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In this post we will delve into the details of how the criminal record expungement process is carried out , exploring the paths that can be followed, whether it is initiated automatically or at the request of an interested party. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What are criminal records? Entering the legal field of our country on a practical level, it is essential to understand what criminal records are. Basically, it is an annotation that officially records that the person has been firmly convicted of committing one or more crimes . Criminal records are recorded in the Central Registry of Sentences, dependent on the Ministry of Justice, guided by Royal Decree, of February 6, which establishes the rules to support the Administration of Justice. It is important to know that this information is not shared publicly, it is confidential.
During its validity, certifications are only issued under certain restrictions, as established in article 136.4 of the Penal Code , which sets the guidelines. Article 136.1 of the Penal Code allows you to request the Ministry of Justice to cancel these criminal records , as long as certain requirements are met, such as the expiration of the established period and non-recidivism. Conditions for the cancellation of criminal records Expungement of criminal records is not an automatic process ; There are specific conditions that must be rigorously met and are divided into 3 key points: 1. Extinction of criminal liability The DM Databases extinction of criminal responsibility , as stated in article 130 of the Penal Code , can occur for various clearly defined reasons. These include: the death of the convicted person, the fulfillment of the sentence stipulated for the crime committed, the definitive remission of the sentence, the granting of pardon, or the forgiveness granted by the offended person, excluding minors or minors. those with special protection needs.
Likewise, the prescription of the crime or penalty contributes to the extinction of criminal responsibility. 2. End of cancellation deadlines After the expiration of the sentence, the need arises to comply with a specific period of time , determined by legal regulations according to the severity of the sentence imposed. These terms vary depending on the nature of the sentence: Since 2015, minor crimes also generate criminal records, which can be canceled after 6 months. In cases of less serious sentences of less than 12 months or reckless crimes, the term is 2 years. For less serious sentences of less than 3 years, a term of 3 years is established. Convictions for serious penalties exceeding 3 years require 5 years. For very serious sanctions, the term is 10 years. The deadlines for expunging criminal records begin to run from the moment the conviction becomes final. 3. No criminal recidivism It is crucial not to commit crimes during the established periods, since recidivism would nullify the possibility of canceling the criminal record.
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