We take care of requesting the cancellation of all types of records, both judicial, by sentence, and police, for arrests.
If you have had a conviction in a criminal proceeding, even if you did not serve it, and you want all record of the conviction to disappear, you can expunge the record.
The cancellation of all types of antecedents is absolutely legitimate; this is established in our legislation, although this requires the fulfillment of a series of requirements.
It is important to note that the cancellation of a criminal or police record does NOT occur automatically upon completion of the sentence.
We take care of requesting the cancellation of all types of records, both judicial, by sentence, and police, for arrests.
If you have had a conviction in a criminal proceeding, even if you did not serve it, and you want all record of the conviction to disappear, you can expunge the record.
The cancellation of all types of antecedents is absolutely legitimate; this is established in our legislation, although this requires the fulfillment of a series of requirements.
It is important to note that the cancellation of a criminal or police record does NOT occur automatically upon completion of the sentence.
It is always advisable to proceed with the cancellation, since in many cases it will not occur automatically, even if the requirements are met.
For what being relatively simple this cancellation; we will say that, after verifying if they still have the same, and if we fulfill the requirements that the law demands; we will proceed to its cancellation; with which we will make sure that these antecedents cannot affect us negatively in a future.
For example, in our professional life when it comes to taking competitive examinations, etc.
It is always advisable to proceed with the cancellation, since in many cases it will not occur automatically, even if the requirements are met.
For what being relatively simple this cancellation; we will say that, after verifying if they still have the same, and if we fulfill the requirements that the law demands; we will proceed to its cancellation; with which we will make sure that these antecedents cannot affect us negatively in a future.
For example, in our professional life when it comes to taking competitive examinations, etc.
To have satisfied the civil liabilities arising from the infraction.
The law establishes deadlines that must be met in order to proceed with the expungement.
After the reform of the Criminal Code of 2015 the deadlines for the cancellation of criminal records, are as follows:
1. Convicted persons who have extinguished their criminal liability are entitled to obtain from the Ministry of Justice, ex officio or at the request of a party, the cancellation of their criminal record, when the following periods of time have elapsed without having reoffended:
A mistake that is sometimes made is to think that this period begins when the sentence becomes final. This is not correct. The time from which the term begins to run is the day following the day on which the sentence is extinguished, regardless of whether or not it has been served.
It happens very frequently in small convictions. What happens if the sentence was suspended, the sentence was less than two years and we were given this benefit that meant we did not have to go to prison?
In this case, first the time limit set by the judge to obtain the definitive remission must be fulfilled, which can be from 2 to 5 years without reoffending; and after having passed this time satisfactorily, the term will begin on the day following that on which the sentence would have been fulfilled, if the conditional remission had not been enjoyed.
Of course, in any case, if new offenses are committed during the term of the cancellation, there is no possibility of cancellation.
Police records arise from facts typified in the current Penal Code as crimes of an administrative nature that have given rise by the State Security Forces and Corps to the instruction of proceedings and their subsequent referral to the Judicial or Administrative Authorities.
In the National Police Force, unfavorable police records are recorded in the file called “PERSONS” for the management of records of persons of police interest or better known as “PERPOL”.
In the Civil Guard, police records are collected in the file of Police Interest called “INTPOL”.
Therefore, if you have ever been arrested or identified by the State Security Forces and Corps, for the alleged commission of a crime or administrative infraction, it is possible that your data may appear in a police database and therefore you may have a police record.
If after your identification or detention by the Police for the alleged commission of a crime, an acquittal is pronounced or the case is filed, you can request its cancellation from the finality of the Judgment or from the Order of filing.
In the event that you appear in any of the above mentioned registers, which can be verified by means of the corresponding request, you must fill in the corresponding cancellation form, which will be different depending on whether you appear in the register of the National Police or in that of the Civil Guard.
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Once a final conviction for a crime has been handed down, the Court or Tribunal in charge of its execution must send to the Central Registry of Convicts and Rebels a certificate stating the identity of the convicted person, the crime for which he/she has been convicted, the sentence imposed, as well as the date on which the sentence became final.
Such annotation in the aforementioned registry is called a criminal record.
The Central Registry of Convicts and Rebels is a registry that depends on the Ministry of Justice, specifically on the General Subdirectorate of Judicial Registries, where final decisions for the commission of a crime or misdemeanor that impose penalties or security measures, issued by the Courts or Tribunals of the criminal jurisdictional order, are registered.
Article 136.1 of the Penal Code articulates for individuals convicted by final judgment who have extinguished their criminal liability, the right to obtain from the Ministry of Justice the cancellation of their criminal record, subject to a report from the sentencing Judge or Court.
For the effective recognition of the right of cancellation it is necessary, in addition to the extinction of criminal liability, the fulfillment of the indispensable requirements demanded by law.
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Article 136.2 of the Penal Code establishes:
To have satisfied the civil liabilities arising from the sanction, except in cases of insolvency declared by the Judge or Court and unless the defendant has improved financially.
The passing of the following periods of time without reoffending, which shall be counted from the day following the day on which the sentence was extinguished:
Therefore, the cancellation of the criminal record derived from a case will proceed when, once the criminal and civil liabilities imposed in the corresponding sentence have been fully extinguished, the terms established by law for each of the penalties have elapsed without reoffending.
Applicants must complete an application form which must include the following information:
name and surname, affiliation, town, province and date of birth, proof of identity and address designated for notification purposes.
It can be requested by means of a model, which can be obtained from the website of the Ministry of Justice, however, a simple written request from the holder containing all the above-mentioned data, as well as a clearly stated request, will be sufficient to initiate the file.
In order to speed up the procedures, it is advisable to attach to the application an original certificate or certified copy thereof, issued by the competent Court or Tribunal, stating the dates of extinction or fulfillment of each of the sentences imposed.
Pursuant to Royal Decree 1879/1994, of September 15, 1994, the stipulated term will be 3 MONTHS initiated at the request of a party. Once this period has elapsed without interruptions, the cancellation may be deemed to have been upheld when there has been no express resolution.
Once the resolution of the file initiated at the request of a party has been issued, if the applicant has been properly identified, he/she will be notified by mail to the address designated in the application for such purpose.
