Sealing of drug-use records aids social rehabilitation

A recent legal provision mandating the sealing of administrative penalty records, particularly in relation to narcotics use, has become a hot topic of discussion in China. Part of the revised Law on Penalties for Administration of Public Security, the new law — which takes effect on Jan 1 — stipulates that records of violations should be sealed and not disclosed to any organization or individual, except in case of inquiries conducted in line with regulations.

Many netizens worry that the rule might condone drug use or provide a pathway for offenders to "cleanse" their records.

The public's reaction, on the one hand, shows the importance people place on drug-related cases; on the other, it reveals a gap between professional knowledge and public understanding.

In China, if someone engages in inappropriate behavior that is not severe in nature and does not harm others or society, the police can impose administrative penalties, including issuing warnings, fines or detention for no more than 15 days, in accordance with the law.

For example, individuals found in possession of small amounts of drugs, using drugs, or deceiving doctors into prescribing narcotics or psychoactive drugs face administrative detention of up to 15 days or fines of up to 3,000 yuan ($424.72). In essence, the law does target first-time or accidental drug users, who are considered both violators and victims, posing relatively minor damage to others and society.

However, if the circumstances are severe, such as possessing large quantities of drugs or engaging in drug trafficking, it constitutes a crime under the Criminal Law, and will result in imprisonment and/or other criminal punishments on conviction.

In 2014, one of two celebrities involved in a drug-related case was detained for 14 days for drug use, while the other faced prosecution because he not only took drugs but also provided a platform for other people to do so. This demonstrates that China has never turned a blind eye or condoned drug-related behavior, but rather categorizes and punishes individuals on the basis of specific circumstances and the severity of the crime.

The decision to seal administrative penalties, therefore, is to help people who commit minor offenses and show genuine remorse integrate into society. Previously, many such people faced setbacks when it came to education, or in finding jobs as employers required a clean criminal record. In the absence of sealing requirements, some public security agencies allowed access to or provided the administrative penalty records. This infringed on the privacy of individuals while also discriminating against them for relatively minor offenses.

The new rule imposes a uniform requirement on public security departments nationwide, meaning that they can provide administrative penalty records only for the sake of investigation or in accordance with national regulations. Moreover, sealing records does not mean deleting them, nor does it weaken the management of drug users.

China has maintained a "zero-tolerance" policy against violations and crimes involving drugs, conducting classified assessment and management of drug-related individuals. As of the end of May, there were 710,000 drug users across the country, more than 4.33 million had been drug-free for three years without relapse.

Besides, under various laws and regulations in China those applying for certain positions, such as ride-hailing drivers, kindergarten teachers and security guards, must provide proof of no drug use. Under the new rule, employers in these industries can check with the public security agencies.

Building a law-based society demands not only knowledge of the law but also timely response to public concerns. When a topic sparks controversy and debate, it signifies public interest and engagement. Such discussions naturally lead to differing opinions. Only by continuously enhancing communication and reaching a consensus can we ensure that legal policies and measures are effectively implemented, ultimately benefiting the wider public.