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Review and cancellation of criminal records

Check for extinction and cancellation deadlines.

We review the final judgment, the penalties imposed and the documentation of its compliance to determine whether to request cancellation. We differentiate the file of an executory, the extinction of liability and the registration cancellation.

What should be reviewed?

Complying with a sentence does not imply that the predecessor disappears on the same day. Article 136 sets out requirements and time limits to be calculated on the specific conviction. Police records have another regime.

What can you prepare?

Spanish Criminal Code · art. 130, art. 136

Understanding to Decide

Related legal terms

Cases related to this service

Supreme Court · Second Chamber

Criteria related to this service

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Answers to guide you

Questions and answers about this service

18 Brief answers with references to official regulations.

What are the criminal records?

These are notes of final criminal convictions in the relevant register. They should not be confused with a complaint or an investigation without conviction.

Spanish Criminal Code · art. 136
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Does a complaint automatically leave a criminal record?

No. The mere complaint is not a firm criminal conviction. It can lead to an investigation with a result yet to be determined.

Spanish Criminal Procedure Act · art. 299
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Are police records the same as prison records?

No. They have different origins and regime. The criminal cancellation of article 136 does not resolve any police annotation alone.

Spanish Criminal Code · art. 136
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Can a criminal fine also generate antecedents?

Yeah. A final fine is a criminal sentence, even if it does not involve imprisonment.

Spanish Criminal Code · art. 33, art. 136
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Is a suspended prison sentence still generating background?

Yeah. The suspension affects the execution of the sentence, does not eliminate the sentence. Cancellation has specific requirements and computations.

Spanish Criminal Code · art. 80, art. 136
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Are the records cancelled on the day I pay the fine?

No. First the criminal liability must be extinguished and then the legal period must pass without any further offence, on the basis of the corresponding penalty.

Spanish Criminal Code · art. 136
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How long does it take to cancel a mild sentence?

The time limit for minor penalties is six months without re-offending, calculated in accordance with article 136 after extinction.

Spanish Criminal Code · art. 136
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Is there a single cancellation period for all convictions?

No. The law distinguishes six months, two, three, five or ten years according to the penalty and the assumption. It needs to be classified correctly.

Spanish Criminal Code · art. 136
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Since when does the cancellation deadline begin?

As a rule, from the day following the expiration of the sentence. For the conditional remission of the sentence there are specific computational rules.

Spanish Criminal Code · art. 136
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Should I review all the sentences of the same sentence?

Yeah. A sentence may impose several penalties and consequences. It is appropriate to check its extinction and liquidation to correctly calculate the cancellation.

Spanish Criminal Code · art. 136
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Can the cancellation be remembered ex officio?

Yes, the 136 article recognizes the cancellation on its own initiative or at the request of a party when its requirements are met.

Spanish Criminal Code · art. 136
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Where is the criminal cancellation requested?

It is up to the Ministry of Justice. Before processing, it is advisable to check the penalty, its extinction and the dates, using the official channels.

Spanish Criminal Code · art. 136
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What happens if I meet the requirements but the background still appears?

You can request your cancellation and provide the necessary documentation. The law also provides for judicial treatment when it should have been cancelled.

Spanish Criminal Code · art. 136
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Can a cancelled record be used to assess recidivism?

The history cancelled or that should be, according to the requirements of the Spanish Criminal Code, should not be counted as reoffending.

Spanish Criminal Code · art. 22
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Does any previous conviction imply recidivism?

No. The aggravating circumstance requires legal requirements of the nature and location of the offence, as well as firmness and absence of appropriate cancellation.

Spanish Criminal Code · art. 22
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Do the background always make a prison suspension difficult?

They may influence, but the 80 article distinguishes irrelevant, reprehensible, reckless and other circumstances. The examination is not an automatic ban in any case.

Spanish Criminal Code · art. 80
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Do I need a certificate and sentence to study a cancellation?

Both are useful, along with liquidation and termination or remission orders. The certificate alone may not explain the entire computation.

Spanish Criminal Code · art. 136
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Canceling background deletes old publications on the internet?

Not automatically. The registration cancellation and the withdrawal or deindexation of information on the internet are different issues, with their own rules.

Spanish Criminal Code · art. 136
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Criminal records in Spain: checking cancellation requirements

Read transcript

You have completed a sentence. Does your Spanish criminal record disappear immediately? Not necessarily. The end of criminal liability and the cancellation requirements must be checked.

Gather the judgment, enforcement decisions and documents confirming completion or remission of the sentence. Dates matter, but counting from the day of conviction is not enough. The type of sentence and events during enforcement can affect the calculation.

Criminal records must also be distinguished from police records. They are different registers with different procedures. Before applying, check which entry exists and whether the relevant conditions have been met. An application cannot guarantee cancellation if requirements are missing.

At penal.info, we review the documents and the calculation. Start with complete court decisions rather than relying only on your recollection of when the proceedings ended.

Book an appointment with María Morales at penal.info.

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