Expungement
Criminal Defense Lawyers Specializing in Expungement
Expungement requirements
Sealing and Expungement Lawyer
According to article 136 of the penal code, the following requirements must be met in order to cancel a criminal record:
The penalty must have been extinguished.
The period of 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 having reoffended.
Deadlines for expungement
Sealing and Expungement Attorney
The time period required for the expungement of a criminal record is as follows:
Six months for minor penalties.
Two years for sentences not exceeding twelve months and those imposed for reckless offenses.
Three years for other 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 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.
Classification of penalties for expungement of criminal records
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:
Serious Penalties
The time limit for expungement of criminal records for serious offenses is 10 years. The following are considered serious penalties:
Permanent revisable imprisonment.
Imprisonment for more than five years.
Absolute disqualification.
Special disqualifications for more than five years.
Suspension from public employment or public charge for a period of more than five years.
Deprivation of the right to drive motor vehicles and motorcycles for more than eight years.
Deprivation of the right to possess and carry weapons for a period exceeding eight years.
Deprivation of the right to reside in certain places or go to them, for a period exceeding five years.
Prohibition to approach the victim or those of his relatives or other persons determined by the judge or court, for a period exceeding five years.
Prohibition to communicate with the victim or with those of his relatives or other persons determined by the judge or court, for a period exceeding five years.
Deprivation of parental authority.
Less Serious Penalties
In the case of less serious penalties, there are three different expungement periods depending on the penalty applied:
When the penalty is less than twelve months and for penalties for reckless offenses, the cancellation term is two years.
When the penalty is less than three years, the expungement period is three years.
When the penalty is equal to or more than three years, the cancellation period is five years.
The following are considered less serious penalties:
Imprisonment from three months to five years.
Special disqualifications up to five years.
Suspension from public employment or public office for up to five years.
Deprivation of the right to drive motor vehicles and motorcycles from one year and one day to eight years.
Deprivation of the right to possess and carry weapons from one year and one day to eight years.
Deprivation of the right to reside in certain places or go to them, for a period of six months to five years.
Prohibition to approach the victim or those of his relatives or other persons determined by the judge or court, for a period of six months to five years.
Prohibition to communicate with the victim or with those of his relatives or other persons determined by the judge or court, for a period of six months to five years.
Fine of more than three months.
The proportional fine, whatever the amount, except as provided in paragraph 7 of this article.
Work for the benefit of the community from thirty-one days to one year.
Minor Penalties
The time limit for expungement of criminal records for minor offenses is 6 months. The following are considered minor penalties:
Deprivation of the right to drive motor vehicles and motorcycles from three months to one year.
Deprivation of the right to possess and carry weapons from three months to one year.
Special disqualification for the exercise of profession, trade or commerce related to animals and for the possession of animals from three months to one year.
Deprivation of the right to reside in certain places or to go to them, for a period of less than six months.
Prohibition to approach the victim or those of his relatives or other persons determined by the judge or court, for a period of from one month to less than six months.
Prohibition to communicate with the victim or with those of his relatives or other persons determined by the judge or court, for a period of from one month to less than six months.
Fine of up to three months.
Permanent localization from one day to three months.
Works for the benefit of the community from one to 30 days.
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Expungement of criminal records in the case of legal entities
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, in which case, the criminal records will be cancelled after 50 years computed from the day following the final sentence.
In the case of legal persons, the following will be considered serious penalties:
Fine by installments or proportional.
Dissolution of the legal entity. The dissolution will produce the definitive loss of its legal personality, as well as its capacity to act in any way in the legal traffic, or to carry out any kind of activity, even if lawful.
Suspension of its activities for a period not exceeding five years.
Closure of its premises and establishments for a period not exceeding five years.
Prohibition to carry out in the future the activities in the exercise of which the crime has been committed, favored or concealed. This prohibition may be temporary or definitive. If it is temporary, the term may not exceed fifteen years.
Disqualification from obtaining public subsidies and aid, from contracting with the public sector and from enjoying tax or Social Security benefits and incentives, for a term not exceeding fifteen years.
Judicial intervention to safeguard the rights of workers or creditors for the time deemed necessary, which may not exceed five years.
Are criminal records public?
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 in the cases established by law. In any case, those requested by the judges or courts will be issued, whether or not they refer to cancelled registrations, expressly stating the latter circumstance.
Although the cancellation of criminal records should be done ex officio, the reality is that in 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 will not be able to see your past criminal record.
Difference between criminal records and police records
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.