Expungement of Conviction Records for Juveniles

Tuyet Hoan

07:46, 11/07/2024

Expungement of criminal records for minors is an important provision aimed at helping minors avoid feelings of guilt for the offenses they have committed. The amended Criminal Code 2017 specifically stipulates the following regarding the expungement of criminal records for minors:

Persons under 18 years of age who are convicted are considered to have no criminal record if they fall under one of the following cases:

- Persons from 14 to under 16 years old;- Persons from 16 to under 18 years old who are convicted of less serious crimes, serious crimes, or very serious crimes committed involuntarily;- Persons subjected to judicial measures as stipulated in Section 3 Chapter XII of the Criminal Code 2015.

Persons from 16 to under 18 years old who are convicted of very serious crimes committed intentionally or particularly serious crimes are naturally regarded to have their criminal record expunged if, since the completion of the main penalty or the end of the probation period of the suspended sentence or since the expiration of the statute of limitations for the execution of the judgment, they have not committed a new criminal offense within the following periods:

- 6 months in case of warning, fine, non-custodial reform, or imprisonment but with suspended sentence;- 1 year in case of imprisonment up to 5 years;- 2 years in case of imprisonment from over 5 years to 15 years;- 3 years in case of imprisonment over 15 years.

For details, see Amendment Law of the Criminal Code 2017, effective from January 1, 2018.

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