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Deadlines for the Cancellation of a Criminal Record in Spain

Article 136 of the Spanish Penal Code, modified after the Reform that entered into force on July 1st, 2015, about the cancellation of criminal records in general, establishes what follows:

1.- Those convicted who have extinguished their criminal responsibility have the right to obtain from the Ministry of Justice, ex officio or at the request of a party, the cancellation of their criminal record, when the following deadlines have elapsed without having returned to offend:

  • a) SIX MONTHS for the penalties called "leves" (it could be translated as minor offense).

  • b) TWO YEARS for penalties not exceeding twelve months and those imposed for reckless crimes.

  • c) THREE YEARS for the remaining penalties called "menos graves" for less of three years

  • d) FIVE YEARS for the remaining "menos graves" penalties equal to or greater to three years.

  • e) TEN YEARS for the so called "graves" penalties .

2.- The terms referred to in the previous section will be counted from the day following the one on which the penalty is extinguished. In the case of a fine, when it is liquidated. If the fine imposed in the sentence is 3 MONTHS or less, the cancellation period will be SIX MONTHS from its fulfillment (PAYMENT OF THE FINE).

For example, if a person is sentenced for a minor offense to a fine of 2 months at a rate of 10 euros / day and the convicted person pays the fine of 600 euros on 04.04.2021; If the person does not commit any new criminal act, the cancellation period will take place on October 5th, 2021 (SIX months from the next day following the payment of the fine).

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