Update on judicial record information regarding automatic expungement of conviction in Vietnam

Update on judicial record information regarding automatic expungement of conviction in Vietnam (Illustrative image)

Article 18 Decree 111/2010/ND-CP stipulates the update of judicial record information regarding automatic expungement of conviction upon receiving specific verification results as follows:

Based on the verification results, the National Judicial Record Center and the Department of Justice update the information into the judicial record of the convicted person as follows:

Record in the judicial record of the convicted person as "conviction expunged" if the person falls into one of the following cases:

- No new offenses were committed within the timeframe of having a conviction as prescribed by the Penal Code;

- Has a conviction for one offense but is subsequently convicted, investigated, prosecuted, or tried for another offense occurring before or after the timeframe of having the conviction for that offense as prescribed by the Penal Code.

In the case where a person with a conviction for one offense is subsequently convicted under a final judgment for another offense occurring within the timeframe of having a conviction for the initial offense as prescribed by the Penal Code, the judicial record will state "conviction" for that offense.

If a person with a conviction for an offense is being investigated, prosecuted, or tried, or has been convicted but the judgment is not yet final for an offense occurring within the timeframe of having a conviction for that offense as prescribed by the Penal Code, the information regarding the automatic expungement of the conviction will not be updated in the person's judicial record until the court's judgment is finalized.

For more details, see: Decree 111/2010/ND-CP, effective from January 10, 2011.

Nguyen Phu

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