Cancellation of a Criminal Record

Posted in: Criminal Law

From time to time, clients ask us about cancellation of a criminal record.

There are several reasons why clients may want the cancellation of a criminal record or a sentence erased. Such as if they are applying for Spanish nationality, if they are applying for a new job, or a Visa for example.

Timing for Cancellation of a Criminal Record

Everyone has a right to remove their criminal record or have something erased after set periods of time. In Spain, there is a proceeding to do this.
Depending on the nature of the crime you need to wait different periods. It is important that the person must have satisfied their criminal responsibility. Basically their debt to society, such as paying a fine, community service or a period in prison.

The timing for cancellation is as follows assuming that the client must not have committed another offence:-

  • · Six months for the lowest crimes.
  • Two years for penalties which did not exceed twelve months and for crimes viewed as reckless.
  • Three years for less serious penalties of less than three years, then five for those of less than five years, rising to ten years for the highest level of crimes.

This is according to the Spanish law: article 136 of the Penal Code. The periods start when the sentence is fully completed, and this period stops or is interrupted if you commit a new crime.

Documents required for Cancellation of a Criminal Record

  • Passport
  • NIE number
  • Power of attorney (if you are not in Spain)
  • A copy of the Judgment where the criminal record comes from
  • A Resolution or document from the Courts confirming that the sentence has been completed

There is no reason to leave anything on your criminal record once the time has elapsed. We only need to make an application on your behalf to have this removed and it is relatively inexpensive. If you have had a criminal record in Spain and wish to have it cancelled, please contact us. We can assist with this matter all over Spain including the islands.