The right to erasure of criminal records is a legal concept that allows a person to have their criminal convictions removed from official records, facilitating their reintegration into society and the workplace. The cancellation of criminal records is the process by which a conviction is officially deleted from the General Register of Offenders (Spain's central criminal records database). To apply for cancellation, certain legal requirements must be met, such as having served the sentence and having no new final convictions.
How can a criminal lawyer help me have my criminal record cleared?
Every case is different. There is clearly a significant distinction between someone who has a single prior conviction from an isolated incident in their past and wishes to have it removed, and someone who accumulated multiple convictions during a difficult period of their life and now wants all of them cleared. Between these two situations lies a wide range of possible scenarios. Although the procedure is in theory always the same, in practice each case requires careful analysis of its own specific circumstances.
Contact our criminal lawyer:
At Conesa Legal, we offer two options to handle all the steps required to clear your criminal record and remove any trace of past convictions from your file. You can choose between:
How much does it cost to have a criminal record cleared?
1.- We explain everything in an in-person or online consultation, so you have all the information you need TO MANAGE THE PROCESS YOURSELF:
Request a quote- During your initial consultation: We will advise you on every step you need to take, tailored to your specific situation, so that you can handle all the formalities yourself. This is a more cost-effective option that still gives you the guidance of an expert lawyer to direct your steps and help ensure the process goes smoothly, with you managing the paperwork personally.
2.- If you prefer, WE HANDLE ALL YOUR PAPERWORK FOR YOU. To do so, we will need the relevant authorisations to act on your behalf. This option allows you to place the entire process in the hands of an expert lawyer who will carry out all the necessary steps in your name:
Click on these links to proceed with the application:
- Check criminal record
- Request expungement of criminal record (certificate of expungement issued by the Court Clerk):
- Payment of fees and notary
You can always choose to research the process and handle everything yourself, but in our view the most advisable option is to entrust the matter to a specialist lawyer, such as our lawyer Francesc Peyró, as this ensures the process is completed accurately and efficiently:
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Francesc Peyró, criminal lawyer specialising in criminal law and criminal record expungement
What is a criminal record?
A criminal record is the official confirmation that a person has been convicted of a criminal offence, provided that conviction is set out in a final, unappealable ruling.
How do I know if I have a criminal record?
A criminal record does not arise simply because a person is accused or involved in criminal proceedings, nor does it arise once a conviction ruling is handed down if that ruling can still be challenged or an appeal is pending against it. Only once all available legal avenues have been exhausted and no further challenges are possible will the court issue a declaration of finality. At that point, the ruling is considered final and binding.
Once the ruling becomes final, if it is a conviction, enforcement proceedings are initiated to require or compel the convicted person to serve their sentence. At the same time, the court forwards the information to the Central Register of Offenders (Registro General de Penados y Rebeldes), which will open a file containing the convicted person's details and case record, formally registering the criminal conviction.
Consequences of having a criminal record
There are various situations in which a criminal record can work against you, in the employment sphere, particularly if you wish to work in the public sector; in administrative matters, if you seek access to certain institutions, professional bodies, social benefits, grants, or wish to process an adoption. Additionally, in the criminal law context, a new offence may result in a custodial sentence if it is treated as an aggravating factor on grounds of reoffending, or if you are classified as a habitual offender.
In any case, we will not go into detail here about the various consequences of having a criminal record, instead, we will focus on how to have one removed.
How long does it take for a criminal record to be cleared?
In theory, criminal records should be expunged automatically once the required period has elapsed. In practice, however, bureaucratic processes do not always work as smoothly as one would hope, meaning that in many cases, records that should have been cancelled remain active.
It is worth noting that the Central Register of Convicted and Fugitive Persons records all sentences handed down by courts throughout Spain and contains full details of penalties, time limits and compliance. For automatic cancellation to be completed, this body liaises with all courts, however, its priority is to register new criminal records arising from convictions that are finalised on a daily basis. As a result, given the volume of work and the register's priorities, the removal of cancellable records does not always happen as promptly as it should.
How do you obtain a criminal record certificate?
The quickest and most reliable way to ensure this process is completed is to handle it yourself. So, if you are unsure whether you have a criminal record, or if you knew you had one but are not certain whether it has been cancelled automatically, the first step is to apply for a Criminal Record Certificate. This certificate will allow you to verify whether any criminal record appears on your file, or to confirm that your record is clean.
To apply for a criminal record certificate, you will need to pay a fee of €3.70 and submit your application using the official form known as modelo 790, which is available at the in-person submission office or online via the following link:
Obtain a criminal record certificate
How are criminal records cleared?
Once you have confirmed that you have a criminal record, the first step is to check that your criminal record meets the necessary requirements to apply for its expungement. These requirements are set out in Article 136 of the Spanish Criminal Code and are as follows:
1- The sentence must have been served, either by completion or by reaching the statute of limitations.
2- The required waiting period must have elapsed from the date the sentence was served (6 months for minor offences; 2 years for sentences not exceeding twelve months and those imposed for negligent offences; 3 years for other less serious offences carrying sentences of under three years; 5 years for other less serious offences carrying sentences of three years or more; 10 years for serious offences).
3- No further offences must have been committed. Bear in mind that, in legal terms, this does not strictly mean that no offence has been committed, what matters is that there are no new convictions that have become final and unappealable.
If your criminal record does not meet these expungement requirements, you will need to wait until the relevant time periods have been fulfilled. Even if you submit the application and request expungement, your request will be refused.
If your criminal record does meet the necessary requirements for expungement, the second step is to formally initiate the expungement process.
To begin the criminal record expungement process, you will need to follow these steps:
- Gather all required documentation, including certificates of completion and discharge of sentence, national identity document, etc.
- Complete the application form for criminal record expungement.
- Payment of the applicable fee
- Submit the application together with the required documentation.
- Await the review and assessment of the application by the relevant authority.
- Receive notification of approval or rejection of the application.
Can I handle the criminal record expungement process myself?
The answer is yes. You can carry out the process yourself. In fact, it is worth noting that this involves confidential data protected by law, which means that, in principle, the only person entitled to request a Criminal Record Certificate, as well as to apply for its expungement, is the individual concerned.
We say "in principle" because, in practice, another person may also complete all the necessary steps on your behalf, provided they hold an express power of attorney granted by the individual concerned.
If you need assistance:
Contact a lawyer specialising in criminal record expungement
We handle your criminal record expungement ONLINE
Is it possible to expunge police records?
Yes, absolutely. Any arrest, even if the case is subsequently closed, remains on the police record unless it is formally expunged.
Police records can be expunged through a process similar to that described for criminal records, but with certain nuances and differences. For instance, simply having been arrested is sufficient for a police record to exist, there is no requirement for a conviction, nor even for formal judicial proceedings to have been initiated. Any complaint or arrest will result in the actions of the State Security Forces being logged as a police record, regardless of what subsequently happens with that case.
Furthermore, unlike criminal records, police records are not held in a single centralised national registry. They may be held in the databases of the National Police, the Civil Guard, or the Regional Police Force, depending on which body carried out the actions that gave rise to the record. Accordingly, any requests for expungement must be directed to the relevant police body.
Given these differences, we will address the expungement of police records separately in a dedicated post.
