The criminal record is the data that appears in the Central Registry of Convicts (the Ministry of Justice) when a person is convicted of committing a crime. These do not last forever, once the sentence has been fully served, you can completely cancel a criminal record.
Depending on the seriousness of the crime committed, the time that must elapse since the criminal responsibility has been extinguished in order to cancel the criminal record can range from 6 months for minor offenses to 10 years for very serious penalties.
The deadlines to cancel a criminal record are established in article 136 of the Penal Code. Currently, they are the following:
- Six months for light sentences.
- Two years for sentences that do not exceed twelve months and those imposed for reckless crimes.
- Three years for the remaining less serious sentences of less than three years.
- Five years for the remaining less serious sentences equal to or greater than three years.
- Ten years for serious sentences.
How do I know if I have a Criminal Record?
In this article, we explain how to request the Criminal Record certificate to find out whether or not you have been convicted a sentence for a crime committed.
Necessary requirements to cancel a Criminal Record:
- Not to have committed a new crime during the following periods:
- Six months for light sentences.
- Two years for sentences that do not exceed twelve months and those imposed for reckless crimes.
- Three years for the remaining less serious sentences of less than three years.
- Five years for the remaining less serious sentences equal to or greater than three years.
- Ten years for serious sentences.
The computation of these periods shall be interrupted by the perpetration of new offenses during their course.
Cancel a Criminal Record online:
If you have a Cl@ve PIN or a Digital Certificate, you can enter the Electronic Headquarters of the Ministry of Justice to apply for the cancelation of your criminal record.
You must attach the Application Form of the Criminal Record Cancelation.
Cancel a Criminal Record in person:
The duly completed application along with the documentation that accompanies it can be submitted at:
- The General Registry of the Ministry of Justice (Central Office of Attention to the Citizen).
- Any of the Territorial Management of the Ministry of Justice.
- Any of the Registries referred to in art. 16.4 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.
- Spanish citizens residing abroad can apply for cancelation through the diplomatic and consular offices of Spain.
Cancel a Criminal Record by mail:
The application along with the certified copy of the required documentation can also be sent by certified mail to the following address:
“Registro Central de Penados (Cancelaciones), C/ San Bernardo nº 21, planta baja, 28015 – MADRID”.
Once the application to cancel a criminal record has been completed, filling in the corresponding sections and attaching the required documentation, the maximum resolution period is three months.
If this period elapses and no response is obtained, the intended cancelation can be understood as estimated.
However, this period shall be suspended when it is necessary to seek from the judicial body the date of extinction of criminal responsibility (art. 22.1 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations).
The notification of the resolution will be made at the address registered for such purposes.
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