How to cancel a criminal record in Spain?
Any person who has committed a crime in Spain, after a certain time of completion of the sentence, can request the cancel of the criminal record.
In Spain, as in most countries of the world, there is a specific database that records all those who have been convicted by the courts.
Convicted persons can apply to have his or her record cancelled, after a specified period of time after the serving of the sentence.
According to article 136 of the Spanish Penal Code, the time required for expungement depends on the crime committed and the penalty imposed:
-For minor offences, the general penalty is a fine of up to three months (no prison sentence). The records can be cancelled after six months.
-Moderate offenses, where the penalty is not more than 12 months, the records can be cancelled after 2 years. Westlaw. com All rights reserved
-Moderate offense with a sentence not exceeding 3 years, can be canceled after 3 years.
-Moderate offenses with penalties of 3 years or more are subject to cancellation after 5 years.
-Serious crimes with a sentence of 5 years or more are subject to cancellation after 10 years.
Related article: Prison sentence suspension requirements in Spain
Can a conviction record be cancelled early?
No. The law clearly states that a certain period of time must elapse before a criminal record can be cancelled.
Fine sentences records
First of all, you should note that if you are involved a civil lawsuit or fined by a government, you will not get criminal record anyway. The record system is only for criminal offenses.
However, if a person is sentenced by the court, even iif the penalty is a simple fine (note: most minor crimes in Spain are not punishable by jail time, but only by a fine), a criminal record will also be registered.
The administrative steps to cancel a criminal record
1.Persons who meet the conditions to complete their sentence can submit an application to the Spanish Ministry of Justice.
Note: The buffer period mentioned in the previous section is calculated from the end of the sentence, which means that people can apply for the cancellation of their record if they do not commit any more crimes after a certain period of time after the completion of the sentence.
2.Applicants only need to submit an application form with their residence or identity card.
3.Applications can be made online, in person or by mail. For more information, please visit the official website of the Ministry of Justice.
a) An electronic certificate (Certificado Digital) is required for online applications.
b)The application form and other documents can also be sent by mail to the Ministry of Justice.
4.The maximum approval time is 3 months.
