Can companies with criminal records be found out?

Jiang Xiaojun, a lawyer in Hangzhou.

Practice for 4 years | Zhejiang Nagu Law Firm

Good at: economic disputes, corporate affairs, marriage and family.

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Legal analysis: the company has no right to verify, but the company can ask the applicant to fill in the resume truthfully, and the applicant should fill it out truthfully. The company cannot inquire about the personal criminal records of the public security organs, which means that these files of the public security organs do not provide inquiries to the company. In other words, under normal circumstances, companies can't go to the public security department to inquire about personal criminal records. However, if the company wants to know whether employees may have criminal records, it can ask employees to provide proof of no criminal records (issued by the police station where the household registration is located) during the recruitment process. For employees who have already joined the company, we can inform employees that they need to provide proof of no criminal record by formulating company rules and regulations. If the on-the-job employee refuses to provide it, he can only be transferred or resigned according to whether the work needs no crime.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).