Record-sealing rule concerns addressed

A new regulation mandating the sealing of public security administrative penalty records, including those related to drug use, has sparked an intense debate on social media, with many people worrying that it may condone illegal activities and undermine social security.

Addressing such fears, legal experts said the records will be sealed, not deleted or expunged, which in no way will condone or cover up illegal activities. Strict access restrictions already exist for sensitive industries involving minors and public safety, they added.

The new rule, which is part of the revised Law on Penalties for Administration of Public Security, will take effect on Jan 1, 2026.

It garnered a lot of attention after a comment posted about a promotion video of the revised law by Nantong Culture and Tourism's official Douyin account went viral. The comment — "Which young master got caught using drugs?" — triggered public anxiety, with many users on social media expressing the concern that offenders may exploit the policy to "whitewash "their records.

Public concern mainly focuses on four key points: whether the rule creates a backdoor to erase past offenses, weakens deterrence against drug-related crimes, endangers community safety through information blind spots, or prioritizes leniency over justice.

Ji Ying, an associate professor of law at the University of International Business and Economics in Beijing, attributed the controversy to public misunderstanding that drug-related administrative records will be expunged, allowing unrestricted access to career opportunities.

"This misunderstanding sparked worries about public safety and social fairness, and frustration regarding overlooked anti-drug enforcement efforts," Ji said.

Noting the unique status of drug use among administrative violations, she said: "Members of the public maintain zero tolerance toward drug-related behaviors. They believe that a one-size-fits-all sealing policy will not only violate justice and fairness, but also endanger social security. Their concern reflects society's correct understanding of drug hazards and its firm pursuit of justice."

Ji emphasized that China's legal system distinguishes "administrative violations" from "criminal offenses".

Drug use is classified as an administrative offense, with a maximum penalty of 15 days' detention under the Public Security Administration Punishments Law, while trafficking, manufacturing and illegal possession of drugs are crimes.

China's current Anti-Drug Law stipulates that drug users shall be subject to public security administration penalties, and no penalty shall be imposed on drug users who voluntarily register with public security organs or receive drug rehabilitation treatment at qualified medical institutions.

Addressing fears of information asymmetry, such as neighbors or employers being unaware of past drug users, Ji said that stringent supporting supervision measures remain in place, and the record-sealing system features differentiated and refined management.

Law enforcement agencies maintain official records of violations, which relevant authorities may access when necessary, and entry restrictions for specific occupations remain in place for special offenses such as drug use, she said.

China's multiple laws and regulations require a clean record in terms of drug use for key positions such as ride-hailing drivers, teachers and security guards.

"The sealing of records does not mean that the records don't exist anymore. ... China's legal system has been striving to strike a balance between safeguarding public safety and realizing humanized and lenient law enforcement," Ji said.

Furthermore, the country's antidrug framework combines strict enforcement with rehabilitation.

An online dynamic control system, which was established in 2006, monitors drug users and offenders by accessing a database of their identity records. This system mandates regular follow-ups and random testing for individuals post-detoxification.

Relevant authorities also monitor narcotic and psychotropic drug circulation, forming closed-loop management through community and rehabilitation feedback.

Yin Bo, a law professor at China University of Political Science and Law, said the new rule responds to real challenges, as data from the National Bureau of Statistics shows that China registered about 8 million public security cases on average annually from 2019 to 2023, many of these involving minor offenses including drug use, fighting and gambling.

"Many individuals with a single minor public security violation record face outright disqualification at key stages of their lives, such as job applications. This is not only unfair to them, but also creates a large marginalized group in society," Yin said.

He noted that the new rule doesn't endorse special-group protection, but a second-chance policy. The sealed records are invisible in most routine background checks, allowing such individuals to compete fairly and transform themselves from "potential risks" to active social contributors, Yin added.

Ji, from the UIBE, said that drug use is noncriminal because legislators view addicts as "patients" in need of compulsory rehabilitation, given the absence of direct victims — a stance grounded in global common practice.