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: Disqualification from competitive examinations and public-sector jobs.
• 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 (from the date the penalty or security measure is extinguished):

Penalty imposed	Time limit for cancellation
Minor penalties (fine, permanent location order)	6 months
Penalties not exceeding 12 months and negligent offences	2 years
Prison sentences up to 3 years	3 years
Prison sentences from 3 to 5 years	5 years
Sentences over 5 years	10 years

Requirements for cancellation

1. Penalty extinguished: Having served the penalty in full (prison, fine, community service), including any substitute measures.
2. Civil liability satisfied: The compensation has been paid or declared time-barred.
3. No further offences: No new offences committed during the cancellation period.
4. Time period elapsed: The periods set out in Article 136 CP have run.

How to apply for cancellation

Option 1: Automatic cancellation

Since 2015, the Ministry of Justice can cancel records of its own motion when the time limits are met. In practice, however, the automatic system frequently fails 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).
• Proof of payment of the civil liability or a certificate of insolvency.

The decision is issued within 1 to 3 months.

Frequently asked questions

Are criminal records cleared automatically?

In theory, yes (since 2015). 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 time limits as any other offence. There is, however, a special gender-based violence register that may be retained for longer.

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.