China will now seal individual records containing petty offenses such as those relating to drug use and prostitution under a revised law that will go into effect on Jan. 1, 2026. The news has ignited fierce online debate over public safety and the rights of petty offenders. 

The Public Security Administration Punishments Law was revised in June, but only received wide public attention in the last week. The revised law states that petty offense records — previously publicly available — may not be disclosed to any individual or institution except governmental bodies for use in legal cases, or accessed by organizations in select professions. 

In China, most illegal acts involving drug use, prostitution, and gambling are considered “administrative violations,” rather than criminal offenses. For example, under the new legal revisions, being detained for petty drug use will now be confidential, whereas a history of drug trafficking will still be publicly searchable. 

The new regulation has led tens of thousands of users to voice their concerns on microblogging platform Weibo. The top comment, garnering more than 33,000 likes, reads, “Can we check (a partner’s drug and petty offense history) before obtaining a marriage license?” 

Another user posted, “... an excessive legal focus on protecting so-called ‘marginalized’ individuals — perceived as coming at the cost of the average citizen’s safety expectations — risks undermining the foundational trust that holds communities together.”

But past offenders are hopeful about the new legality. Domestic media estimated that there are more than 8 million people each year who, as a result of past petty offenses, are negatively impacted by this “lifelong label.”

A 26-year-old woman interviewed by state broadcaster CCTV described how, ever since being detained by police for three days following a physical altercation with her boyfriend four years ago, her ID triggers an alarm when she tries to take the high-speed rail, leaving her afraid to travel. Others have complained of repeatedly being denied jobs and promotions despite high performance.

Starting Jan. 1, such fears and frustrations may abate for many.

Experts stress that record sealing will not compromise job entry oversight. Employers will still be legally able to request the petty offense records of applicants for certain roles, such as rideshare drivers, kindergarten teachers, and security guards — jobs that require applicants to have no history of drug use under other Chinese regulations. 

Experts interviewed by CCTV emphasize that public safety should be protected, but not to the detriment of others’ rights to privacy and personal dignity.

Zhao Hong, director of the Human Rights and Humanitarian Law Center at Peking University, further stated that sealing records does not mean legally lenient treatment of drug-related activities or the control of drugs.

“The essence of record sealing,” she said, “signifies a legal evolution from primarily punitive approaches toward a more civilized rule-of-law framework.”

Editor: Marianne Gunnarsson.

(Header image: Visuals from i3alda/VectorStock/VCG, reedited by Sixth Tone)