Criminal record lawyer in Alicante

What a criminal record is and how it differs from a police record

A criminal record (antecedentes penales) is the entry of a final conviction in the Central Register of Convicted Persons (Registro Central de Penados), which is run by the Ministry of Justice. It only exists if a judge or court has convicted you in a final judgment. A complaint, an arrest or an investigation that ends up being dismissed does not create a criminal record.

A police record (antecedentes policiales) is something else: it is the data that the National Police, the Guardia Civil or the regional police keep on file when you have been arrested, identified or investigated. It can exist even if you have never been convicted. It is removed through a different procedure, which we explain below.

Entries in the Central Register of Convicted Persons are not public (art. 136.4 of the Criminal Code). However, while they remain on file they can be seen by judges, by public authorities in the cases provided for by law and, in practice, by any company or body that asks you for a certificate.

Time limits for removing a criminal record (art. 136 CP)

You are entitled to have your record removed (cancelación) once your criminal liability has been extinguished (you have served the sentence or it has been extinguished for another reason) and, in addition, the following periods have passed without reoffending:

The period runs from the day after the sentence was extinguished (art. 136.2 CP). If your sentence was suspended and you obtained final remission, the calculation is backdated: it is worked out as if you had served the sentence from the day after the suspension was granted. This technical detail often brings the removal date forward and is worth checking.

The current wording of article 136 does not include payment of civil liability (compensation) among the requirements for removal. It does require the sentence to have been extinguished: an unpaid fine, for example, prevents the period from starting to run.

Why it matters to have it removed

A criminal record that has not been removed can close doors to you long after you have served your sentence:

• Repeat offending. If you are involved in criminal proceedings again, a previous conviction for an offence of the same kind and nature makes the sentence harsher (art. 22.8 CP). Records that have been removed, or should have been, do not count.
• Suspended sentences. To avoid going to prison for sentences of up to two years, the general rule requires you to be a first-time offender (art. 80.2.1 CP). Here too, records that have been or could be removed are disregarded.
• Employment. Public-sector entrance exams, private security, firearms licences and many jobs require the certificate.
• Immigration and nationality. For a foreign national, a conviction for an intentional offence punishable by more than one year in prison is grounds for administrative expulsion unless the record has been removed (art. 57.2 of the Immigration Act, Ley Orgánica 4/2000). We explain this on our page on criminal defence for foreign nationals.

If the requirements are met but the record has not yet been removed, the judge must disregard it (art. 136.5 CP). Even so, it is much safer to have it removed before any formality.

How a record is removed: what we do

Removal can take place automatically or at the request of the person concerned, before the Ministry of Justice (art. 136.1 CP). In practice, waiting for it to happen automatically does not always work, and a single mistake in the dates is enough for the application to be refused.

1. We review your history: we obtain the certificate and the rulings in each case to find out what is on file and since when.
2. We calculate the period for each conviction under article 136, including the backdated calculation if the sentence was suspended.
3. If anything is missing, we sort it out: for example, by having the court declare the sentence extinguished or certify that the fine has been paid.
4. We file the application for removal with complete supporting documents and follow it up.
5. If it is refused or there is no reply, we consider the appropriate appeal.

How to have a police record deleted

Data held in police files is governed by Organic Law 7/2021 on the protection of personal data processed for criminal-law purposes (Ley Orgánica 7/2021). You can exercise the right to erasure (derecho de supresión) once the proceedings have ended: dismissal, acquittal or a conviction that has already been removed. You must provide the court documents proving that the decision is final and that the proceedings have ended.

According to the National Police’s online portal, the application to that force is free of charge and must be decided within a maximum of one month. If your data is also held in Guardia Civil files, a separate request must be made to that force.

It is common for someone who was acquitted or whose case was dismissed to discover years later that they are still on file. If this is your situation, we check which court decisions you need and prepare the application.

Special situations

Several convictions

Each conviction has its own period. And because article 136 requires the period to pass without reoffending, a new offence committed in the meantime prevents removal. The full history needs to be analysed.

Convictions from when you were a minor

Measures imposed by the juvenile courts are entered in a separate register, distinct from the adult register of convicted persons. If you are unsure what is on file, we will clarify it for you. More information on our page on juvenile criminal liability.

If you have not yet served your sentence

As long as the sentence has not been extinguished, the record cannot be removed. If the sentence is still pending, a pardon may be considered or, if the judgment is not yet final, a criminal appeal.

Every case is different; after studying yours, we will give you a personalised written quote.