Updating Criminal Record Information Regarding Automatic Expungement

Update on judicial record information regarding automatic expungement of criminal records (Illustrative image)

Article 18 Decree 111/2010/ND-CP stipulates the update of judicial record information regarding automatic expungement of criminal records 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 "criminal record expunged" if the person falls into one of the following cases:

- No new offenses were committed within the timeframe of having a criminal record as prescribed by the Penal Code;- Has a criminal record for one offense but is subsequently convicted, investigated, prosecuted, or tried for another offense occurring before or after the timeframe of having the criminal record for that offense as prescribed by the Penal Code.

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

If a person with a criminal record 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 criminal record for that offense as prescribed by the Penal Code, the information regarding the automatic expungement of the criminal record 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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