China's 2026 criminal record sealing pilot program represents a significant reform of the country's criminal record system. The program, implemented in select cities, allows certain convicted individuals to have their criminal records sealed from public access after meeting specified conditions. For individuals who committed minor offenses and have demonstrated rehabilitation, the program offers a pathway to move beyond their criminal history and rebuild their lives without the stigma of a permanent criminal record.

Scope and Eligibility

The pilot program applies to individuals convicted of crimes carrying a maximum sentence of less than three years imprisonment, who have completed their sentence, paid all fines and restitution, and have not re-offended during a specified observation period. The observation period is typically five years from the date the sentence is fully completed for most offenses and three years for juvenile offenders. Certain categories of crimes are excluded from the program, including national security offenses, terrorist activities, organized crime offenses, serious violent crimes, and sexual offenses against minors. The final determination of eligibility rests with the court that issued the original judgment, which reviews each application on a case-by-case basis.

Application Process

Eligible individuals must file a written application with the original trial court, accompanied by supporting documentation including proof of sentence completion, proof of fine and restitution payment, certificate of no re-offense from local police, and character references from employers or community organizations. The court reviews the application within 30 days and may hold a hearing if necessary. If approved, the court issues a sealing order directing the relevant police departments, prosecution authorities, and other record-keeping agencies to seal the criminal records. Sealed records remain accessible to courts and prosecutors for purposes of subsequent criminal proceedings but are not disclosed to employers, landlords, or the general public.

Key Words: Criminal Defense, Criminal Appeals, Bail and Detention