How to Expunge a Criminal Record in Spain (Foreigners)

Someone convicted by a Spanish criminal court who is also a foreign national usually faces a double worry: clearing their history and making sure that conviction does not complicate their residence, nationality or travel. The good news is that expungement works the same way regardless of nationality. This article focuses on what is genuinely specific to a foreigner; if you are looking for the general step-by-step procedure, we set it out in our guide to clearing a criminal record. As criminal defence lawyers, we explain the periods, the effects and the certificates.

The same rules for foreigners and Spaniards

A criminal record is the record of final convictions registered in the Central Register of Convicted Persons (Registro Central de Penados) at the Ministry of Justice. If a Spanish court convicts you, that conviction is registered regardless of your nationality, and its expungement is governed by Spanish law on exactly the same terms as for a Spanish citizen. Article 136 of the Criminal Code, which sets the periods, contains no separate rule based on nationality.

The substantive requirements are therefore identical: the sentence must have been served, civil liability must have been settled (or declared unpayable or time-barred), and no new offence may have been committed during the expungement period. What truly sets the foreigner apart is not the requirements but the knock-on consequences we look at below.

Expungement periods (Article 136)

Article 136 of the Criminal Code sets the periods, counted from the moment the penalty or security measure has been served:

Penalty imposed	Expungement period
Minor penalties (fines, permanent location)	6 months
Penalties up to 12 months and negligent offences	2 years
Prison up to 3 years	3 years
Prison from 3 to 5 years	5 years
Penalties over 5 years	10 years

The periods are mandatory minimums and cannot be shortened: there is no early expungement and no "pardon" of a record. Although since 2015 expungement can take place automatically once the periods are met, in practice the automatic system frequently fails. So if you need a clean certificate for an immigration procedure or a visa, the prudent course is to apply for expungement expressly rather than trusting that it will happen on its own.

Effects on residence and nationality

This is where a criminal record really weighs on a foreigner. Immigration and nationality rules assess the applicant's conduct, so an active conviction can become an obstacle at key moments:

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

The practical rule is clear: expunge the record as soon as the Article 136 periods are met, and do so far enough in advance of any immigration or nationality procedure, to remove that element of uncertainty. Each file is individual and depends on the type of offence, the penalty and all the circumstances, so it is worth reviewing it with a lawyer before submitting the application.

The criminal record certificate for visas

Many countries require a criminal record certificate to process stay, work or residence visas (among others, the United States, Canada or Australia). In Spain it is issued by the Ministry of Justice and reflects only final convictions registered in the Central Register of Convicted Persons.

Two points that matter for foreigners:

• Legalisation or Apostille. For the certificate to be effective before foreign authorities, the Hague Apostille (or legalisation, depending on the country) is usually required, and in many cases a sworn translation.
• It reflects only final convictions. If a case ended in dismissal or acquittal, it does not appear on the certificate. And if your record has already been expunged, the certificate will come out clean — which is precisely the point of obtaining expungement before requesting it.

A criminal record and police records are not the same

This is a very common confusion, and for a foreigner it can cause needless alarm. Two distinct registers should be kept apart:

• Criminal record. Held in the Central Register of Convicted Persons and created only by a final conviction. It is what the Ministry of Justice certificate reflects and what is expunged under Article 136.
• 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.

This has an important consequence: an arrest that did not lead to a conviction creates no criminal record and does not appear on the certificate requested for a visa. Dismissed complaints and acquittals likewise create no criminal record. We explain how to check and, where appropriate, seek rectification or deletion of both in our guide on how to check and clear your records.

How to apply from inside or outside Spain

The safest route is an application on the party's own initiative before the Central Register of Convicted Persons, rather than waiting for automatic expungement. It usually includes:

• The applicant's identity document or passport.
• A certificate that the sentence has been served, issued by the court that handed down the judgment.
• Proof of payment of civil liability, or a certificate that it cannot be paid or is time-barred.

You do not need to live in Spain to process it: it can be pursued from abroad, usually by granting power of attorney to a lawyer in Spain, which avoids travel and speeds up obtaining the clean certificate afterwards. Once expungement is granted, the criminal record certificate will show a history free of convictions.

How we can help

At Alonso Sala Abogados we assist foreign clients in expunging their criminal records in Spain: we check the Article 136 periods that apply to your case, gather the documentation, file the application before the Central Register of Convicted Persons and arrange the clean certificate, with its Apostille and translation where the procedure requires it. We work exclusively in criminal law and also act for clients from outside Spain by power of attorney.