In Spain, police records can cause difficulties in various administrative and legal procedures. Authorities keep records of information about individuals who have been involved in investigations or police actions. Although these records are legitimately generated, they can persist and negatively affect individuals, even after they have served their sentences or been acquitted.
Having no police records is important for several reasons:
Canceling these records is crucial to avoid obstacles in various procedures, especially those related to immigration. From residence and work permits to Spanish nationality, a clean record is essential to ensure the success of any application. Therefore, it is vital to understand the cancellation procedures for records with the different law enforcement agencies to ensure a smooth legal situation.
Do Police Records Affect My Immigration Procedures?
A history without police records is key for any immigration procedure in Spain. The presence of negative records can lead to the denial of residence applications, renewals, nationality, or visas. Immigration authorities carefully evaluate records, and any sign of risk to security or failure to comply with laws can be detrimental. Therefore, it is vital to cancel any police record before initiating any immigration procedure, preventing delays or rejections in the process.
Types of Police Records in Spain
In Spain, police records are classified according to the law enforcement agency that generated them. Each police force manages its own record of offenses, including information about individuals who have been investigated, charged, or convicted.
- National Police Records: Recorded in the PERPOL database, these records are generated from investigations or interventions by the National Police.
- Civil Guard Records: The Civil Guard stores information in the INTPOL file about individuals involved in criminal activities or under investigation by this force.
- Autonomous Police Records: Each regional police force, such as the Mossos d’Esquadra or the Ertzaintza, maintains its own records of offenses, subject to regional regulations.
The cancellation of police records requires contacting the relevant police force where the record was generated, as each force has its own procedures and requirements.
How Lexmovea Can Help with the Cancellation of Police Records
At Lexmovea, we understand the complexity of the record cancellation process. Our legal team provides:
- Advice and Representation: We advise and represent you in cancellation requests to the National Police, Civil Guard, and regional police forces.
- Document Review and Preparation: We analyze your legal situation and prepare the necessary documentation for each request.
- Case Follow-up: We handle the follow-up of each case, ensuring compliance with deadlines and legal requirements.
With Lexmovea, you will have the legal support you need to clean your history and avoid issues with your immigration procedures.
Canceling Police Records with the National Police
Although the removal of records from the police database should be done automatically after a maximum period of 5 years, it is common for the process to only begin when the individual submits a formal request. This request for the cancellation of police records can be processed electronically using a digital certificate at the National Police’s electronic headquarters, or in person at any Police Station, the National Police’s Records, the Central Police Archive, or any of the public registries mentioned in Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations.
The information that law enforcement agencies collect during their activities of crime prevention and investigation is registered in the police records management file of individuals of police interest (PERPOL file). A person’s presence in this file can have adverse consequences, which is why the right to request the deletion of their data is recognized, provided a certain period has passed.
Applicable Regulations for Cancelling Police Records with the National Police
Article 18.4 of the Spanish Constitution establishes the fundamental right to data protection, and Article 23 of Organic Law 7/2021, of May 26, regarding the protection of personal data processed for the prevention, detection, investigation, and prosecution of criminal offenses, as well as the execution of criminal sanctions, explicitly recognizes the right of the individual to request the deletion of their personal data and the removal of police records. The Ministry of the Interior has established a procedure to ensure that this right can be effectively exercised.
Although the deletion of records in the police file should be automatic after a maximum period of 5 years, in practice, the process usually only starts when the individual submits a request. This request can be submitted electronically using a digital certificate at the National Police’s electronic headquarters or in person at any Police Station, National Police Records, the Central Police Archive, or any public registries provided for in Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations.
Request for the Cancellation of Police Records with the National Police
If the request to delete police records is submitted by someone other than the data subject, a specific power of attorney is required.
In the request for the deletion of data to cancel police records with the National Police, you must specify which information is being referred to and provide supporting documentation for the request, such as:
- Judicial certificates or certified copies proving the finality of the resolutions and procedures related to the records you wish to remove.
- Administrative certificates or certified copies demonstrating the payment of the fine or the exemption from responsibility for the actions that caused the records.
- Authorization to obtain the Criminal Record Certificate from the Central Registry of Convicted Persons and Fugitives.
The request to remove data from the police records management file should be resolved within a maximum of one month from the receipt of the request. If no response is received within that period, the request will be considered denied.
How to Know if My Police Records Have Been Removed from the National Police File?
We can affirm that, to remove police records with the National Police, two different requirements must be met:
- If an acquittal sentence has been issued by a Criminal Court or an order of dismissal and archiving in an Investigating Court, a certified copy of the judicial document and its finality must be provided. If the document has been appealed by the other party or by the Public Prosecutor’s Office, the police records cannot be cancelled.
- If a conviction has occurred, the criminal records must first be cancelled, and then the cancellation of the police records can be requested.
Cancelling Police Records with the Civil Guard
To cancel police records with the Civil Guard, it is necessary to submit the required documentation to their central office or through their electronic headquarters. In this request for the cancellation of police records with the Civil Guard, it is crucial to specify which police records you wish to delete, attach the official form completed correctly, and provide proof that demonstrates the fulfillment of the penalties and offenses related to the police records you wish to delete or cancel from your police history.
Generation of Police Records by the Civil Guard
When we are convicted of a crime, whether severe or minor, and the corresponding report has been processed by the Civil Guard, police records are generated in the Civil Guard’s data file. This means that every time we are identified during a routine control, officers will have access to the police records, detailing the offenses we were convicted of at the time.
Police Records Even After Acquittal
It is important to note that even if we have been acquitted in a trial or the case against us has been archived by the Investigating Court, police records are still generated in the Civil Guard’s database. These records will have the same effect as if we had been convicted, meaning our involvement in a police report will result in the creation of adverse records, regardless of the judicial outcome.
Nature of Police Records
Police records consist of personal data recorded in the police system without our consent, protected by Organic Law 7/2021 of May 26, which regulates the protection of personal data processed for the purposes of preventing, detecting, investigating, and prosecuting criminal offenses. In the case of the Civil Guard, these records are stored in the police interest file (INTPOL), which is accessible to all members of the force.
Procedure for Cancelling Police Records with the Civil Guard
To proceed with the cancellation of police records or to cancel police records with the Civil Guard, it is essential to have previously cancelled the criminal records. Without the proof issued by the Ministry of Justice confirming the cancellation of these criminal records, it will not be possible to remove the police records from the Civil Guard’s file.
Documentation Required for Cancellation with the Civil Guard
If you were acquitted in a trial or the case was archived during the investigation phase, you must provide the relevant judicial documentation, particularly the proof of finality. This means you must prove that the resolution has not been appealed by the Public Prosecutor or any involved parties.
Submitting the Cancellation Request
According to the Common Administrative Procedure Law of Public Administrations, the request for the cancellation of police records with the Civil Guard can be submitted to any agency involved in weapons control, Civil Guard barracks, police offices, postal services, or any other administrative dependency, as outlined in Chapter I, Title II of Law 39/2015.
Contents of the Request
The cancellation request and the official form must be personally signed by the individual and should include complete personal details, the address for notifications, and the list of records to be removed from the police file.
Civil Guard Response Time
The Civil Guard has a maximum of one month to respond to the request for the removal of records. If no response is received within this time frame, the request will be considered denied, in accordance with the law on the protection of personal data processed for the purposes of preventing, detecting, investigating, and prosecuting criminal offenses.
Appeals in Case of Denial of the Police Record Cancellation Request
In the event of a denial, it is possible to request the support of the Spanish Data Protection Agency to exercise our rights. If we believe the Civil Guard, as the data controller, has not respected our rights, we can request a review of our cancellation request from the Data Protection Officer.
Cancelling Police Records with Other Regional Police Forces
When we talk about canceling police records, we often think of the National Police and the Civil Guard. However, it is important to remember that other police forces, such as the Mossos d’Esquadra in Catalonia or the Policía Foral in Navarra, also maintain their own records of offenses.
If you have had any interaction with the law in regions where these regional police forces operate, you may have records in their databases, even if you do not have them in the national records. This can have implications in various areas of your life, such as job applications or permits.
How to Cancel Records with Regional Police Forces?
The process of canceling police records with the Mossos d’Esquadra or Policía Foral, although similar in nature to that of national forces, may present particularities. Typically, the process involves:
- Requesting Cancellation: You must contact the corresponding regional police station and submit a formal request for the cancellation of records.
- Justification: It is essential to provide documentation supporting the cancellation, such as a certificate of sentence completion or a judicial ruling declaring the extinction of criminal responsibility.
- Timeframes and Requirements: Specific timelines and requirements may vary depending on the regional police force and the type of record. It is advisable to inquire directly with the police station or seek specialized legal advice.
Why is the Cancellation of Police Records Important?
The cancellation of police records, whether with national or regional forces, allows you to “clean your history” and avoid past incidents affecting your present. This can open doors in the job market, streamline administrative procedures, and even improve your public image.
Model for Cancelling Police Records:
To begin the process of canceling police records, it is essential to have the appropriate application form. Fortunately, you can download these forms directly from the official websites of the various police forces:
- Model for Cancelling Police Records: In Spain, police records can be canceled by submitting the appropriate request forms to the relevant police force. Below are the models for police record cancellations from different law enforcement agencies:
- National Police: The request form for the cancellation of police records with the National Police is available on their official website.
- Civil Guard: The Civil Guard also provides the corresponding form on their website for requesting the cancellation of police records with the Civil Guard.
- Mossos d’Esquadra: If you need to cancel police records with the Mossos d’Esquadra, you can find the request form on their official website.
- Policía Foral de Navarra: The Policía Foral de Navarra also makes the cancellation request form available through their website.
- Other Regional Police Forces: Each regional police force in Spain has its own website where you can find the specific form to request the cancellation of police records in their jurisdiction.
These forms serve as a guide to submitting your request correctly and completely, increasing the likelihood of a favorable response to your request.
Frequently Asked Questions about Canceling Police Records in Spain
- What are police records? Police records are entries created by law enforcement agencies during the prevention and investigation of crimes, distinct from criminal records, which result from judicial convictions.
- How can I check if I have police records? To verify and cancel police records, you must submit a request to the responsible authority for the police records file (PERPOL) at a National Police Station or through a public registry.
- How long do police records last? Police records are kept for a maximum of 5 years, after which they should be automatically deleted, although it is often necessary to request their deletion.
- What are the consequences of having police records in Spain? Having police records can make it difficult to find employment, obtain special permits, and affect your reputation and access to social benefits.
- What are the requirements for canceling police records? The requirements for canceling police records include proper identification and presenting judicial or administrative certificates that prove the completion of penalties or sanctions related to the records.
- Can I cancel police records online? Yes, you can cancel police records online by providing your contact details to facilitate communication with the authorities.
- How can I cancel police records in person at the National Police? To cancel police records in person, you must submit the request and the necessary documentation at any National Police Station, Police National Records, or Central Police Archive. You can also submit the request at any available public registry. It is essential to meet all the required criteria and submit the documents at the designated locations for the process to be effective.
- How to cancel police records by mail at the National Police? Send the required documentation for the cancellation of police records to the following address: Dirección General de la Policía, Subdirección General de Logística e Innovación, División de Documentación, Área de tratamiento documental y archivo, C/ Julián González Segador, s/n 28043, Madrid. Be sure to stamp a copy for your records.
- Do police records get erased automatically? No, police records do not get erased automatically. You must request their cancellation from the Police or Civil Guard, providing documentation that proves the case has been archived or resolved.
- How can I cancel my police records in Spain? To cancel police records, submit a request at a National Police station or for the cancellation of police records with the Civil Guard, with your DNI/NIE and documents proving the case has been archived or dismissed.
- How to remove police records online / How to delete police records? You can cancel police records online at the National Police or Civil Guard’s electronic headquarters, using a digital certificate or Cl@ve. Fill out the form to cancel police records online, and attach documents proving the case has been archived or dismissed. It is important to fill out all the details correctly to successfully cancel the police records.
- How can I request the cancellation of police records with Mossos d’Esquadra? To cancel police records with the Mossos d’Esquadra or remove police records, submit a request to the Dirección General de la Policía de Cataluña with your DNI/NIE and a judicial certificate proving the case resolution. You can do this at the official registry in Barcelona or any Generalitat registry. The process is free and typically resolved within about a month.
- Where can I download my police record online? To download a police record certificate, visit the electronic headquarters of the National Police or Civil Guard for the cancellation of police records using a digital certificate or Cl@ve. Complete the cancellation form and download the certificate after your request is approved.
- What is PERPOL? PERPOL is a National Police database in Spain that records information about individuals who have been investigated or detained for crimes, even if there is no conviction. It is for internal use and distinct from criminal records.