[Direct answer]Generally, no criminal record will be created. Discretionary non-prosecution, also known as relative non-prosecution, refers to the situation where the crime is minor and does not require a criminal punishment or exemption from punishment according to law. The procuratorial organ makes a decision not to prosecute and does not pursue criminal responsibility. Since the person has not been convicted by the court, it does not constitute a criminal record, and it is usually possible to apply for a certificate of no criminal record. However, two points should be noted: first, the procuratorial organ and the public security organ may keep relevant case-handling records internally; second, some professional qualification reviews, military political reviews, etc. may be affected by this record, and the specific requirements shall be subject to the provisions of the relevant departments.

1. Problem background and typical scenarios

After the party concerned is granted a discretionary non-prosecution, their biggest concerns are "whether they will have a criminal record, whether they can obtain a certificate of no criminal record, and whether it will affect their children's political review and job hunting". Some people think that non-prosecution means they are completely cleared of charges, while others worry about carrying a stigma for the rest of their lives. In fact, "criminal record" usually refers to a criminal record after being convicted by a court, which is a different concept from non-prosecution. However, the decision of non-prosecution itself is still a judicial record, and it is necessary to correctly understand its scope of influence.

II. Key points of contention

First, the difference between criminal records and case-handling records. Second, whether a certificate of no criminal record can be issued. Third, the potential impact on employment and political review. Fourth, the rights and remedies to which the person who has not been prosecuted should be entitled.

III. Professional analysis by Henglue Law Firm

Firstly, clarify the concept: The so-called criminal record generally refers to the criminal records of offenders, which are usually confirmed after the court's effective judgment; discretionary non-prosecution does not involve a court judgment and does not result in a criminal record, so it is not legally defined as guilt. Secondly, regarding the certificate of no criminal record: According to relevant inquiry regulations, criminal records refer to the records confirmed by the people's court's effective judgment and imposed criminal penalties; those subject to discretionary non-prosecution do not fall within this scope. Generally, a certificate of no criminal record can be issued upon application, but the procedures may vary slightly in different regions. It is recommended to follow the regulations and requirements of the local public security organ. Thirdly, possible records and their impact: The decision on non-prosecution will leave case-handling records in the procuratorial organ and public security organ. Although these records are not equivalent to criminal records, they may be queried and used as reference factors in some professional qualification reviews, military enlistment political reviews, and special position background investigations, so it cannot be simply assumed that there is "no trace at all". Fourthly, the rights of the non-prosecuted: If the non-prosecuted person disagrees with the decision on discretionary non-prosecution, he/she may appeal; the non-prosecuted person in custody shall be immediately released, and the seized property shall be legally disposed of; if the non-prosecuted person commits a crime within a certain period of time after the decision, although he/she does not constitute a recidivist, it may affect the subsequent handling. Henglue advises that when striving for discretionary non-prosecution, efforts should be made to simultaneously strive for the lifting of compulsory measures, the return of property, and the retention of the decision on non-prosecution, so as to facilitate the issuance of certificates or explanations in the future. When handling such cases in Beijing, the legal effects of non-prosecution and guilty verdicts are strictly distinguished.

IV. Practical suggestions and legal basis

The first step is to confirm the type of non-prosecution: discretionary non-prosecution, absolute non-prosecution, or non-prosecution due to reasonable doubt, as the legal consequences differ. The second step is to properly preserve the non-prosecution decision as the basis for proof of a clean criminal record. The third step is to, if involved in political reviews or professional qualifications, understand the inquiry procedures of relevant departments in advance and, if necessary, provide legal opinions. The fourth step is to exercise rights such as appealing in a timely manner if dissatisfied with the decision or if property has not been returned. The main legal basis is Article 177 of the Criminal Procedure Law of the People's Republic of China (amended and implemented in 2018) and relevant provisions on establishing a criminal record system for offenders. The specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Advice

Here are the three key points regarding the determination of non-prosecution cases: non-prosecution does not equate to a guilty verdict, and generally does not result in a criminal record; you can apply for a certificate of no criminal record, but case records may still be subject to inquiries; and there may be implications for political reviews and special professional qualifications, so it's advisable to familiarize yourself with the relevant procedures in advance. For matters involving non-prosecution and criminal defense, you can consult a professional lawyer for further assistance.Criminal defense and criminal case filingFor services that require an overall solution involving professional qualifications and corporate compliance, they can be combined together.Intellectual property protection and corporate lawFor plates related to labor relations, you can refer to the following for reference.Labor arbitration and work-related injury compensationFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Will a discretionary non-prosecution decision result in a criminal record?

Generally, they do not result in criminal records. A criminal record usually refers to a criminal record where the court has found the defendant guilty. In the case of a discretionary non-prosecution, the defendant has not been found guilty by the court, so legally, they are not considered guilty, but their case handling records will still be kept.

Q2: Can you provide a certificate of no criminal record?

Generally, it's possible. Criminal records are limited to the situation where the court's effective judgment confirms the guilt and imposes punishment. Discretionary non-prosecution does not fall within this scope. The specific procedures shall be subject to the local public security organ's regulations.

Q3: Will it affect the political review of my children?

Generally, it does not constitute a criminal record and has limited impact; however, individual political reviews, military enlistment, or background checks for special positions may inquire about the non-prosecution record and use it as a reference. It is recommended to understand the specific requirements in advance.

Q4: Will finding a job be affected?

General positions are generally not affected; positions involving special qualification requirements such as finance, civil service, and legal professions may be subject to background checks, which need to be judged in accordance with specific regulations.

Q5: Will the property be returned after the charges are dropped?

Yes. The seized, detained, and frozen assets shall be unblocked in accordance with the law, and the detained non-indicted persons shall be released immediately; the non-indicted persons who disagree with the decision may also appeal in accordance with the law, and those involved in the return of assets may request the case-handling organ to issue a processing list and unblock the seized, detained, and frozen assets in accordance with the law.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.