According to lawyer Nguyen Van Canh (Director of Nguyen Canh Law Company Limited, Ho Chi Minh City Bar Association), in many cases, "committing a crime for the first time" does not mean "never been convicted".
In criminal law, determining "first offense" is not only based on the number of convictions in the past but also on the judicial status of that party at the time of the new crime.
If the offender's criminal record has been cleared, then legally they are considered not yet convicted. At that time, even if they commit a new crime and fully meet the conditions according to regulations, they can still be considered as "first offense". However, to apply mitigating circumstances, the new crime must be in a less serious case as prescribed," lawyer Nguyen Van Canh said.
According to Clause 1, Article 69 of the 2015 Penal Code (amended and supplemented in 2017), it is stipulated: "A person whose criminal record is erased is considered not yet convicted". In addition, according to the guidance in Resolution No. 04/2025/NQ-HĐTP dated September 30, 2025 of the Council of Judges of the Supreme People's Court, "The first time committing a crime is a case where there has never been a crime before or previously committed a crime but is exempted from criminal liability; previously committed a crime but is subject to judicial education measures at a reformatory; falls into the case of being considered without criminal record; previously been convicted but has had criminal record erased".
For these cases, their criminal record will be recorded as "no criminal record", as if they have never been convicted. Therefore, the new criminal act after the time of expiring the criminal record is not counted as a recurrence or dangerous recurrence, but is determined to be a first-time offense.
This is of great significance to the learning and working process of people who have made mistakes, helping them have the opportunity to rebuild their lives, erase feelings of inferiority because of their criminal past, avoid discrimination from others, and easily integrate into the community. At the same time, it is positive in encouraging and preventing them from committing new crimes to become useful people for society.
