Expungement of Criminal Records in Barcelona | Procedures and Legal Review
Criminal Record Expungement in Barcelona: Regain Your Peace of Mind Through Proper Processing
We’ll review your case and let you know exactly whether now is the time to take action.
Why should you trust MC Abogados to have your criminal record expunged in Barcelona?
If you have already served your sentence and want to put your criminal record behind you, at Martínez & Caballero Abogados, we can help you file for the expungement of your criminal record with the Ministry of Justice, after first verifying that you meet the legal requirements and that the period specified in Article 136 of the Penal Code has elapsed. Our goal is clear: to avoid mistakes, additional requirements, and wasted time in a process that can directly affect your job, your residency status, civil service exams, or future legal proceedings.
Preliminary feasibility review before submitting the application
Application properly filed with the Ministry of Justice
Ongoing monitoring of the case until a resolution is reached
What is the expungement of a criminal record?
The expungement of a criminal record is the procedure by which entries resulting from final convictions are removed from the Central Registry of Convicted Persons, provided that criminal liability has been extinguished and the time limits and requirements established by law have been met. The Ministry of Justice expressly recognizes this right for all individuals convicted by a final judgment whose criminal liability has been extinguished.
When Can You Have Your Criminal Record Expunged?
Article 136 of the Penal Code provides that, once criminal liability has been extinguished and provided you have not reoffended, you may have your criminal record expunged once any of the following periods have elapsed: 6 months for minor offenses; 2 years for sentences not exceeding 12 months and for crimes of negligence; 3 years for other less serious sentences of less than 3 years; 5 years for other less serious sentences of 3 years or more; and 10 years for serious offenses. Generally speaking, the period begins on the day following the date on which the sentence was completed.
Most importantly: it’s not enough to have “completed the trial”
Many people believe they can have their criminal record expunged as soon as their trial ends or once they are no longer in prison, but the law requires that criminal liability be extinguished and that the statutory period elapse without them reoffending. Furthermore, the Ministry may process the expungement on its own initiative or at the request of a party, but in practice, it is still very useful to verify that the date of extinction is correctly recorded in the Registry before initiating the proceedings. Royal Decree 607/2025 specifically regulates what happens when that date is not recorded in the Central Registry of Convicted Persons.
What requirements do we review before submitting the application?
1. That the conviction is final and criminal liability has been extinguished
Unless criminal liability has been extinguished, the record cannot be expunged. This is the starting point of Article 136 of the Penal Code.
2. That the correct statutory period has elapsed
Not all penalties have the same duration. Incorrectly classifying a penalty can result in filing the application too early and lead to a denial.
3. That you have not committed any further crimes
Article 136 itself expressly requires that the time limits elapse without the offender having committed another crime.
4. The case must be well-presented
Although the Ministry allows for electronic filing, a poorly prepared application may result in complications or rejection. The Ministry also allows applicants to check the status of their application specifically for these situations.
How to Request the Expungement of a Criminal Record
The Ministry of Justice’s online portal allows you to request cancellation electronically through the specific procedure titled “Cancellation of Criminal Records, ” and also allows you to check the status of your application. The website describes the procedure as a partially online process and notes that the applicant retains a PDF receipt confirming the submission of the request.
Timeframe for a decision by the Ministry of Justice
Pursuant to the amendment introduced by Royal Decree 607/2025, when the case is processed ex officio or at the request of the interested party and the date of termination is not recorded in the Registry, the Criminal Records Registry must request that the Court Clerk update the conviction record within a maximum of ten days. That same royal decree establishes that the maximum time limit for issuing a decision and providing notice is three months, and that failure to issue a decision within that time period constitutes a dismissal of the request.
What Happens After Cancellation
The Penal Code establishes that canceled entries are not public and, furthermore, states that if the requirements for cancellation are met but the cancellation has not yet formally taken place, the judge or court will not take those records into account if such circumstances are proven. For its part, Royal Decree 607/2025 specifies that information regarding canceled entries is kept in a special, separate section, accessible only to Spanish courts.
How We Handle Your Case at M&C Abogados
1. Preliminary Study
We analyze the judgment, the type of sentence, and the actual date on which criminal liability expired to determine whether the period specified in Article 136 has already expired.
2. Document Preparation
We’ll let you know what documents you need to gather and verify that your application is ready to be submitted without any avoidable errors. The Ministry’s headquarters and official form are designed to facilitate the processing of these applications with the Central Registry of Convicted Offenders.
3. Presentation and Follow-up
We submit the application and monitor its status until a decision is reached. The headquarters itself allows you to view the file once it has been registered.
4. Strategic Consulting
If you can’t cancel yet, we’ll tell you when you’ll be able to and what you need to keep an eye on so you don’t miss that opportunity later on. The competitors with the highest conversion rates are the ones who capitalize on this very approach of “figuring out if you can cancel yet and when you’ll be able to.”
Estimated price of the service
Preliminary feasibility review, starting at €60
Includes:
- Initial Case Study
- Review of the Type of Sentence
- Estimated timeframe
- Strategy Recommendation
Cancellation process; fee based on complexity
Includes:
- Preparing the Application
- Presentation to the Ministry
- Follow-up of the file
- Basic Incident Response
Why should you have MC Abogados handle the expungement of your criminal record in Barcelona?
The expungement of a criminal record requires properly verifying that criminal liability has been extinguished and accurately calculating the applicable statutory period. An error in these areas can result in denial or unnecessary delays.
At M&C Abogados, we review your case from the very beginning, verify all the requirements, and handle the paperwork to ensure the process is efficient, secure, and hassle-free.
- Preliminary Feasibility Review of the Application
- Accurate calculation of the applicable statutory period
- Preparing and Submitting the Application
- Tracking the case until a decision is reached
- Personalized service in Barcelona and online
Frequently Asked Questions About the Expungement of Criminal Records in Barcelona
Can I have my criminal record expunged if I have multiple convictions?
Can I have my criminal record expunged if I have multiple convictions?
Can a criminal record be expunged without a lawyer?
Yes, the process can be handled directly, but getting professional advice helps avoid mistakes regarding deadlines or documentation.
What happens if I submit the application early?
It is most common for the request to be denied, which may require you to restart the process at a later date.
Can I have my criminal record expunged if I have outstanding fines?
Not always. It is important that criminal liability be fully extinguished, which may include the payment of financial obligations.
Does the cancellation completely erase my record?
They are no longer public, although they remain on file internally for the exclusive use of judges and courts.
Can I work abroad if my criminal record has been expunged?
Yes. Once they are expunged, they will not appear on the criminal record, which simplifies employment and administrative procedures.
How much does it cost to have a criminal record expunged?
The cost depends on whether you do it on your own or with professional guidance. In many cases, it is recommended that you have your documents reviewed before beginning the process.
Can I have my criminal record expunged if I'm a foreign national?
Yes. You do not need to be a Spanish citizen, but you must have been convicted in Spain and meet the legal requirements.
What if I have a criminal record?
They are different from criminal records. The expungement of a criminal record does not automatically eliminate a police record, which requires a separate procedure.
Can I review my records before they are deleted?
Yes. You can request a criminal record check to verify your status before beginning the process.
What happens if there are errors in the file?
The Ministry may request additional documentation or even deny the application if it detects significant errors.
How long does the cancellation actually take in practice?
Although the legal deadline is up to 3 months, in practice it may vary depending on the administrative workload and whether the file is complete.
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