Applying for cancellation of a criminal record: a practical guide to the procedure

Serving a sentence and being rehabilitated does not always mean starting from scratch. A criminal record can continue to affect the daily life of someone who has already paid their debt: when looking for work, processing licences or applying for nationality. The legal system recognises the right to its cancellation when certain requirements are met, but this does not always happen automatically even if the legal period has elapsed, so it is worth knowing how to process it.

Cancellation may be requested when three conditions are met simultaneously. First, that the criminal liability is extinguished: the sentence has been served, the suspended sentence has been remitted, it has been pardoned or another legal cause has operated. Second, that the cancellation period corresponding to the penalty has elapsed, from six months to ten years depending on its severity, without the convicted person having reoffended. And third, that the civil liability arising from the offence has been satisfied or insolvency has been declared. When all three concur, cancellation is a right, not a favour.

The necessary documentation usually includes the formal application addressed to the Central Register of Convicted Offenders; the identity document; the certificate of extinction of criminal liability, obtained from the court that handed down the judgment or from the prison supervision court, or the testimony of the remission order if the sentence was suspended; proof of payment of the civil liability or the judicial declaration of insolvency; and, advisably, an updated criminal record certificate.

The application may be submitted electronically, at the Ministry of Justice’s electronic office with a digital certificate, electronic ID (DNIe) or Cl@ve, which is the quickest method; in person, at the Ministry’s territorial offices or at any public administration register; or by certified post, sending copies and keeping the acknowledgment of receipt.

The legal time limit for a decision is three months from submission; if it elapses without an express decision, positive administrative silence operates and the application is deemed granted. Once cancellation has been agreed, the Register records it and the applicant’s certificate will appear with no entries. If the clean certificate is needed for a time-limited procedure, it is advisable to request cancellation in advance.

If the application is denied, the decision must be reasoned and indicate the available remedies. An administrative appeal (recurso de alzada) may be lodged within one month and, thereafter, a judicial review appeal (recurso contencioso-administrativo). If the denial is due to a missing document, it is often more effective to remedy the deficiency and submit a new application.

Once cancellation has been carried out, the certificate appears clean, the record cannot be taken into account to assess recidivism, and the interested party can access jobs and licences that require its absence. It is worth remembering that cancellation in the Central Register of Convicted Offenders does not automatically cancel other registers, that the Register of Sex Offenders has its own rules and that each conviction is cancelled independently, so those that already meet the requirements may be cancelled even if others do not yet.