The cancellation of a criminal record is an essential procedure for obtaining visas, work permits or the exercise of certain professions.
Who can apply for an expungement?
The holder of the record with a valid ID, ID card, passport or NIE or a representative presenting a document proving representation.
Temporal requirement
The applicant must not have offended during the following period:
- 6 months for light penalties.
- 2 years for sentences not exceeding twelve months and sentences imposed for reckless offences.
- 3 years for other less serious penalties of less than 3 years.
- 5 years for other less serious penalties equal to or exceeding three years.
- 10 years for serious offences.
Process
- Completion of the application form.
- Providing a certificate of compliance with sentences issued by the competent court or tribunal.
- The processing period: 3 months, after which time the cancellation may be considered to have been accepted even if there has been no express resolution.
The process is somewhat different for police records that arise when a person is arrested by the national police, the civil guard or regional police, regardless of whether they are finally convicted, acquitted or not even brought to trial because the criminal case is archived. In other words, you can have a police record even if you do not have a criminal record.
Do not hesitate to contact us so that we can help you to get your criminal record expunged.
