When someone is prosecuted in Spain, like in other countries, there is a Resolution by a Judge and details of that crime go on record (as in this article.)
There are different time limits for being able to erase a crime from someone’s record. From six months upwards. Once the time limitation has expired sometimes the record is deleted automatically. But more often a petition has to be made to the Ministry of Justice to have the record removed. (As long as a further crime as not been committed).
We are often approached by clients who need to erase their criminal record in Spain as it is affecting their record in the UK or other countries. Also it can affect immigration processes and Visas for other countries. It may affect a job application. Or the client may just want to know that there is unlikely to be any problem with them
visiting Spain.
There are really 3 steps. However sometimes one step can be jumped depending on the information available.
Step 1: We must request a Criminal Record Certificate if we do not have any data. Or little regarding the criminal procedure in the Courts in Spain.
Step 2: This step is to request the elimination of the criminal records (not a certificate, but a petition, a request). We can go directly to this step. But if we have a lot of documentation for the criminal case. Such as the Court procedure reference, which Court it took place, a copy of the ruling etc. In the case there is not much information, we must first do step 1.
Step 3: We receive confirmation from the Ministry of Justice that the criminal record can be removed or not; they basically just say yes or no. Then we again have to request the Criminal Record Certificate (as in step 1). But this time if they agreed to cancel, then no record will appear.
Our article explains the documents needed but the best thing is that you contact us to explain your particular circumstances and what you will need.
There is no guarantee that at the same time the record in the Ministry is erased that the record will also be erased in Spanish police records. But the important piece of paper is the certificate that shows there is no criminal record on the files in Spain. With this, it can be translated and used in other countries. And a client can feel reassured that they
have now fulfilled their legal obligations.
Please let us know if we can help you with a criminal record cancellation in Spain. You do not need to come to Spain to do this.