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China’s Communist Party
ChinaPolitics

Even without a criminal conviction, Chinese hurt by minor stain on their record

  • Legal amendment seeks to lift burden for minors but legal scholars argue it should erase record of minor offences for all adults

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Minor infractions such as traffic violations may appear as a footnote on a Chinese  “certificate of no criminal conviction” and hamper education and work opportunities. Photo: AP
Xinlu Liangin Beijing

For decades, a footnote on a police clearance has been enough to deny many Chinese a range of opportunities, from education and public service exams, to employment and career advancement.

The clearance is called a “certificate of no criminal conviction” and confirms that the holder has not been found guilty of a criminal act.

It is needed for various administrative purposes but it can also contain a footnote of minor violations, such as traffic infringements, that can deal a fatal blow to any application.

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Proposed changes to the Public Security Administration Punishment Law would clear that record for people under 18 years of age, expunging minor infractions, such as cheating on exams, disturbing bus drivers and releasing sky lanterns.

But experts say the changes now being considered by the national legislature, the National People’s Congress, need to go much further and clear the record of minor violations for all adults.

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“Many people have been affected by the existence of these records, which can prevent them from obtaining jobs, getting married, or even starting a business,” Luo Xiang, a professor at China University of Political Science and Law in Beijing, said in an interview with China News Weekly late last month.

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