Cancellation of criminal records

Criminal records are not public, but having a criminal record can be detrimental in certain situations:

1. On the one hand, a prior criminal record can be relevant if criminal proceedings are initiated for other, unrelated offenses. This is because, depending on the type of crime, the aggravating circumstance of recidivism may be considered, or the suspension of a subsequently imposed sentence may be denied.
2. On the other hand, in the workplace, it is possible that, in order to access certain jobs or public positions, we must provide a criminal record certificate, which lists all our background information.

Obviously, criminal records can be cancelled later, but for this to happen, the periods established in Article 136 of the Penal Code must have elapsed without the person having committed another crime:

1. 6 months for minor offenses.
2. 2 years for sentences of up to 12 months and sentences imposed for negligent offenses.
3. 3 years for the rest of the less serious penalties of less than 3 years.
4. 5 years for the rest of the less serious penalties equal to or greater than 3 years.
5. 10 years for serious offenses.

The time limits indicated above begin to count from the day on which the sentence is extinguished.

Previously, to have a criminal record expunged, the offender was required to have paid the civil damages resulting from the crime. However, the Penal Code no longer requires this.