Legal

How to clear criminal records in 2026: requirements and time limits

Legal procedure for cancelling criminal records in Spain

Criminal records can affect employment, permits, nationality or international mobility. Once penal responsibility is extinguished, Article 136 of the Penal Code recognises the right to request their cancellation if certain time limits are met without reoffending.

When does the time limit start?

The calculation begins when the penalty is extinguished, not necessarily on the day of the sentence. For fines, community service, suspended sentences or permit revocation, it is essential to verify the actual date of completion recorded in the file.

General time limits

According to the severity of the penalty, the Penal Code establishes time limits of six months, two years, three years, five years or ten years. Incorrectly classifying the penalty is one of the most frequent causes of premature applications.

How to submit the application

The request can be made at the Ministry of Justice, including electronically. It is advisable to provide identification, case details and, if not up-to-date, documentation on the extinction of penal responsibility. Before applying, it must be verified whether there are any other pending entries.

criminal records are different from police records

The cancellation in the Central Registry of Convicted Persons does not automatically erase police data. These are separate files and procedures with their own requirements. The Central Registry of Sex Offenders is also distinct.

Our cancellation service reviews the execution, calculates the applicable time limit, and processes the administrative request.

Sources: Article 136 of the Penal Code and Ministry of Justice.

This content is informational and does not replace tailored legal advice.

author

Marc Trujillo

Marc Trujillo

Lawyer at Bufete Trujillo

Lawyer based in Cambrils practising civil, criminal, family, inheritance, immigration and property law on the Costa Daurada.

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