Expungement of Criminal Records in Spain

Criminal record expungement (Arts. 136 and 137 CP) is the legal procedure by which the State removes from official circulation the record of a served conviction, restoring the convicted person to the legal situation prior to the sentence. Its foundation lies in the principles of resocialization (Art. 25.2 SC), human dignity (Art. 10.1 SC), personal data protection (Art. 18.4 SC and GDPR) and constitutional doctrine on the right to be forgotten (STC 58/2018, the CJEU judgment on the right to be forgotten). Supreme Court doctrine has consolidated that expungement operates ope legis when legal requirements concur, although practical effectiveness requires express application to the Central Register of Convicts of the Ministry of Justice.

The expungement modalities present differentiated timeframes. For minor offenses, the term is 6 months; for penalties up to 12 months, 2 years; for penalties up to 3 years, 3 years; for penalties up to 5 years, 5 years; and for penalties exceeding 5 years, 10 years. Terms begin counting from the complete fulfillment of the penalty (including conditional release, replaced or suspended prison sentences and, where appropriate, satisfaction of civil liability). For minors, expungement is automatic upon reaching majority if the educational measure has been fully completed (Organic Law 5/2000). Police record expungement is independent and requires separate procedure before the General Directorate of Police or Civil Guard. Finally, records in the Central Registry of Sexual Offenders (Art. 13 Organic Law 8/2021) have a special, more restrictive cancellation regime.

The legal requirements for expungement are: (i) elapsed time without reoffending; (ii) complete fulfillment of the penalty (prison, fine, community service, accessory penalties); (iii) satisfaction of civil liability (victim compensation, costs), unless insolvency or prescription declaration; (iv) appropriate post-conviction conduct. The practical consequences of live records are severe: impossibility of access to public examinations (especially Law Enforcement, judiciary, legal profession, regulated professions), denial of weapon licenses, difficulties in public tenders, denial of residence permits and Spanish nationality, obstacles in adoption and custody, banking restrictions and communication obligations to the victim in sexual offenses.

The technical defense in expungement rests on four axes. First, exhaustive documentary verification: certification of complete penalty fulfillment issued by the sentencing body, accreditation of civil liability satisfaction, certificate from the Convicts Registry. Second, clear differentiation between criminal and police records: many administrative procedures (NIE renewal, exams, licenses) consult both registries; simultaneous expungement must be managed in both. Third, accreditation of insolvency or prescription of civil liability when appropriate. Fourth, appeals against denials: appeal to the Secretary of State for Justice and, subsequently, administrative-contentious, with constitutional coverage when rejection affects fundamental rights (Arts. 18.4 and 25.2 SC).

In current forensic practice we observe that expungement has become an increasingly strategic procedure after Organic Law 4/2015 on Citizen Security, Organic Law 3/2018 on Data Protection, Organic Law 8/2021 on Comprehensive Childhood Protection and Organic Law 1/2025 on Justice Service Efficiency. Constitutional Court case-law on the digital right to be forgotten and the CJEU judgment on the right to be forgotten have reinforced the need to articulate expungements also against search engines and platforms. At Alonso Sala, with more than 15 years of experience, we manage criminal and police record expungements coordinating necessary documentation, verifying prescribed terms, managing applications before the Central Convicts Registry, General Directorate of Police and Civil Guard, and filing necessary appeals when the Administration denies the application. Additionally, when appropriate, we articulate right to be forgotten applications before Google and digital platforms to clean the client's digital reputation.