In a significant development for China's criminal justice system, the minor criminal record sealing pilot program was expanded nationwide in 2026, allowing eligible offenders to have their criminal records sealed and effectively removed from public background checks. This reform has important implications for foreign nationals who may have committed minor offenses in China, as a sealed record does not need to be disclosed in employment applications, visa applications in most cases, or other routine background checks within China. Zhou Na, director of Tianjin Huashengli Law Firm and a criminal defense specialist, explains the 2026 pilot expansion and its implications for foreign defendants.

The 2026 Minor Criminal Record Sealing Pilot Expansion

China's minor criminal record sealing system, initially piloted in select provinces, was expanded nationwide in 2026 under a joint directive from the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice. This expansion significantly broadens the scope of record sealing eligibility and standardizes procedures across all provinces. Under the expanded pilot, individuals convicted of minor criminal offenses meeting specific criteria can apply to have their criminal records sealed, meaning the record is removed from public access and does not need to be disclosed in most employment, education, or licensing contexts. The rationale for the expansion is to reduce the social stigma and long-term consequences of minor convictions, facilitate the reintegration of offenders into society, and conserve judicial resources by focusing on serious crimes. For foreign nationals who have been convicted of minor offenses in China, the record sealing option is particularly valuable because a criminal record in China can affect visa renewals, future entry into China, employment prospects with multinational companies, and professional licensing in their home countries.

Eligibility Criteria for Record Sealing

To qualify for criminal record sealing under the expanded pilot, a defendant must meet several criteria. The offense must be a minor criminal offense, defined generally as an offense punishable by a fixed-term imprisonment of less than three years, criminal detention, or a fine only. Certain categories of offenses are excluded from record sealing regardless of the sentence imposed, including offenses involving national security, terrorism, organized crime, drug trafficking, sexual offenses against minors, and serious violent crimes. The defendant must have no prior criminal convictions. The offense must have been committed when the defendant was an adult; separate rules apply to juvenile offenders under a different legal framework. The defendant must have completed serving their sentence, including any probationary period if a suspended sentence was imposed. Finally, the defendant must not have committed any new offense during a specified observation period following the completion of their sentence. For most offenses, the observation period is two years, but it may be extended to five years for certain moderate offenses. Foreign nationals are eligible for record sealing on the same terms as Chinese citizens, provided they meet the substantive criteria. This is an important development, as it provides a mechanism for foreign nationals to clear their criminal record in China without needing to leave the country or apply for extraordinary relief.

The Application Process

The application process for criminal record sealing begins with the eligible individual filing an application with the original sentencing court or the court with jurisdiction over the place where the sentence was served. The application must include a written request explaining why record sealing is appropriate, documentation of the original conviction and sentence, evidence that the sentence has been fully completed, proof of good conduct during the observation period, and any other supporting materials such as character references, evidence of employment, or proof of community ties. The court reviews the application and may conduct an investigation, including interviews with the applicant, the prosecuting authority, and community representatives. The court may also request a background check from the public security authorities. If the court approves the application, it issues an order sealing the criminal record. The public security authorities, the procuratorate, and the court itself are then required to treat the record as sealed for all non-criminal justice purposes. This means that the conviction does not appear on standard background checks, employment verification searches, or licensing inquiries. However, the sealed record can still be accessed by judicial authorities if the individual is later charged with another criminal offense.

Implications for Foreign Defendants

For foreign defendants in China, the availability of criminal record sealing has several important implications. First, it provides a clear path to rehabilitation and record clearance that did not previously exist. A foreign national who commits a minor offense in China and meets the sealing criteria can effectively wipe their criminal slate clean after serving their sentence and completing the observation period. This can be crucial for visa applications, as many visa categories require applicants to disclose criminal convictions. Once the record is sealed, the individual may not be required to disclose the conviction on Chinese visa applications, although the rules vary by visa type and country of citizenship. Second, record sealing can protect employment prospects. Many multinational companies conduct background checks on employees working in China, and an unsealed criminal record can result in termination or denial of employment. A sealed record does not appear on standard background checks, protecting the individual's career. Third, record sealing can facilitate international travel and immigration. Some countries deny entry or visa applications to individuals with criminal records from China. A sealed Chinese record that does not appear on international background check databases may not need to be disclosed on visa applications for third countries, although applicants should consult with immigration attorneys in their specific situation.

Practical Steps to Maximize Eligibility

Foreign defendants who may be eligible for criminal record sealing should take several steps to maximize their chances of approval. First, they should ensure that they fully comply with all conditions of their sentence, including paying any fines or restitution, completing any community service, and meeting all probation requirements. Any violation of sentence conditions, even a minor one, can disqualify the defendant from record sealing. Second, they should maintain a clean record during the observation period, avoiding any contact with the criminal justice system. This includes avoiding arrests, citations, or even being a witness in a criminal case where their conduct could be questioned. Third, they should gather evidence of their rehabilitation and good conduct. This can include employment records, character references from community members or employers, evidence of volunteer work or community involvement, and any educational or training certificates earned after the conviction. For foreign nationals who plan to leave China after serving their sentence, it may be advisable to apply for record sealing before departure, as the application process requires personal appearance before the court. If the defendant has already left China, they may need to return for the application or arrange for a legal representative to appear on their behalf, depending on the specific procedures of the court with jurisdiction. The legal assistance of experienced Chinese criminal defense counsel is crucial throughout this process, as the procedural requirements vary by jurisdiction and individual case circumstances.

Conclusion and Recommendations

The 2026 expansion of China's minor criminal record sealing pilot program represents an important step forward in Chinese criminal justice reform. For foreign nationals who have been convicted of minor offenses in China, the program offers a meaningful opportunity to clear their criminal record and move forward without the stigma and practical disadvantages of a permanent criminal record. However, the program has limitations that foreign defendants should understand. The eligibility criteria are restrictive, and not all minor offenses qualify for sealing. The application process requires careful preparation and presentation of evidence. Foreign nationals who may be eligible for record sealing should consult with experienced Chinese criminal defense counsel at the earliest possible opportunity, ideally before pleading guilty or accepting a sentence, so that their attorney can advise them on how to structure their case to maximize the chances of future record sealing eligibility. With proper legal guidance and compliance with all requirements, many foreign defendants can successfully clear their Chinese criminal record through this program.