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Expungement of criminal records
Pursuant to Article 2 of Royal Decree 95/2009, of February 6, 2009, which regulates the System of Administrative Records to support the Administration of Justice, the Central Registry of Convicted Persons includes the registration of final decisions for the commission of a crime or misdemeanor that impose penalties or security measures, issued by the Courts or Tribunals of the criminal jurisdictional order.
All individuals convicted by final judgment who have extinguished their criminal liability have the right to obtain from the Ministry of Justice the cancellation of their criminal record, which is recorded in the Central Register of Convicted Persons, within the time limits established by law.
The criminal record is constituted by the conviction note, so that its cancellation affects the set of sentences imposed in a final judgment and not each of the individualized sentences.
Requirements necessary to cancel as required by law.
a) To cancel the criminal record (art. 136 of the Penal Code):
Not to have offended again during the following periods:
- Six months for minor penalties.
- Two years for sentences not exceeding twelve months and those imposed for reckless offenses.
- The remaining less serious penalties of less than three years.
- Five years for the remaining less serious penalties equal to or greater than three years.
- Ten years for serious penalties.
- The computation of these periods shall be interrupted by the commission of new offenses during their course.
b) To cancel the annotations of security measures:
The annotations of the security measures will be cancelled once the respective measure has been complied with or prescribed.
