Clearing a criminal record in Spain means having the Ministry of Justice delete a conviction from the Central Register of Convicted Persons once a set period has passed without reoffending. It is governed by article 136 of the Spanish Criminal Code, with periods running from six months for minor penalties to ten years for serious ones. Clearing it on time stops the conviction weighing for years in a new criminal procedure or in access to certain jobs and residence permits.
A note for readers used to the UK system: Spain does not use the Rehabilitation of Offenders Act or the idea of a conviction becoming “spent” automatically. The closest equivalent is cancellation (cancelación) under article 136, which is a separate process with its own rules, explained below.
What clearing a criminal record means
Having a record (antecedentes penales) means being listed in the Central Register of Convicted Persons for a final conviction. Cancellation removes that entry for legal purposes: the conviction stops appearing on the ordinary criminal record certificate and stops producing effects against third parties. It does not rewrite history or annul the judgment, but it stops the record from harming the person.
Article 136.1 frames it as a right: people who have extinguished their criminal liability are entitled to obtain cancellation from the Ministry of Justice, either automatically or on application, once the legal periods have passed without reoffending.
Requirements to clear a criminal record
Under the current wording of article 136 (reformed by Organic Law 1/2015), there are only two requirements:
- Criminal liability must be extinguished. The penalty must have been served or extinguished by one of the causes in article 130 of the Criminal Code.
- The legal period must have passed without reoffending. The period depends on the seriousness of the penalty and runs from the date the penalty is extinguished.
How criminal liability is extinguished (art. 130)
The clearance period does not start until criminal liability is extinguished. Article 130.1 lists the causes: death of the offender; completion of the sentence; definitive remission of the penalty (after a suspended sentence); amnesty or pardon; forgiveness by the victim in certain minor offences; limitation (prescription) of the offence; and limitation of the penalty or security measure. In practice the usual cause is completion of the sentence, and pinning down the exact date of extinction matters, because that date is when the clock starts.
Unpaid civil liability: the most common mistake
This is where we see the most errors, including among foreign clients. Until 30 June 2015, the Criminal Code required the civil liability arising from the offence to be paid (unless insolvency had been formally declared) before a record could be cleared, plus a favourable report from the sentencing court. The 2015 reform removed that requirement. Today article 136.1 says nothing about civil liability: a record can be cleared even if the victims have not been compensated.
Two points still matter, because outdated guides keep saying the opposite:
- The debt to the victim does not disappear. Clearing the record does not extinguish civil liability; the obligation to pay survives the deletion.
- It can still affect the timing. With a suspended sentence, failure to pay civil liability can block the definitive remission of the penalty and therefore delay the date of extinction from which the clearance period runs. The formal requirement is gone, but unpaid civil liability can still get in the way through article 130.
Time limits by seriousness of the penalty
Article 136.1 sets the periods, counted from the day after the penalty is extinguished:
| Type of penalty | Period without reoffending |
|---|---|
| Minor penalties | 6 months |
| Penalties up to 12 months and negligent offences | 2 years |
| Other less-serious penalties under 3 years | 3 years |
| Other less-serious penalties of 3 years or more | 5 years |
| Serious penalties | 10 years |
What counts as minor, less-serious or serious
The period depends on which category your conviction falls into, and that classification is set by article 33 of the Criminal Code. For prison terms:
- Serious penalty: imprisonment of more than 5 years.
- Less-serious penalty: imprisonment from 3 months up to 5 years.
- Minor penalty: no imprisonment (fines, short deprivations of rights and similar).
If you are not sure where your conviction sits, check the judgment: the category directly determines how long you have to wait.
Suspended sentences
Suspended sentences have a specific rule in article 136.2: the period does not start on the date of the judgment. Once definitive remission is obtained, the period is counted back to the day after the penalty would have been served had the suspension not applied. It is a technical point, but it brings the start date forward in the applicant’s favour.
How to apply: Form 790
Cancellation is requested from the Ministry of Justice using Form 790 (Modelo 790). It can be filed in three ways:
- Online, through the Ministry of Justice electronic office, identifying yourself with Cl@ve or a digital certificate.
- By post, to the Central Register of Convicted Persons (Cancellations unit).
- In person, at the Ministry of Justice Territorial Offices or its General Registry.
Documents you need
Alongside Form 790 it is advisable to attach: a copy of the applicant’s passport or NIE; if a representative acts, the authorisation and their ID; and details or documentation of the conviction (the court, the case number and, if available, the judicial certificate that the penalty has been served or extinguished). Providing the documented date of extinction speeds things up, because it saves the administration from having to request it from the court.
Automatic cancellation or on application
Article 136.1 allows the Ministry of Justice to cancel records automatically or on application. In theory, once the periods are met, the Register should clear the record without anyone asking. In practice it is better to apply: you do not depend on administrative inaction, and if a refusal arrives, the route to appeal stays open.
There is an extra safeguard few people know about. Article 136.5 provides that where the requirements for cancellation are met but cancellation has not happened, the court, once those circumstances are proven, shall not take the record into account. A record that should already have been cleared cannot be used against you even if the Register has not deleted it yet.
Clearing your record vs getting a criminal record certificate
These are often confused. Clearing the record (cancellation) deletes the entry under article 136. A criminal record certificate (Certificado de Antecedentes Penales) is the opposite request: a document stating what, if anything, is on your record, often needed for visas, work permits or jobs. Applying for cancellation is free; the certificate is a separate procedure that carries a fee. If what you actually need is the document and not the deletion, you are looking for the certificate, not cancellation.
Cost and timing
Applying for cancellation of a criminal record is free. Once the application is filed, the administration has a maximum of three months to decide. That period is suspended while it requests the date of extinction of criminal liability from the court (article 22.1 of Law 39/2015). If the period passes with no express decision, positive administrative silence applies: cancellation is deemed granted.
Common mistakes when clearing your record
Most problems we see come from a handful of recurring errors:
- Thinking unpaid civil liability blocks cancellation. It has not been a requirement since 2015. Believing an outdated guide can mean waiting for nothing.
- Confusing criminal records with police records. They are different registers, cleared through different channels (see below). Clearing one does not clear the other.
- Miscalculating the date of extinction. With suspended or substituted sentences, or several convictions, the start date is not obvious, and the wrong date sinks the application.
- Assuming everything clears at once with multiple convictions. Each conviction has its own period and its own start date.
- Relying on automatic cancellation. It can be slow; applying and keeping proof is safer, especially when a residence permit or nationality depends on a clean certificate.
Criminal records vs police records
This is the confusion that causes the most trouble for foreign residents.
| Criminal records | Police records | |
|---|---|---|
| Origin | A final conviction | An arrest or investigation, even without a conviction |
| Who holds them | Ministry of Justice (Central Register of Convicted Persons) | Ministry of the Interior (National Police, Guardia Civil, Mossos) |
| Legal basis for cancellation | Article 136 Criminal Code | LO 7/2021 (right of erasure, art. 23) |
They are separate registers, cleared through separate routes: deleting one does not delete the other. Someone who clears their criminal record and assumes the police record went with it often gets a surprise when applying for a certificate or a permit.
Are criminal records public?
No. Article 136.4 of the Criminal Code states that entries in the Central Register of Convicted Persons are not public. Only the person, the courts and certain authorities can access the data in the cases provided by law. In ordinary life, what is shown is the certificate the person requests.
Clearing the record of legal persons
Convicted legal persons can also clear their records, with the same periods according to the seriousness of the penalty, with one important exception: where dissolution of the company or a permanent ban on activities was ordered, the entries are not cleared until fifty years have passed (art. 136.3). It is a relevant point for compliance and corporate reputation.
What happens if you do not clear your record
While it remains uncleared, a record can block access to public employment, certain regulated professions and residence permits, a point that is especially sensitive for foreigners facing a criminal procedure in Spain. It also counts as a record and may ground the aggravating factor of recidivism in a future case. When the conviction was serious and the case reached the highest court, the date the judgment became final matters, because that date is when every period starts to run.
Frequently asked questions
Do I have to pay the civil liability to clear my criminal record?
No. Since the 2015 reform, article 136 no longer requires the civil liability to be paid before clearing a record. The debt to the victim still exists, but it does not block cancellation.
How long does it take to clear a criminal record in Spain?
The administration has a maximum of three months to decide from the application. That period is suspended while it obtains the date of extinction from the court. If it passes with no express decision, positive silence applies and cancellation is deemed granted.
Is it automatic?
The Ministry of Justice can cancel automatically once the periods are met, but in practice it is better to apply, so you do not depend on administrative inaction and can appeal a refusal. A record that should already have been cleared cannot be held against you by a court (art. 136.5).
Do I need a lawyer?
It is not compulsory. A criminal lawyer helps when an application has been refused, when the start date is unclear (suspended sentences, several convictions) or when a residence permit or nationality is at stake.
Can I work with a criminal record?
Private employers generally do not require a certificate, except for regulated professions or work with minors. Public employment and competitive exams usually do, so clearing it on time is key.
Is clearing a criminal record the same as clearing a police record?
No. They are separate registers: criminal records are held by Justice (art. 136 Criminal Code) and police records by the Interior (LO 7/2021). They are cleared through separate routes, and clearing one does not clear the other.
If your application has been refused, you are unsure about the date your penalty was extinguished, or a residence permit is at stake, review your case with a criminal defence lawyer in Spain: a mistake in the timing can cost you years.
Official source: Spanish Criminal Code, article 136 (BOE) · Cancellation of criminal records (sede.mjusticia.gob.es).
