Criminal Records: How to Clear Them and How Long It Takes (2026)

A criminal record is the entry of final criminal convictions held in the Central Criminal Records Registry at the Ministry of Justice. Having a record can prevent you from accessing public-sector employment, obtaining certain licences (such as those for firearms or private security) and even travelling to certain countries. The good news is that criminal records can be cleared. As specialist criminal lawyers in criminal record cancellation, here we explain how.

What are criminal records?

They are the official record showing that you have been convicted of an offence by final judgment. They are entered automatically in the Central Registry of Convicts and Fugitives and appear on the criminal record certificate issued by the Ministry of Justice.

Warning: A criminal record is NOT generated by:

• Police arrests with no subsequent conviction.
• Complaints that have been closed or dismissed.
• Acquittals.
• Preliminary investigations with no trial.

Consequences of having a criminal record

• Public-sector employment: May close off some competitive examinations; a disqualification penalty bars public employment or office while it lasts (Arts. 41 and 42 CP).
• Private security: You cannot work as a security guard, bodyguard or security manager.
• Firearms licence: Refused or revoked.
• Adoption: May prevent adoption or fostering.
• Immigration: May affect renewal of residence or applications for Spanish nationality.
• Travel: Some countries (USA, Canada, Australia) require a criminal record certificate for the visa.
• Repeat offender aggravation: If you commit another offence, the record aggravates the penalty (Article 22.8 CP).

When can they be cleared?

Article 136 of the Spanish Criminal Code (CP) sets out the time limits for cancellation (counted from the day after the penalty is extinguished, Article 136.2 CP):

To work out the exact date on which your record can be cancelled, you can use our criminal record expungement calculator, which applies the Article 136 CP time limits to the penalty imposed in your case.

How to Expunge a Criminal Record in Spain, Step by Step

Putting the time limits and the application procedure together, clearing a criminal record follows a set order. This is the practical route from sentence to clean certificate:

1. 1. Locate the court reference: identify the criminal court that handed down the judgment and the date on which the penalty was extinguished — this is the starting point for every deadline under Article 136 CP.
2. 2. Request the certificate of extinction of the penalty: ask the sentencing court for a certificate confirming that the sentence has been extinguished (served in full, including any parole period, or remitted after a suspension).
3. 3. Let the Article 136 CP period run: count the applicable time limit — 6 months, 2, 3, 5 or 10 years depending on the penalty, as set out in the table above — from the date the penalty was extinguished, without committing a new offence in the meantime.
4. 4. Submit the application: file it with the Central Criminal Records Registry either online through the Ministry of Justice's electronic office (with a digital certificate, electronic DNI or Cl@ve), in person with a prior appointment, or by post to the Registry's Madrid office, attaching the national ID and the certificate of extinction of the penalty.
5. 5. Wait for the decision: the Ministry must decide within 3 months; if it is favourable, the cancellation is entered directly, and if there is no decision in time the application is deemed rejected and can be challenged before the administrative courts (Art. 19.2 of Royal Decree 95/2009).
6. 6. Request an updated certificate: once the cancellation has been entered, request a new criminal record certificate to confirm that the conviction no longer appears before using it for a job, a competitive examination or a visa.

Requirements for cancellation

1. Criminal liability extinguished: Every penalty imposed (prison, fine, community service…), whether by serving it, final remission after a suspended sentence, a pardon or another legal ground.
2. No further offences: No new offences committed during the cancellation period.
3. Time period elapsed: The periods set out in Article 136 CP have run.

Since the reform made by Organic Law 1/2015, in force from 1 July 2015, Article 136 CP no longer requires the civil liability to have been paid for a record to be cancelled.

How to apply for cancellation

Option 1: Cancellation of the Ministry's own motion

Article 136.1 CP provides for the Ministry of Justice to cancel records of its own motion when the time limits are met. In practice, however, this does not always happen and many records are not cleared when they should be.

Option 2: Application on the party's initiative

The safer route. A written application is submitted to the Central Criminal Records Registry, together with:

• The applicant's national ID card or passport.
• Certificate of extinction of the penalty (from the court that handed down the judgment).

The Ministry must decide within 3 months; if it does not, the application is deemed rejected and can be challenged before the administrative courts (Art. 19.2 of Royal Decree 95/2009).

Foreign nationals: the same periods, a heavier impact

Article 136 CP draws no distinction based on nationality. If a Spanish court convicts you, the conviction is entered in the Central Criminal Records Registry and is cleared on exactly the same terms as for a Spanish citizen: sentence served and no new offence during the period. What changes for a foreign national is not the requirements but the knock-on consequences of an active record:

• Residence renewal. A record is a factor the authorities weigh when deciding a renewal or a change of status. It does not operate mechanically, but it can complicate the file.
• Spanish nationality application. A grant requires proof of good civic conduct, and the record is examined as part of that assessment. An uncleared conviction can count against the decision.
• Other procedures. Authorisations, family reunification and any procedure in which a criminal record certificate is requested.

The practical rule is to apply for cancellation as soon as the Article 136 CP periods are met, and far enough ahead of any immigration or nationality procedure. You do not need to live in Spain to do it: the application can be pursued from abroad by granting power of attorney to a lawyer here, which avoids travelling and speeds up obtaining the clean certificate afterwards. Each file is individual and depends on the offence, the penalty and the surrounding circumstances, so it is worth reviewing it before filing.

The criminal record certificate for a visa

Many countries require a criminal record certificate to process stay, work or residence visas (the United States, Canada and Australia among them). In Spain it is issued by the Ministry of Justice and reflects only final convictions entered in the Central Criminal Records Registry. Two points matter:

• Apostille or legalisation. For the certificate to have effect before a foreign authority, the Hague Apostille (or legalisation, depending on the country) is usually required, and in many cases a sworn translation.
• It reflects final convictions only. If the case ended in dismissal or acquittal, nothing appears. And once your record has been cleared, the certificate comes out clean — which is precisely the point of obtaining cancellation before requesting it.

A criminal record and police records are not the same

This is a common confusion and a frequent source of needless alarm. Two distinct registers should be kept apart:

• Criminal record. Held in the Central Criminal Records Registry, which only records final decisions for the commission of an offence that impose penalties or security measures (Art. 2.3(a) of Royal Decree 95/2009). The convictions recorded there are what the Ministry of Justice certificate reflects and what is cleared under Article 136 CP.
• Police records. Internal files held by the security forces, with restricted access, which may include arrests or investigations even where no conviction was handed down. They do not appear on the criminal record certificate.

The consequence matters: an arrest that did not lead to a conviction creates no criminal record and does not show on the certificate requested for a visa. Dismissed complaints and acquittals likewise create none.

Frequently asked questions

Are criminal records cleared automatically?

In theory, yes: Article 136.1 CP provides for cancellation of the authorities' own motion. In practice, the automatic system frequently fails. If you need a clean certificate for a public examination or a trip, do not rely on it: apply expressly.

Can I apply for cancellation early?

No. The time limits cannot be extended or reduced. There is no early cancellation and no pardon for criminal records.

Are records for gender-based violence cleared in the same way?

Yes, they are cleared under the same Article 136 CP time limits as any other offence. The conviction is also entered in the Central Registry for the Protection of Victims of Domestic and Gender-Based Violence, which is not public either (Art. 2 of Royal Decree 95/2009).

If you first need to check what is actually on your record, or to request the certificate itself, see how to check and obtain your criminal record certificate.

At Alonso Sala, we handle criminal record cancellation procedures. If you need a clean certificate for a job, a competitive examination or a trip, call us on +34 91 078 65 74.