CRIMINAL RECORD CANCELLATION IN SPAIN: DOES MY CRIMINAL RECORD STAY WITH ME FOREVER?
If you’ve been convicted of a criminal offence, you will usually then have a criminal record. This can cause a variety of problems. For example, a criminal record can adversely affect employment prospects, international travel plans, etc
However, in Spain, all individuals convicted who have extinguished their criminal responsibility have the right to obtain from the Ministry of Justice the cancellation of their criminal records within the time limits established by law.
CRIMINAL RECORD CANCELLATION WHEN THE PENALTY IS FINE
In this article, we will explain the cancellation deadlines just when the penalty is a fine, like for example the simulation of a crime (the person who falsely denounces, for example, that his car has been stolen), is punished with a fine of 6 to 12 months.
CLASSIFICATION OF OFFENSES: ARTICLE 33 SPANISH PENAL CODE
In the first place, it is important to note the classification of offences according to the Spanish Penal Code.
Pursuant to their nature and duration, the punishments shall be classified as serious, less serious and minor:
1. Serious penalties include among others, Imprisonment exceeding five years
2. Less serious penalties include among others, Imprisonment from three months to five years; fine of more than 3 months
3. Minor penalties include among others, a fine from ten days to two months
DEADLINES DEPENDING THE OFFENSE: ARTICLE 136 OF THE PENAL CODE
Those convicted who have extinguished their criminal responsibility have the right to obtain from the Ministry of Justice, the cancellation of their criminal records. It is merely an administrative procedure, not a Court one.
In order to cancel them, it is necessary not to have committed another offence during:
1. Ten years for severe or serious sentences.
2. Five years for the remaining less serious penalties, equal or superior to three years.
3. Three years for the remaining less serious penalties, of less than three years.
4. Two years for penalties not exceeding twelve months and those imposed for reckless crimes.
5. Six months for light or minor penalties.
CANCELLATION OF CRIMINAL RECORDS WHEN THE PENALTY IS A FINE
The deadline referred to in the previous section will be counted from the day in which the penalty has been extinguished. In the case of a fine, when it has been fully paid.
1.- If the fine imposed in a sentence is 3 MONTHS or less, the cancellation period will be SIX MONTHS counted from the full PAYMENT OF THE FINE.
2.- If the fine imposed in a sentence is greater than 3 MONTHS up to 12 MONTHS, the cancellation period will be TWO YEARS counted from its payment
3.- If the fine imposed in a sentence is greater than 12 MONTHS but less than 3 YEARS, the cancellation period will be THREE YEARS counted from its payment.
EXAMPLES WHEN THE PENALTY IS A FINE
I) A person is convicted of a slight crime of theft at the penalty of a fine of 2 months at a rate of 9 euros/day (540 euros). The convicted person pays the fine of on 01.01.2019;
The cancellation will occur on July 2, 2019 (SIX months from the day following the payment of the fine).
II) A person is convicted of a crime simulation of a 9-month fine at a rate of 5 euros/day. (270 days x € 9 = 1,350 euros)
The convicted person finished paying the fine on 01/15/2019.
Criminal records will be cancelled on 01/16/2021 (TWO YEARS from the day following the payment).
III) A person is convicted of a driving offence under the influence of alcoholic beverages to a penalty of a fine (8 months), plus deprivation of driving license for 1 year.
The payment of the fine is made on 01.06.2019 and the withdrawal of the driving license ends on 01.10.2019.
Criminal records will be cancelled on 02.10.2021 (TWO YEARS from the day after the last sentence has been extinguished).
WHAT HAPPENS IF THE FINE IS NOT PAID?
The convicted person will face subsidiary personal responsibility of one day of deprivation of liberty for every two unpaid daily quotes.
CONTACT US FOR ANY HELP
We hope this information is useful. The information contained on this site is for general guidance only. No person should act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your particular circumstances.
Subsequently, should you be affected in particular by this problem or you might be interested in receiving more specific information about this particular subject (or any other legal advice), please do not hesitate to contact us and we w ill be glad to help you immediately.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practising Spanish SolicitorBZN LEX INTERNATIONAL LAWYERS www.bestsolicitorsinspain.com
