetected additional crimes are discovered, or the judgment is modified through judicial supervision procedures, the sealing may be lifted in accordance with the law; after lifting, the records shall be handled in accordance with general regulations. Fifth level: Practical points: Application for sealing is typically initiated by judicial organs ex officio. Family members and lawyers may actively prompt and verify whether the sealing has been implemented. Complaints and appeals may be filed against unlawful disclosure of sealed records. When handling criminal defense matters, our firm typically follows up on sealing, rehabilitation assistance, and reintegration into society after sentencing to reduce the adverse impact of the records on schooling and employment. In practice, the implementation of the sealing system relies on the coordination of various case-handling organs. Family members may actively verify whether the sealing has been implemented in the judgment, execution, and file management stages. If employers illegally demand criminal record certificates or unlawfully inquire into records, they may lawfully refuse and report the situation to competent authorities to safeguard minors' equal rights to employment and education.

IV. Practical suggestions and legal basis

The first step is to verify whether the person meets the conditions for sealing the criminal record (their age at the time of the crime and the sentence imposed). The second step is to confirm whether the judicial authority has legally sealed the record and, if necessary, submit a written reminder. The third step is to file a complaint or appeal in accordance with the law and preserve evidence if there are any unlawful inquiries or disclosures. The fourth step is to monitor the risks of the sealing being lifted and avoid committing further crimes during the sealing period. The main legal basis includes the provisions on sealing the criminal records of minors in the Criminal Procedure Law of the People's Republic of China, relevant articles of the Law of the People's Republic of China on the Protection of Minors, and the Implementing Measures on Sealing the Criminal Records of Minors issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice. The relevant provisions shall be based on the currently effective versions, and the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

There are three sentences regarding the sealing of criminal records: if the offender was under 18 at the time of the crime and was sentenced to less than five years in prison, the record should be sealed; after the record is sealed, it shall not be randomly inquired or disclosed. If an inquiry is conducted according to law, it shall be kept confidential; sealing the record does not mean erasing it. If the offender commits another crime during the sealing period, the sealing will be lifted. For criminal cases involving minors, you can consult through the following channels:Criminal defense and criminal case filingWe can provide a comprehensive solution for services involving the protection of minors' rights and interests.Special servicesFor more information on education and employment rights, please refer to the relevant sections.Intellectual property protection and corporate lawThe column provides consultation on difficult criminal casesCriminal defenseTeam.

VI. Frequently Asked Questions

Q1: Can the records of minors who have been sentenced be sealed?

Those who are under the age of 18 at the time of committing the crime and are sentenced to imprisonment of not more than five years shall have their criminal records sealed; those who exceed this condition shall not be subject to the sealing of their criminal records.

Q2: What materials are required to apply for archival storage?

The effective judgment and enforcement materials, the household registration or identity certificate showing the age at the time of the crime, and the application for sealing or the reminder document are used to confirm whether the conditions for sealing are met.

Q3: How much does it cost to handle the sealing-up procedures?

The sealing of evidence is usually handled by judicial authorities on their own initiative, and there is generally no additional charge for it. If a lawyer is hired to assist, the attorney's fee will be negotiated based on the scope of the services provided.

Q4: How long does the sealing process take?

Generally, it is handled by the case-handling organ after the judgment takes effect, and the time required is relatively short. If there is a need for prompting or appeal, the time required will vary from a few weeks to several months, depending on the specific circumstances.

Q5: Can the unit access the records that have been archived?

Generally, this is not allowed. Except for cases handled by judicial organs or for inquiries by relevant units in accordance with national regulations, it is not allowed to provide such information. The units making inquiries in accordance with the law shall keep the information confidential, and those who disclose it in violation of the law may be held accountable according to law.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.