How to erase criminal and police records in Spain

Criminal and police records can seriously affect your professional, immigration and personal life. From the denial of a visa to the impossibility of accessing certain jobs or competitive examinations, having a criminal record can close many doors.

The good news is that in Spain it is possible to cancel them legally, as long as certain requirements and deadlines are met. In this article we explain how to erase your record step by step and what mistakes you should avoid.

What are criminal and police records?

Criminal records:
These are entries in the Central Register of Convicted Persons following a final conviction. They reflect that you have been convicted of a crime.

Police records:
They do not require conviction. They are generated when there is a police intervention: arrest, summons or complaint. Each police force (National Police, Civil Guard, Mossos d’Esquadra, etc.) registers them in their internal databases.

Even if they do not result in conviction, a police record can make it difficult to obtain visas, nationality, residency, or even a job.

How can they affect you?

Having a criminal record, even if it is not a criminal record, can have serious consequences:

Denial of visas, residency or nationality.
Impossibility of access to competitive examinations or public positions.
Restrictions in adoption or custody proceedings.
Impediments to work in health care, education, private security or with minors.
Obstacles in job selection processes, especially with international companies.

Can the records be expunged?

Yes, in Spain you can cancel your criminal record and request the expungement of police records, but they are not automatically eliminated: you must initiate the procedure expressly.

The waiting period depends on the severity of the conviction and on not having reoffended.

Requirements for expungement of criminal records

According to Article 136 of the Penal Code, the following requirements must be met:

Have served the sentence in full, including fines or community service.
Not to have committed any crime during the established legal term.

Minimum time periods without recidivism:

Minor penalties 6 months
Less serious penalties < 12 months or reckless 2 years
Less serious penalties < 3 years 3 years
Less serious penalties ≥ 3 years 5 years
Serious penalties 10 years

Since 2022, it is no longer necessary to present a criminal record certificate. The administration consults it directly (justicia.gob.es
).

How to expunge a criminal record step by step?

Gather documentation:

Copy of DNI/NIE
Documentation proving compliance with the sentence (final sentence, proof of payment of fine, etc.).

2. Request the cancellation to the Ministry of Justice:

You can do it in person, by mail or telematically through sede.justicia.gob.es
The resolution period is usually 3 to 6 months.

3. You will receive an official cancellation resolution, which states that you do not have a criminal record.

What about police records?

Police records are requested directly from the police force that generated them. For example:

National Police: General Directorate of the Police.
Guardia Civil: Corresponding Command.
Mossos d’Esquadra: Commission for the Guarantee of the Right of Access to Information.

The procedure is regulated by Organic Law 3/2018 (LOPDGDD) and Regulation (EU) 2016/679 (RGPD), as it affects personal data.

Sometimes it will be necessary to justify the use of the data (e.g. visa application or administrative authorization) in order to request its cancellation.

Common errors when expunging records

Do not wait the minimum legal term.
Failure to provide all supporting documentation.
Attempt to cancel with criminal cases or investigations still open.
Believing that past history is automatically erased over time.
Forgetting to cancel police records as well.

Why is it important to cancel the background check?

Because it directly affects:

Your future employment (especially in regulated jobs or jobs with contact with minors).
Your immigration process (nationality, NIE, visa, residence permit).
Your access to public housing or social assistance.
Your right to fully reintegrate into society without stigmatization.

How can we help you?

At Martínez & Caballero Abogados we take care of: