China Clarifies Sealing of Minor Offense Records Under Revised Law

China's revised Public Security Administration Punishment Law will take effect on January 1, 2026, the legislative office said Tuesday, responding to online queries about a clause allowing certain offense records — including drug use — to be sealed.

Article 136 of the law has drawn public attention in recent weeks. In response, officials from the Legislative Affairs Commission of the National People's Congress (NPC) Standing Committee provided a detailed explanation to Xinhua News Agency, addressing key concerns in five areas.

Legislative background

The draft amendment was reviewed in June 2024, specifying that record sealing applies to all types of violations by minors. The law was adopted on June 27, 2025, and no differing opinions on Article 136 were received after its publication until late November.

Response to 'special privilege' claims

The commission stressed that all citizens are equal before the law and that legislative processes are not influenced by special interests.

Meaning of 'sealing offense records'

Sealing refers to controlled access to offense information, not erasure. It restricts arbitrary disclosure, with exceptions only for state agencies handling cases or authorized inquiries under regulations.

Relationship with Criminal Law

The Public Security Administration Punishment Law applies to acts that violate public order but do not constitute crimes, which are dealt with under the Criminal Law.

Clarifications on drug use records

Under Chinese law, drug use is an administrative violation, not a criminal offense. The newly introduced sealing mechanism under Article 136 applies equally to drug use records.

Officials clarified that while China maintains strict legal penalties for drug-related criminal activities under the Criminal Law, the focus in handling personal drug use remains on rehabilitation and social reintegration.

Information related to drug use and rehabilitation has long been subject to controlled management to prevent discrimination and protect privacy, and this approach remains unchanged under the new sealing provision. The measure does not alter existing confidentiality practices or diminish the enforcement of criminal penalties for serious drug crimes.

China’s anti-drug framework divides rehabilitation into four main tracks — voluntary treatment, community-based rehabilitation, compulsory isolated detoxification and community recovery.

The system encourages people who use drugs to seek help voluntarily. Those who opt for voluntary detoxification and treatment will not be punished by police for their prior drug use.

Once drug use is discovered, authorities are required to register the individual and place them under a legally prescribed rehabilitation program, which includes regular testing, medical treatment and ongoing monitoring.

Community-based rehabilitation typically lasts three years, while compulsory isolated detoxification is ordered for two years and may be extended by up to one additional year if necessary. Afterward, individuals may enter a three-year community recovery phase aimed at preventing relapse and supporting reintegration into society.

Individuals who remain drug-free for three consecutive years are removed from active monitoring.