Having criminal and/or police records removed is a key step for many people who want to reintegrate into society without the burden of a criminal past. In Spain, this possibility is governed by both the Spanish Constitution and Organic Law 7/2021, which provides a framework for protecting personal data.

This article explores the various aspects of removing records, outlining the procedures, requirements and consequences of not completing this process. The following sections explain the relevant features and steps involved in completing it effectively.

What are police records?

Police records contain information about arrests or investigations carried out by law enforcement agencies. These records are managed by the Ministry of the Interior and may affect various areas, such as employment or the granting of certain permits.

Having police records can be an obstacle for many people, especially those seeking job security or access to educational opportunities. It is therefore essential to understand how these records work and how they can be cleared.

A record may include details such as the type of offence, the location and date of the arrest, and the outcome of the case. This information is collected in the PERPOL database, the system used to manage these records.

How can I find out whether I have police records?

To find out whether you have police records, you must request a criminal record certificate from the relevant police station or through the Ministry of Justice online portal. You can make this request in person or online.

You should have identification documents, such as your DNI or passport, and provide the information needed to process your request. The response time varies, but requests are generally processed within about 15 working days.

When requesting the certificate, you can also specifically check whether there are any records in the PERPOL database, which contains police records. This gives you a clear overview of your situation.

How long do police records last?

Police records do not have a fixed retention period, as this depends on several factors, such as the type of offence and the outcome of the case. In general, they may remain in the system for years unless you apply to have your criminal and/or police records removed.

Organic Law 7/2021 sets a specific period for removing records, which may vary depending on the nature of the offence. Therefore, it is important to bear in mind that you may be able to request their removal after a certain number of years without committing any further offences.

How long records remain on file can be a decisive factor when completing administrative procedures, looking for work or accessing public services. It is therefore advisable to check your records regularly.

What are the consequences of having police records in Spain?

Having police records can have a range of consequences in everyday life. The effects can be significant, from restrictions on access to certain jobs to difficulties obtaining firearms permits or residence permits.

• Restricted access to public-sector jobs: Many institutions require a clean criminal record certificate.
• Difficulty obtaining licences: For certain jobs, such as private security, having no record is essential.
• Impact on credit: In some cases, banks may consider a person’s police record when assessing credit applications.

Cancelling police records is crucial for those who want to move forward without being stigmatised for past actions. However, it is essential to meet all the requirements to complete this procedure successfully.

What are the requirements for cancelling police records?

To apply to have police records cancelled, you must meet certain requirements for cancelling records. These include:

• Applicant identification: You must provide a valid identity document (DNI, NIE or passport).
• Proof of rehabilitation: In some cases, proof of remorse or rehabilitation may be required.
• Waiting period completed: The waiting periods established by law, which vary depending on the offence, must have elapsed.

It is important to prepare all the required documents before starting the procedure, as this can speed up the process and help ensure that your application is approved as quickly as possible.

Can I cancel police records online?

Yes, the entire process of cancelling criminal and/or police records can be completed online. You can access the service through the Ministry of Justice’s Government online portal, which provides all the information needed to submit an application.

The online procedure is quicker and more efficient, avoiding unnecessary journeys. You can also attach all the required documents in digital format, which simplifies the process.

To use the online service, you must have a digital certificate, which verifies the authenticity of your application. Once you have submitted the application, you will receive an acknowledgement in PDF format as proof of submission.

How can I cancel police records in person?

Police records can also be cancelled in person. To do so, the applicant must visit the relevant police station and submit the required documents.

When visiting the police station, it is important to bring all the necessary documents, such as your DNI, and any supporting documents for your application. The officers will review your application and provide information about its status.

This method may be useful if you prefer to speak to someone in person or have questions about the process. However, it is advisable to check the opening hours and specific requirements of the police station you plan to visit beforehand.

How can I cancel police records by post?

Sending your application by post is another option for cancelling police records. To do so, prepare the required documents and send them to the relevant address of the Ministry of the Interior or the local police station.

It is advisable to use a postal service that offers tracking and proof of delivery. This helps ensure that the application reaches its destination and gives the applicant peace of mind.

After submitting the application, you must wait for a reply, which may take several weeks. It is important to keep copies of all the documents sent, as they may be requested during the process.

Frequently asked questions about cancelling criminal and police records

How can I cancel criminal and police records?

To cancel your records, you must follow the established procedure, which involves submitting the required documents at a police station or through the Government online portal. You must meet all the requirements and deadlines set by law to ensure your application is accepted.

How long does it take for police records to be deleted?

How long it takes for records to be deleted depends on various factors, including the type of offence and whether an application for cancellation has been submitted. Decisions are generally communicated within one month of submitting the application.

What is the difference between criminal records and police records?

Criminal records relate to court convictions, while police records refer to arrests or investigations that have not necessarily resulted in a trial. Both types of records can affect a person’s life, but they are handled differently.

How much does it cost to have criminal records removed in Spain?

The procedure for expunging criminal and/or police records is free of charge in Spain. However, there may be associated costs if copies of documents or travel are required to complete in-person procedures. It is important to find out about any additional costs that may arise during the process.