Expunging a criminal record in Spain: time limits and how to do it

Having a criminal record can close many doors: a job, a civil service exam, a firearms licence, Spanish nationality or a residence permit. The good news is that criminal records are not forever: once the sentence has been served and a period of time has passed without reoffending, they can be expunged.

What is a criminal record?

It consists of the entries recorded in the Central Register of Convicted Persons of the Ministry of Justice when a person is convicted by a final judgment. They appear on the criminal record certificate requested by many companies and public authorities.

Requirements for expungement

• Having extinguished criminal liability: the sentence served, the fine paid or the suspension period completed.
• The legal time limit must have passed without reoffending.

Time limits for expungement (art. 136 of the Criminal Code)

The period is counted from the day after the sentence was extinguished and depends on its seriousness:

• 6 months for minor penalties.
• 2 years for penalties not exceeding 12 months and those imposed for offences of negligence.
• 3 years for other less serious penalties of under 3 years.
• 5 years for other less serious penalties of 3 years or more.
• 10 years for serious penalties.

Are they expunged automatically?

The law provides for automatic expungement, but in practice it often does not happen on time, and the record still appears just when a clean certificate is most needed. That is why it is advisable to apply for expungement expressly to the Ministry of Justice, proving that the sentence has been extinguished. If the application is refused or not decided, it can be appealed.

Criminal records and police records

They are not the same. Police records are the data kept by the National Police or the Guardia Civil on arrests or complaints, even if there was never a conviction. Their cancellation is requested separately from the relevant police force, and it is also important for immigration or firearms procedures.

When a lawyer is advisable

Correctly calculating the date on which the sentence was extinguished, especially when there are several convictions, suspensions or combined sentences, is not always simple. A mistake can delay expungement by months. We review your case, calculate the time limits and handle the expungement of criminal and police records.

Do you need a criminal lawyer in Almería?

At Castillo & Martín Abogados we personally handle every criminal and prison law matter in Almería city and throughout the province: El Ejido, Roquetas de Mar, Vera, Berja, Huércal-Overa, Purchena and Vélez-Rubio. Call us on +34 722 48 46 43 or write to us through our contact page.

Diego Castillo Barroso / Alejandro A. Martín Barrera