Clearing a criminal record is a legal process that allows people to have conviction records removed once they have met certain requirements and the time limits set by law. Knowing the time required to clear a criminal record and the procedures to follow is essential for anyone seeking to move on from a past conviction and open up new opportunities.

What is a criminal record?

A criminal record contains information about the final convictions a person has received for committing offences. These records are held by the authorities and can significantly affect a person's life, limiting access to jobs, visas or any other procedure that requires a criminal record certificate. The process of clearing a criminal record is a legal way to remove these records under certain conditions.

Having a criminal record can be an obstacle to social and employment integration. For this reason, the law allows records to be cleared in recognition of a person's efforts to reintegrate and their responsible conduct after serving their sentence.

The Spanish Criminal Code clearly sets out the time limits and conditions that must be met before a person can apply to have their criminal record cleared. The application may be submitted in person or through a legal representative.

How do you apply to have a criminal record cleared?

You can apply to have your criminal record cleared once the legal time limits have passed, provided you have not committed any further offences during that period. You can complete this procedure in person at the relevant administrative offices or online through the Ministry of Justice's digital platform.

To find out how to apply to have a criminal record cleared, you must first submit a formal application with documents proving that you meet the required conditions. It is advisable to seek legal advice to ensure the process is handled properly and efficiently.

Once the application has been reviewed and approved, the records are cleared and the applicant is notified. From then on, no criminal record will appear on any certificates issued.

What are the requirements for clearing a criminal record?

• A specified period must have passed without any further offences being committed.
• The sentence imposed must have been served in full.
• Any civil liabilities arising from the offence must have been paid, if applicable.

The time limit for clearing a criminal record depends on the seriousness of the offence and the sentence imposed. It is calculated from the day after the sentence has been served in full.

It is also important to note that applications to clear a criminal record are not processed automatically; the applicant or their legal representative must expressly submit a request to the Central Registry of Convicted Persons.

Time limits for clearing a criminal record

The time limits for clearing a criminal record vary and are determined by the applicable legal framework. They depend on the length of the sentence imposed and can range from six months to several years.

For example, for minor offences resulting in custodial sentences of up to six months, the time limit is six months. By contrast, for serious offences resulting in sentences of more than five years, the time limit may extend to ten years.

Meeting these time limits is essential before you can submit an application to clear your record. The period does not begin until the sentence has been served in full, including any security measures imposed.

Are criminal records automatically expunged?

It is a common misconception that criminal records are automatically expunged over time. Although the legal time limits allow them to be expunged after a certain period, you must submit an express request for the expungement to take place.

The cancellation of criminal records is not automatic and requires action by the person concerned or their legal representative. If you do not initiate this procedure, the criminal records may remain on file, with the consequences that entails.

In some cases, once the requirements and time limits have been met, the authorities may expunge records on their own initiative. However, this is not usual, and you should not assume it will happen automatically.

Benefits of expunging criminal records

Expunging criminal records offers a range of benefits of expunging criminal records, all aimed at helping the person concerned reintegrate into society and the workplace. These benefits include:

• Access to employment opportunities, as many employers require a clean criminal record certificate.
• The possibility of applying for competitive examinations for public-sector positions and accessing public employment.
• Easier access to credit and completion of other financial procedures.
• An improved personal and social image by removing the stigma associated with a criminal record.

These benefits show why it is important to apply for expungement once the requirements have been met, opening the door to a new chapter in the person’s life.

Frequently asked questions about expunging criminal records

How can I clear my criminal record?

To clear your criminal record, you must apply to have it expunged through the Central Register of Convicted Persons (Registro Central de Penados), meeting the time limits and requirements set by law.

It is advisable to consult a lawyer who can guide you through the process and help you gather the required documents. Once your application is approved, your criminal records will be expunged.

How much does it cost to expunge a criminal record?

In principle, expunging a criminal record is free if you submit the application yourself. However, if you hire a lawyer to assist you with the process, you will have to pay their fees.

These costs vary depending on the professional and the complexity of the case, so it is advisable to request a quote before starting the process.

How can I expunge my criminal record online?

You can expunge your criminal record online through the Ministry of Justice’s online portal. You will need a digital certificate or an electronic DNI to access the online services and submit your application.

The website provides guides and forms to help you through the process. Make sure you follow all the steps and have the necessary documents to hand to complete your application.

When does a criminal record certificate expire?

A criminal record certificate is valid for three months from the date it is issued. After that, if you need to submit the certificate for a procedure, you must request a new one, which will reflect your current criminal record status.

If you have applied to have your criminal record expunged and your application has been approved, your new certificate will not show any criminal records.

To complement the information in this article, we invite you to watch the following video, which explains the process of expunging criminal records in detail:

Have your criminal record expunged and start a new chapter in your life, free from the limitations and stigma of the past. With the right information and by meeting the legal requirements, you can access the opportunities you deserve.