Even those who have served time, filed for bankruptcy, or ended up on a blacklist still have legal avenues to start over — provided they complete all required procedures.
Original: eternity4719 · source details
Original author: eternity4719 · Chinese source: · English adaptation: parveen0029. Translation and grade notes ↗
Bibliographic titles are retained in their original language.
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Cost and benefit at a glance
- Check the cost Cost ↓
- There are no processing fees. Former inmates must register at their local judicial office or community center to apply for reintegration assistance from the gov…
- Then the source benefit Benefit ↓
- Former inmates are entitled to equal rights under the law, including non-discrimination in employment, education, and social insurance. Those facing hardship receive government ass…
In plain terms
Former inmates cannot be discriminated against regarding employment, education, or social insurance; the government must provide support to those in need. If a person was under 18 at the time of the crime and received a sentence of five years or less, their record is sealed, so they need not disclose it when joining the military or applying for jobs. The blacklist stays active for two years; once debts are paid, courts must remove the name within three working days. Adults, however, cannot have their criminal records sealed and must disclose them when enlisting or seeking employment.
This guide's cartoon · show illustration
Enlarge illustrationOriginal illustration with Chinese lettering; the English dialogue is below. Humour is a reading aid, not evidence.
English dialogue
- My wallet ran out of battery.
- Let's check the eligibility rules.
Cost: what it takes
There are no processing fees. Former inmates must register at their local judicial office or community center to apply for reintegration assistance from the government. Those on a default judgment list must settle all debts before requesting removal from the list via the court. In Shenzhen, individuals who have contributed to social insurance for at least three years may file for personal bankruptcy. Each step involves paperwork, interviews, and a monitoring period lasting one to three years. The main challenge is repeatedly explaining one’s past to officials while enduring the waiting period.
Benefit: what the source reports
Former inmates are entitled to equal rights under the law, including non-discrimination in employment, education, and social insurance. Those facing hardship receive government assistance and reintegration services (as stipulated by the revised Prison Law effective 1 November 2026). Central directives from 2010 call for enhanced vocational training and inclusion in social aid programs for this group, plus establishment of transitional support centers. Minors under 18 with sentences under five years have sealed records; proof of no criminal record can be issued within three days upon request. The blacklist remains for two years, and removal follows promptly after debt settlement. Shenzhen’s Personal Bankruptcy Regulations offer a unique pathway: after three years of compliance, remaining debts may be forgiven. Business entities facing insolvency can pursue restructuring, settlement, or liquidation, thereby discharging obligations (this applies nationwide; personal bankruptcy is currently limited to Shenzhen).
Conditions, limits and disagreements
This summary does not downplay reality: adult criminal records cannot be sealed, and Article 100 of the Criminal Law mandates disclosure when enlisting or seeking employment. Certain professions such as civil servants, judges, lawyers, and teachers face additional restrictions, which remain unchanged. The cited Prison Law provisions correspond to Articles 37 and 38 as of 1 November 2026; exact wording may vary slightly. Guidance from Central Document No. 5 (2010) is referenced as republished by local authorities. During the bankruptcy monitoring period, individuals may not travel first class, engage in excessive spending, or purchase property; eight categories of debt, including personal injury compensation, remain non‑forgivable. Fraudulent bankruptcy claims may be revoked. Removal from a default judgment list does not automatically clear credit histories, as these are separate systems.
Original references
Original bibliographic titles and links are preserved; some titles are in Chinese.
全国人大常委会 (2026). 监狱法(2026 年修订,第五十九、六十、六十二条). https://www.spp.gov.cn/spp/fl/202604/t20260430_726746.shtml;中共中央办公厅、国务院办公厅 (2010). 转发《中央社会治安综合治理委员会关于进一步加强刑满释放解除劳教人员安置帮教工作的意见》的通知(中办发〔2010〕5 号). http://www.hnziyang.gov.cn/jc_zy/63/84/content_19460.html(益阳市资阳区政府转载);全国人大常委会 (2018). 刑事诉讼法(2018 年修正,第二百八十六条). https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml;最高人民法院、最高人民检察院、公安部、司法部 (2022). 关于未成年人犯罪记录封存的实施办法(第九、十五条). https://gat.hunan.gov.cn/gat/jwgk/zfxxgk/xxgkml/zcfgjjd/zcfg/202205/t20220531_24795836.html(湖南省公安厅转载);最高人民法院 (2017 修正). 关于公布失信被执行人名单信息的若干规定(第二、十条). https://www.court.gov.cn/fabu/xiangqing/37182.html;深圳市人大常委会 (2020). 深圳经济特区个人破产条例(第二、二十三、九十五、九十七、一百零三条). https://sf.sz.gov.cn/xxgk/xxgkml/zcfg/content/post_8586018.html;全国人大常委会 (2006). 企业破产法(主席令第五十四号,第二、七、一百二十、一百二十一、一百二十四条;第一百二十四条:「破产人的保证人和其他连带债务人,在破产程序终结后,对债权人依照破产清算程序未受清偿的债权,依法继续承担清偿责任。」). http://www.gov.cn/gongbao/content/2006/content_413952.htm;全国人大 (1997). 刑法(第一百条第一款:「依法受过刑事处罚的人,在入伍、就业的时候,应当如实向有关单位报告自己曾受过刑事处罚,不得隐瞒。」该页是 1997 年原文). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml;全国人大常委会 (2011). 刑法修正案(八)(第十九条:「在刑法第一百条中增加一款作为第二款:“犯罪的时候不满十八周岁被判处五年有期徒刑以下刑罚的人,免除前款规定的报告义务。”」). https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf68be604a1
Medical, legal, financial and policy conditions vary by person, place and time. Policy material primarily concerns mainland China; check the cited document and current local requirements.