The cancellation of criminal and police records can be a complex and lengthy process. At Lexmovea, we understand the importance of clearing your history and offer our support to help you achieve it.

Index

Criminal Record Cancellation: Process and Key Differences

Both criminal and police records can significantly impact your life, especially in immigration procedures and job opportunities. Fortunately, both types of records can be canceled, although the processes and requirements differ.

General Process for Cancellation

Generally, the cancellation of records, whether criminal or police, involves:

Meeting the Requirements: You must have served the sentence or penalty imposed, as well as the waiting periods established by law, which vary depending on the severity of the crime or offense.
Submitting the Application: You must submit a formal request to the competent authority, whether it’s the Ministry of Justice (for criminal records) or the Spanish Agency for the Protection of Data (for police records).
Providing Documentation: You must accompany your application with the required documentation, which may include certificates of records, court rulings, and other documents proving the fulfillment of the requirements.
Waiting for the Resolution: The competent authority will evaluate your application and issue a resolution, which may be favorable or unfavorable.

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Differences Between Criminal Records

Origin: Criminal records are generated after a final judicial conviction, while police records originate from any police intervention, even without a conviction.
Registration: Criminal records are registered in the Central Registry of Convicted Persons and Fugitives of the Ministry of Justice, while police records are stored in the databases of the Law Enforcement Agencies.
Impact: Criminal records have a direct impact on immigration procedures and access to certain jobs, while police records may indirectly influence these processes and the authorities’ perception.
Cancellation: The cancellation of criminal records is governed by the Penal Code, while the cancellation of police records is based on the Data Protection Law.

What are Criminal Records?

Criminal records are official records that document convictions for crimes committed. These records can affect various aspects of your life, such as applying for residence permits, seeking employment, and even traveling abroad.

Cancellation of Criminal Records: Deadlines and Requirements

We answer the big question we’re often asked, “How long does it take to clear a criminal record?” Fortunately, criminal records are not permanent. Once the sentence has been served, a waiting period begins to request the cancellation of criminal records. The duration of this waiting period varies depending on the severity of the crime, from 6 months for minor offenses to 10 years for very serious crimes.

How Can We Help You?

At Lexmovea, we offer:

Case Evaluation: We will assess your specific situation and inform you about the deadlines and requirements for the cancellation of criminal and police records.
Process Management: We will handle all necessary procedures to request the cancellation of your criminal and police records.
Legal Advice: We will provide expert legal advice at each stage of the process.
Legal Representation: We will represent you before the competent authorities if necessary.

Find the answers to these and other questions in our comprehensive guide on the cancellation of criminal records.

Avoid Committing Crimes During the Waiting Period!

It is crucial that you do not commit any crimes during the waiting period for the cancellation of your criminal records. Even if you have served your sentence and the required waiting period has passed, any new crime will restart the process and make it more difficult to clear your records.

Civil Liability and Record Cancellation

Traditionally, to cancel your criminal records, you had to have fulfilled both the imposed penalty and the civil liability resulting from the crime. However, the reform of the Penal Code on July 1, 2015, seems to have removed this requirement. Still, it is advisable to stay alert to any changes in the legislation.

Maintain Open Communication with Your Lawyer

It is important to maintain regular communication with your criminal record cancellation lawyer to stay informed about the status of your process and the calculation of the extinction of your criminal and civil responsibility. A legal professional will help you navigate the process and keep you updated on any legislative changes that could affect your case.

Do You Need Help Cancelling Your Criminal Records?

At Lexmovea, we have experts in the cancellation of criminal and police records. Our team will provide personalized advice and take care of all the necessary steps to quickly and efficiently clear your history. Contact us today and let professionals handle your case!

How to Know if You Have a Criminal Record

Before starting any procedures to cancel criminal records, it’s essential to know if you actually have records in the system.

How to Check Your Criminal Record?

To check if you have criminal records, you must request a criminal record certificate using model 790 (criminal record cancellation form). You can obtain this form at the Territorial Offices of the Ministry of Justice (if you reside outside Madrid) or at the Central Office for Citizen Assistance (if you reside in Madrid).

You can also request the certificate by mail or online with an electronic certificate, without needing to travel. In all cases, you must pay a cancellation fee of €3.70.

More Information About Investor Residency in Spain

For more information on how to request the criminal record certificate, you can refer to the official Ministry of Justice website.

Remember, knowing your current situation is the first step to taking the necessary measures and clearing your record.

Cancellation of Criminal Records After the 2015 Penal Code Reform

The 2015 Penal Code reform introduced significant changes to the cancellation of criminal records, especially regarding the elimination of minor offenses and their conversion into light offenses.

What Happens with Minor Offenses?

As a result of the reform, minor offenses disappeared from the Penal Code, and some actions became classified as minor crimes. From now on, if you commit a minor crime, you will have a criminal record, although these will not be considered when determining recidivism or suspending sentences in the event of committing a new crime.

It is important to note that, although a conviction for a minor crime will leave a criminal record, it will not aggravate the penalty in case of recidivism.

Additionally, the statute of limitations for acts that were previously considered minor offenses and are now classified as minor crimes has increased from 6 months to 1 year.

Criminal Records for Legal Entities

The reform also introduced the possibility for legal entities (companies, associations, etc.) to have criminal records if convicted of committing crimes. The deadlines and requirements for the cancellation of criminal records for legal entities are the same as for individuals, meaning the specified period must pass without committing a crime once the sentence is served.

Regarding whether criminal records expire or not: In the event of the dissolution of the company or the permanent prohibition of its activities, criminal records will be automatically canceled after 50 years from the final judgment, resulting in the expiration of criminal records.

Do You Need Legal Advice?

If you have doubts about canceling your criminal records or need assistance in initiating the process, don’t hesitate to contact Lexmovea. Our immigration law experts will provide personalized advice and guide you every step of the way.

Other Changes in the Cancellation of Criminal Records

The 2015 Penal Code reform also introduced other significant changes in the criminal record cancellation process:

Elimination of the Preceding Report: It is no longer necessary to obtain a report from the sentencing judge or court before requesting cancellation.
Removal of Civil Liability Requirement: The requirement to have paid the civil liability resulting from the crime has been eliminated for canceling criminal records.
Increase in Waiting Periods: In some cases, the time that must pass before requesting cancellation has increased, which may hinder the social reintegration of convicted individuals.

Criminal Records and Immigration: Impact on Residence Permits

Having a clean criminal record is an essential requirement for obtaining or renewing a residence permit in Spain. The Immigration Law establishes that foreigners must not have criminal records in Spain or in their previous countries of residence for crimes covered by Spanish legislation.

It is important to highlight that, even though criminal records expire, they are not automatically canceled. Many residence permit renewal applications are wrongly denied due to the existence of cancellable criminal or even police records.

Therefore, it is advisable to proactively manage the cancellation of both criminal and police records with the help of a specialized lawyer to avoid problems in future immigration procedures.

Alcohol-Related Offenses and Criminal Records

Driving under the influence of alcohol or drugs is a crime that, in addition to penalties like the revocation of the driver’s license and fines, also results in the recording of criminal records. These may be cancellable criminal records.

Although imprisonment is an option in these cases, a fine is generally imposed. However, criminal records can have significant consequences on your personal, family, and professional life, even beyond the conviction itself.

Differences Between the Cancellation of Criminal and Police Records

It is crucial to understand the difference between criminal and police records, as well as their impact on immigration procedures and other areas of your life. If you have any doubts or need assistance in canceling your records, don’t hesitate to contact Lexmovea.

Nuestro equipo de abogados expertos te brindará el asesoramiento y la asistencia necesaria para resolver tu situación de manera efectiva. La principal diferencia entre los antecedentes penales y los antecedentes policiales radica en su origen y naturaleza:

Criminal Records: Criminal records are official records of convictions issued by a court after a judicial process, where a final sentence has been handed down.
Police Records: Police records are records compiled by law enforcement authorities during investigations or detentions, without necessarily involving a judicial conviction. They do not imply a criminal sentence but may influence future legal or administrative processes.

Why is the Cancellation of Criminal and Police Records Crucial?

The cancellation of your criminal and police records is vital for several reasons:

Access to Job Opportunities: A clean record will open doors in the job market, as many companies require the absence of criminal records for certain positions.
Facilitates Administrative Procedures: Cancellation speeds up processes like obtaining or renewing residence permits, avoiding rejections and unnecessary delays.
Promotes Social Reintegration: Clearing criminal records allows you to reintegrate fully into society, removing any stigma associated with past convictions.
Avoids Problems with Authorities: A clean record reduces suspicion and potential complications during interactions with law enforcement, minimizing the risk of unjustified detentions.

Trust Lexmovea to Clear Your Record

Our expert criminal law attorneys will provide the support and guidance needed to quickly and effectively cancel your criminal and police records. Contact us today and regain your peace of mind!

Frequently Asked Questions about Record Cancellation

Do I need to cancel my criminal records to apply for a residence permit in Spain? Yes, having a clean criminal record is a fundamental requirement for obtaining or renewing any type of residence permit in Spain. Even if your criminal records are cancellable (the legal waiting periods have passed), it is advisable to formally request their cancellation to avoid problems during the immigration process.
Can my police records affect my residence application? While not an explicit legal requirement, police records can influence the evaluation of your residence application. A clean police record shows good conduct and can facilitate obtaining the permit.
What happens if I have criminal records in my home country? If you have criminal records in your home country, you will need to present an apostilled or legalized criminal record certificate, translated into Spanish. If the crimes committed are considered serious in Spain, they could affect your residence application.
How long does it take to cancel criminal records? The waiting period for canceling criminal records depends on the severity of the crime and can range from 6 months to 10 years after the sentence is served.
Is it possible to cancel police records? Yes, it is possible to request the cancellation of police records, although the process may be more complex than for criminal records. It is advisable to seek legal advice to increase your chances of success.
How can I know if I have criminal or police records? You can request a criminal record certificate from the Ministry of Justice and check your police records in the National Police and Civil Guard databases.
Do I need a lawyer to cancel my records? It is not mandatory, but it is highly recommended to have a lawyer specialized in immigration and criminal law to manage the cancellation process and ensure its success.
What services does Lexmovea offer regarding record cancellation? At Lexmovea, we offer personalized advice, comprehensive management of the procedures, legal representation, and continuous follow-up of your case to quickly and efficiently cancel your criminal and police records.
Differences Between Criminal and Police Records
- Criminal Records: These are the official records of convictions for crimes. They are generated after a final judicial sentence and are registered in the Central Registry of Convicted Persons and Fugitives of the Ministry of Justice.
- Police Records: These are internal records kept by law enforcement agencies documenting any interaction with the police, such as identification, detentions, or reports, even if they don’t result in a judicial process.
How Do Criminal Records Affect the Obtaining of Residence Permits?
- Criminal Records: Having a clean criminal record in Spain and in your previous countries of residence is a fundamental requirement for obtaining or renewing a residence permit. Even if the records are cancellable, it is advisable to formally request their cancellation to avoid problems in the procedure.
- Police Records: While not an explicit legal requirement, police records can influence the evaluation of your residence application. A clean police record demonstrates good conduct and can facilitate obtaining the permit.
What Is the Relation Between Criminal Records and Offenses Like Drunk Driving? Driving under the influence of alcohol or drugs is a crime that, in addition to administrative penalties, may result in a criminal conviction and, therefore, criminal records. These records can hinder obtaining or renewing residence permits as well as accessing certain jobs.
What Jobs Require the Absence of Criminal Records? Many jobs, especially those related to security, education, and the care of minors or vulnerable people, require the absence of criminal records. Additionally, some companies may request a criminal record certificate as part of their hiring process, even if it’s not a legal requirement for the position.
Can Criminal Records Be Cancelled for Drunk Driving? Yes, it is possible to cancel criminal records for drunk driving in Spain. The time it takes to cancel criminal records depends on the penalty imposed in the conviction and the time that has passed since the criminal responsibility was extinguished. According to Article 136 of the Penal Code, the cancellation of criminal records varies depending on the type of offense committed.
Do Criminal Records Expire? Yes, criminal records in Spain can expire, which is known as the cancellation of criminal records. This process allows certain records to be removed from the register after meeting specific requirements, such as having passed a determined period after the extinction of criminal responsibility.
Is There a Form for Criminal Record Cancellation? Yes, there is a specific form for requesting the cancellation of criminal records online in Spain. This form, available on the Ministry of Justice’s Electronic Headquarters, is called “Request for Cancellation of Entries in the Administrative Registry of Support for the Administration of Justice.” It will assist with the removal of criminal records.
When Are Criminal Records Cleared/Cancelled? Criminal records will be cleared once you have completed the sentence and the assigned waiting period has passed. It will also be necessary to formally request the cancellation; this is the process for canceling criminal records for drunk driving or any other criminal records.
Can Criminal Records for Domestic Violence Be Cancelled? Yes, it is possible to request the cancellation of criminal records for domestic violence if the legal requirements set in the Spanish Penal Code are met. This includes having fully served the sentence and not having committed any new crimes.
Can Criminal Records Be Cancelled Early? No, criminal records cannot be cancelled before serving the full sentence and waiting the required legal period, which varies depending on the crime. During this time, no further crimes should be committed.
When Do Criminal Records Expire in Spain / When Do They Disappear? Many of our clients ask us the same question: when do criminal records expire? Criminal records in Spain do not disappear automatically; you must request their cancellation once the required periods have passed since serving the sentence. These periods for cancelling criminal records vary depending on the severity of the crime: 6 months for minor offenses, 2 years for minor crimes, and up to 5 years for serious crimes. Once the period has passed without recidivism, you can officially manage the cancellation.
Can I Cancel Criminal Records Online? Yes, you can request the cancellation of criminal records online in Spain. To do this, you must access the Ministry of Justice’s Electronic Headquarters, have a valid digital certificate, and complete the corresponding form. It’s important to have all the required documentation, such as proof of sentence completion and a history of good conduct since the conviction. This online process allows you to expedite the procedure without the need to physically visit an office.
Where Do I Request an Appointment for Criminal Record Cancellation in Spain? To cancel criminal records in Spain, request an appointment at the Ministry of Justice’s electronic headquarters using a digital certificate or Cl@ve. You can also manage the procedure at the Territorial Offices, confirming whether an appointment is required. Make sure to bring all necessary documentation.
How Can I Cancel Criminal Records for a Minor Offense? To cancel criminal records for a minor offense, 6 months must have passed since the sentence was completed. Request it at the Ministry of Justice’s electronic headquarters with Cl@ve or a digital certificate, or in person at the Territorial Offices. Bring your DNI/NIE and documents proving the sentence was completed.
How Long Does It Take to Cancel Criminal Records? The Ministry of Justice typically takes about three months to resolve a request for criminal record cancellation in Spain. If this period passes without an explicit response, it is considered that the cancellation has been approved, applying the principle of positive administrative silence.
Can I Request Permanent Removal of Criminal Records in Spain? In Spain, criminal records can be canceled but not permanently removed. After completing the sentence and without recidivism during the legal period (6 months to 10 years, depending on the crime), you can request their cancellation from the Ministry of Justice.
Can I Clean a Domestic Violence Report from My Police Records? Yes, you can request the cancellation of police records for domestic violence by submitting a request to the National Police or the Civil Guard. Attach documentation proving the case has been filed, dismissed, or resulted in an acquittal. Verify the requirements before starting the procedure.
Is It Possible to Cancel Criminal Records from Colombia from Spain? Yes, you can cancel criminal records from Colombia from Spain by submitting a request to the National Prosecutor’s Office. You can manage it through the Colombian Consulate in Spain, which will guide you and help with the necessary documentation.
Is It Possible to Cancel Criminal Records from Ecuador from Spain? Yes, you can cancel criminal records from Ecuador from Spain through the Ecuadorian Consulate. They will assist you with the request, the criminal record certificate, and sending the documents to the competent Ecuadorian judicial authorities.
Is It Possible to Cancel Criminal Records from El Salvador from Spain? Yes, you can cancel criminal records from El Salvador from Spain by managing it through the Salvadoran Consulate. Submit the request with documents such as the sentence and proof of serving the sentence. Consult the consulate for more details.
Is It Possible to Cancel Criminal Records from Mexico from Spain? Yes, you can cancel criminal records from Mexico from Spain by managing the request through the Mexican Consulate. They will assist you with the request and send documents to the competent judicial authorities.
Is It Possible to Cancel Criminal Records from Peru from Spain? Yes, you can cancel criminal records from Peru from Spain by managing the rehabilitation request with the court that issued the sentence. You can do this through the Peruvian Consulate, which will assist with the process and send documents.

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Cancellation of Criminal Records