According to Article 136 of the penal code, the following requirements must be met to cancel a criminal record:
The penalty must have been extinguished.
The time established in Article 136 of the Penal Code must have elapsed since the extinction of the sentence to which he/she was punished without reoffending.
The time required for the expungement of a criminal record is as follows:
The term is counted from the day following the day on which the penalty is extinguished.
Sealing or expunging your record can effectively remove an arrest, charge, or deposition from your criminal history and help avoid future problems in your personal and professional life.
Your criminal record may qualify to be sealed or expunged. Contac us
According to Article 33 of the Criminal Code, penalties can be grouped as follows:
The time limit for expungement of criminal records for serious offenses is ten years. The following are considered severe penalties:
In the case of less severe penalties, there are three different expungement periods depending on the penalty applied:
The following are considered less severe penalties:
The time limit for expungement of criminal records for minor offenses is six months. The following are considered minor penalties:
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In the case of legal entities, criminal records can also be expunged in the same way as for individuals, except if the dissolution or definitive prohibition of activities has been agreed upon, in which case, the criminal records will be canceled after 50 years computed from the day following the final sentence.
In the case of legal persons, the following will be considered severe penalties:
No, criminal records are not public, as stated in Article 136.4 of the penal code:
4. The inscriptions of criminal records in the different sections of the Central Register of Convicts and Rebels will not be public. During their validity, certifications will only be issued with the limitations and guarantees provided for in their specific rules and the cases established by law. In any case, those requested by the judges or courts will be issued, whether or not they refer to canceled registrations, expressly stating the latter circumstance.
Although the cancellation of criminal records should be made ex officio, the reality is that on many occasions, the criminal records appear as if they were in force, so it is very convenient to request the cancellation by the interested party. If you need help, contact our criminal lawyers in Barcelona. Your criminal record will be sealed or expunged quickly and efficiently. Once your case has been expunged or sealed, anyone performing a background check cannot see your past criminal record.
Police records are those held by the State Security Forces and Corps when the person has been identified, arrested, or reported, regardless of whether the process has led to a subsequent judicial action.
A criminal record only exists when there has been a conviction.
Police records can also be expunged.