How to cancel a criminal record in Spain: time limits and requirements
A conviction in Spain, even for a minor offence or drink-driving, leaves a criminal record that can close doors: public service exams, certain jobs, residence permits or licences. The good news is that records are cancelled after a time. Here is when and how.
What a criminal record is
It is the entry of final convictions in the Central Register of Convicted Persons, run by the Ministry of Justice. It should not be confused with police records (arrests or complaints held in Police or Guardia Civil databases), which follow a different cancellation process.
Requirement for cancellation
As a general rule, you only need not to have reoffended during the period set by law, counted from when the sentence was extinguished (that is, served, the fine paid or the suspension completed).
Time limits by sentence (article 136 of the Criminal Code)
- 6 months: minor sentences.
- 2 years: sentences not exceeding 12 months and those for offences committed through negligence.
- 3 years: other less serious sentences of under 3 years.
- 5 years: less serious sentences of 3 years or more.
- 10 years: serious sentences.
If there are several convictions, they are all cancelled when the period for the most serious one has passed. A drink-driving conviction with a fine and a driving ban, for example, is usually cancelled 2 years after the last of the penalties ends.
How to apply
Cancellation should happen automatically, but in practice it is not always done on time. You can apply yourself:
- Online through the Ministry of Justice e-office, with a digital certificate or Cl@ve.
- In person at the Regional Justice Office or by post.
It helps to provide the certificate of completion or extinction of the sentence issued by the court, especially if the fine was paid in instalments or the sentence was suspended. The Ministry decides within a few months. If refused or there is no reply, it can be appealed.
Until it is cancelled
- It appears on the criminal record certificate you may be asked for by an employer or authority.
- It may count for repeat offending purposes if you are convicted again.
- It may prevent a later sentence from being suspended.
Cancelled records are disregarded for all purposes.
Police records
If you were arrested or investigated but the case was dismissed or you were acquitted, you can ask the National Police or Guardia Civil to delete that data, providing the court decision. This matters for immigration, firearms or private security procedures.
How we help
We check the exact date your sentence ended, request the certificates from the court and handle the cancellation of criminal and police records. We serve Albacete, Villarrobledo and the rest of Castilla-La Mancha, and can assist you in English.
Frequently asked questions
Do I have to pay civil liability to cancel my record?
The current general rule is not to have reoffended during the period. Even so, it is wise to prove the sentence has ended with a court certificate.
When does the period start?
From the day after the sentence was extinguished: served, paid or the suspension completed.
Do cancelled records appear on the certificate?
No. Once cancelled, the certificate shows no record.
This article is for information only and does not replace professional advice on your specific case. It refers to Spanish law.
