When applying for, modifying or renewing nationality, one of the most common reasons for denial is the lack of good social behavior.
One of the steps that must be taken during the processing of the application is the verification of the applicant's data. This procedure will always require a report from the Central Registry of Convicts and Rebels of Spain and another from the General Directorate of the Police and the Civil Guard stating whether the applicant has a criminal record. Both reports will be required regardless of where the file is presented, which may be at the Immigration Office or at the Ministry of Justice. There are two types of records:
- Penalties: These are those that have their origin in a final conviction.
- Police: They are those that arise when practicing police proceedings such as being arrested because of having committed an illegal or criminal act ensuring the provision of the competent judicial authority.
How is a criminal record expunged?
Article 136 of the Criminal Code regulates the possibility of cancellation of a criminal record ex officio or at the request of the interested party. The cancellation, in any case, will be granted by the Ministry of Justice. The requirements are:
- Previous favorable report from the Judge who issued the conviction.
- Criminal liability must be extinguished.
- The convicted person must not have committed any other crime within the time limits established in art. 136.2 PC.:
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- Six months for minor penalties.
- Two years for sentences not exceeding twelve months and those imposed for reckless offenses.
- Three years for the remaining less serious penalties of less than three years.
- Five years for the remaining less serious penalties equal to or greater than three years.
- Ten years for serious penalties.
The computation of these terms begins on the day following the day on which the sentence is extinguished. And it will be interrupted by the commission of new crimes during its course.
Once compliance with the requirements has been verified, the Law obliges the applicant to submit an application form, which must contain the applicant's current data. (name and surname, affiliation, date of birth, cell phone, e-mail, ID number...). To expedite the resolution it is advisable to attach the certificate of completion of sentences, issued by the competent court or tribunal.
Likewise, the Penal Code establishes that this procedure is not public, therefore the applicant with a criminal record must prove his identity with the relevant documentation in force. (ID card or passport). Also, it may be done in person at the Ministry of Justice, by mail or through a duly accredited representative.
The processing period is three months, and once a decision has been made, the administration will notify the applicant by mail to the address provided in the application. If no reply has been received after this period of time, it is it is understood that the application has been accepted..
The resolution period may be suspended when it is necessary to obtain information from the judicial body regarding the date of extinction of criminal liability, in accordance with the provisions of Article 22.1 of Law 39/2015 of the Common Administrative Procedure of Public Administrations.
How is a police record expunged?
When cancelling this type of record, the person who made the arrest must be taken into account. (Civil Guard or National Police) to know where you should go, as the cancellation in the wrong body will not be effective.. The cancellation can be made:
- Ex officio: In this case, the statute of limitations established in article 136 PC will be taken into account.
- At the request of a party: This takes place when, once a conviction has been handed down by the Judicial Authority, it is necessary to previously cancel the criminal record originating from said conviction so that it can be executed. The cancellation will be made in the Central Registry of Convicted Persons of the Ministry of Justice.
- Annulment: It occurs in those cases in which the Judicial Authority agrees by resolution the acquittal, the free dismissal or the closing of the proceeding. The annulment can also be determined when in the course of five years, from the date on which the criminal liability was extinguished by definitive remission, no unfavorable data is incorporated in the file, even if the sentence is a conviction.
To exercise the right of cancellation, you must fill in the form with all the applicant's current data. (affiliation, current address and the record to be expunged (). In addition, a photocopy of the valid ID card or passport will be required, as well as a certificate of the corresponding Judicial Authorities that accredits the resolution relative to the antecedents to be cancelled and the authorization to obtain the certificate of criminal record in the Registry of Convicted Persons of the Ministry of Justice.
In the case of administrative sanctions, the certification of the competent administration or an attested copy of the same will be necessary in order to accredit the payment of the fine and the extinction of the responsibility that originated the antecedents. It will also be necessary, in the event that the application is derived from a criminal record, the certificate of the corresponding Judicial Authorities or certified copy of the same one that proves the completion and the firmness of the procedure related to the antecedents that are wished to cancel.
If the applicant is represented by his representative, a specific power of attorney will be required to exercise the right of cancellation. Once the application has been filled in and the relevant documents have been gathered, the following will be addressed to those responsible for the General Directorate of the National Police or the Civil Guard.
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