Anonymised case study
Road safety: closure after completion of the penalty
The execution of a sentence for driving under the influence of alcohol reached its stage of enforcement.
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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.
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.
Understanding to Decide
Anonymised case study
The execution of a sentence for driving under the influence of alcohol reached its stage of enforcement.
Read moreAnonymised case study
A trial of robbery with violence ended with compliance. In addition to setting the penalties, the court examined individually whether the prison of each convicted person should be suspended.
Read moreSupreme Court · Second Chamber
Supreme Court · Second Room · 2025
The classification as intentional homicide was upheld for the driver who caused a death during a street race. The Supreme Court corrected the repeat-offending aggravation, distinguishing the road-safety offence from homicide.
ECLI:ES:TS:2025:3316
Read moreSupreme Court · Second Room · 2017
The plenary court narrowly interpreted the theft aggravation introduced in 2015. It rejected reliance solely on earlier minor offences for that aggravated category. The judgment included dissenting opinions.
ECLI:ES:TS:2017:2497
Read moreAnswers to guide you
18 Brief answers with references to official regulations.
These are notes of final criminal convictions in the relevant register. They should not be confused with a complaint or an investigation without conviction.
No. The mere complaint is not a firm criminal conviction. It can lead to an investigation with a result yet to be determined.
No. They have different origins and regime. The criminal cancellation of article 136 does not resolve any police annotation alone.
Yeah. A final fine is a criminal sentence, even if it does not involve imprisonment.
Consult this service ↗See FAQ ↗Yeah. The suspension affects the execution of the sentence, does not eliminate the sentence. Cancellation has specific requirements and computations.
Consult this service ↗See FAQ ↗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.
The time limit for minor penalties is six months without re-offending, calculated in accordance with article 136 after extinction.
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.
As a rule, from the day following the expiration of the sentence. For the conditional remission of the sentence there are specific computational rules.
Yeah. A sentence may impose several penalties and consequences. It is appropriate to check its extinction and liquidation to correctly calculate the cancellation.
Yes, the 136 article recognizes the cancellation on its own initiative or at the request of a party when its requirements are met.
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.
You can request your cancellation and provide the necessary documentation. The law also provides for judicial treatment when it should have been cancelled.
The history cancelled or that should be, according to the requirements of the Spanish Criminal Code, should not be counted as reoffending.
No. The aggravating circumstance requires legal requirements of the nature and location of the offence, as well as firmness and absence of appropriate cancellation.
They may influence, but the 80 article distinguishes irrelevant, reprehensible, reckless and other circumstances. The examination is not an automatic ban in any case.
Both are useful, along with liquidation and termination or remission orders. The certificate alone may not explain the entire computation.
Not automatically. The registration cancellation and the withdrawal or deindexation of information on the internet are different issues, with their own rules.
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.
Time to listen
Consult with María Morales Elbaz, lawyer in Madrid.