A criminal record can become an invisible but powerful barrier that limits your access to better employment opportunities, civil service examinations, and even administrative procedures. In fact, having a criminal record can result in denial of citizenship or denial of a residence permit. Therefore, if you are wondering how to expunge your criminal record, this article is designed to explain to you, in a brief and simple way, the procedure and what are the necessary requirements to clean your criminal record history. In our law firm we can help you expunge your criminal record.

What does it mean to have a criminal record?

When an adult is convicted by judgment in criminal jurisdiction, a criminal record is generated. This means that the conviction data automatically appears in a registry called the «CENTRAL REGISTRY OF CRIMINAL RECORDS».

Can criminal records be expunged?

Criminal record expungement is a right regulated in the Spanish Criminal Code that allows you to remove from the Central Registry of Convicts the crimes for which you already served your sentence. In this way, your record will be clean before third parties, although such information may continue to be accessible for judicial purposes.

Furthermore, a clean record is not only a step toward new employment or academic opportunities, but also a symbolic act: closing one chapter and beginning a new one with complete peace of mind.

Additionally, Are you a foreigner and do you have a criminal record? Having a criminal record

How can I know what type of sentence I am serving?

Article 33 of the Criminal Code divides sentences according to their nature and duration. For example, here is the classification:

Classification of sentences according to the Spanish Criminal Code

Serious sentences:

• Imprisonment: Life imprisonment subject to review or more than 5 years.
• Disqualifications: Absolute or special disqualifications exceeding 5 years.
• Suspension from employment/public office: More than 5 years.
• Deprivation of rights:
• Driving vehicles or carrying weapons: More than 8 years.
• Residence in specific places or approaching/communicating with the victim: More than 5 years.
• Deprivation of parental authority

Less serious sentences:

• Imprisonment: From 3 months to 5 years.
• Disqualifications: Special disqualifications and suspension from employment/public office up to 5 years.
• Fines: More than 3 months or proportional.
• Community service: From 31 days to 1 year.
• Deprivation of rights:
• Driving vehicles or carrying weapons: From 1 year and 1 day to 8 years.
• Related to animals: From 1 year and 1 day to 5 years.
• Residence, approaching or communicating with the victim: From 6 months to 5 years.

Benefits of Criminal Record Expungement

Having a clean criminal record opens important doors:

• For example, in employment opportunities, many companies require a certificate with no criminal record, especially in sectors such as private security.
• Additionally, in civil service examinations, it is essential not to have been convicted of intentional crimes with prison sentences exceeding 3 years to qualify for certain public positions.
• Also, it facilitates renting housing, as some landlords or companies require this requirement to accept tenants.
• Finally, in bank loans and credit, criminal records can hinder obtaining financing.

Expunging criminal records not only improves your chances in these areas, but also provides peace of mind and security to move forward with new projects.

Can you take civil service examinations with expunged criminal records?

In Spain, yes, you can take civil service examinations with expunged criminal records, since expunging the records eliminates their legal effect, and the person returns to a situation similar to someone who never had them. This includes the possibility of accessing public employment, except for specific exceptions.

The general regulations, such as the Basic Statute of Public Employees (EBEP), require not being disqualified from holding public office, but do not mention prohibitions based on expunged criminal records. Expungement, regulated in article 136 of the Criminal Code, implies that such records no longer appear on the certificate of