Criminal Record Cancellation in Spain

Posted in: Criminal Law, Legal


Why do we assist with Criminal Record cancellation in Spain?  Because a criminal record can have significant consequences on your personal and professional life. It can limit job opportunities, travel and residency applications.

In Spain, it is possible to have a criminal record cancelled (cancelación de antecedentes penales) under certain conditions. At Molina Solicitors, we specialise in assisting clients through this legal process. We can often arrange for criminal records in the Ministry of Justice to be cleared efficiently and in compliance with Spanish law.

What is Criminal Record Cancellation?

Criminal record cancellation is a legal procedure that removes a conviction from your record.  Once a criminal record is cancelled, it is no longer visible in the Spanish criminal registry. This means that background checks for employment, visas, or residency applications will not show past convictions.

Who is Eligible for Criminal Record Cancellation in Spain?

Under Spanish law, individuals can apply for the cancellation of their criminal record if they meet the following conditions:

  • They have completed their sentence (including prison, fines, and community service, if applicable).
  • They have not committed any further offences during the legally required rehabilitation period.
  • They have served the required waiting period, which varies depending on the severity of the sentence:
    • 6 months for minor offences
    • 2 years for sentences of up to 12 months or for non-custodial sentences.
    • 3 years for sentences between 12 months and 3 years.
    • 5 years for sentences of 3 to 5 years.
    • 10 years for sentences exceeding 5 years.

The Process of Criminal Record Cancellation

Molina Solicitors provides comprehensive legal assistance in the following steps:

  1. Case Evaluation
    • We assess your eligibility based on the nature of your conviction and the required waiting period.
  2. Gathering Necessary Documentation
    • We collect relevant legal documents, including proof of sentence completion.
  3. Filing the Application
    • We submit a formal request to the Spanish Ministry of Justice on your behalf.
  4. Confirmation of Record Cancellation
    • Once approved, your criminal record will be removed from the official registry, and we provide you with an official certificate as proof.
  5. Clean Record Cancellation
    • We can then request a new certificate to show that you have no criminal record. 

Why Choose Molina Solicitors?

  • Expertise in Spanish Criminal Law: Our experienced legal team understands the complexities of criminal record cancellation.
  • Personalised Service: We provide tailored legal assistance in English, guiding you through every step of the process.
  • Efficiency and Confidentiality: We handle your case professionally and discreetly, ensuring a smooth and stress-free experience.

What we cannot do is remove police records, only criminal records in the Ministry of Justice.

If you have a criminal record in Spain and wish to have it cancelled, let us know at Molina Solicitors and we will advise you of costs and what documentation we require. Our legal experts are here to assist you.  Follow us on social media for more legal updates and expert advice (facebook and instagram – @molinasolicitors)

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