A criminal or police record can have a serious impact on your professional, immigration, and personal life. From being denied a visa to being unable to qualify for certain jobs or civil service exams, having a criminal record can close many doors.
The good news is that in Spain, it is possible to legally have them expunged, provided certain requirements and deadlines are met. In this article, we explain step by step how to clear your criminal record and what mistakes you should avoid.
What are criminal and police records?
Criminal record:
These are entries in the Central Registry of Convicted Offenders following a final conviction. They indicate that you have been found guilty of a crime.
Police records:
No conviction is required. These records are created whenever there is police intervention: an arrest, a summons, or a complaint. Each law enforcement agency (National Police, Civil Guard, Mossos d’Esquadra, etc.) records them in its internal databases.
Even if they do not result in a conviction, criminal records can make it difficult to obtain visas, citizenship, residency, or even a job.
How might they affect you?
Having a history—even if it is not a criminal record—can have serious consequences:
- Denial of visas, residency, or citizenship.
- Ineligibility to take civil service exams or hold public office.
- Restrictions on adoption or custody proceedings.
- Barriers to working in healthcare, education, private security, or with minors.
- Challenges in the job application process, especially with international companies.
Can a criminal record be expunged?
Yes. In Spain, you can have your criminal record expunged and request that police records be deleted, but they are not automatically removed: you must expressly initiate the procedure.
The waiting period depends on the severity of the sentence and on whether the person has reoffended.
Requirements for Expunging a Criminal Record
According to Article 136 of the Penal Code, the following requirements must be met:
- To have served the entire sentence, including any fines or community service.
- Not having committed any crime during the established legal period.
Minimum periods without reoffending:
- Minor offenses: 6 months
- Less serious offenses < 12 months or reckless offenses 2 years
- Less serious offenses < 3 years 3 years
- Less serious offenses: ≥ 3 years, 5 years
- Serious offenses: 10 years
As of 2022, it is no longer necessary to submit a criminal record certificate. The government checks it directly (justicia.gob.es
).
How to expunge a criminal record, step by step?
1. Gather the necessary documents:
- Copy of ID card/NIE
- Documentation proving that the sentence has been served (final judgment, proof of payment of the fine, etc.)
2. Request cancellation from the Ministry of Justice:
- You can do this in person, by mail, or online at sede.justicia.gob.es
- The processing time is usually 3 to 6 months.
3. You will receive an official clearance notice confirming that you have no criminal record.
What about a criminal record?
Criminal records are requested directly from the law enforcement agency that issued them. For example:
- National Police: General Directorate of Police.
- Civil Guard: The appropriate command post.
- Mossos d’Esquadra: Commission for Guaranteeing the Right of Access to Information.
This procedure is governed by Organic Law 3/2018 (LOPDGDD) and Regulation (EU) 2016/679 (GDPR), as it involves personal data.
In some cases, you will need to provide a justification for the use of the data (for example, a visa application or an administrative authorization) in order to request its deletion.
Common Mistakes When Clearing a Criminal Record
- Do not wait until the minimum legal period has elapsed.
- Failure to submit all supporting documentation.
- Attempting to dismiss a case while criminal proceedings or investigations are still pending.
- Believing that records are automatically erased over time.
- Don’t forget to have your criminal record expunged as well.
Why is it important to clear your criminal record?
Because it directly affects:
- Your future career (especially in regulated jobs or those involving contact with minors).
- Your immigration process (citizenship, NIE, visa, residence permit).
- Your access to public housing or social assistance.
- Your right to fully reintegrate into society without being stigmatized.
How can we help you?
At Martínez Caballero Abogados, we handle:
- Check Your Criminal or Police Record
- Determine whether you can already request a cancellation
- Submit the application to the appropriate authority
- Resolve issues if the administration requests additional information
Do you have questions or need help clearing your record? Contact us, and we’ll help you start over with legal support.
Sara Gabernet Roca
Attorney Specializing in Criminal Law
MC Abogados
