EXPUNGEMENT OF CRIMINAL RECORDS

A conviction for the commission of a crime generates a criminal record. That is to say, after conviction by a final sentence for the commission of a crime, this is officially recorded in the Central Register of Convicted Persons, in which all final decisions for the commission of a crime issued by the Courts are registered.

Criminal records are not public, but having a criminal record can be detrimental in certain situations. What are the consequences for a person with a criminal record?

1. On the one hand, the existence of a criminal record may be relevant if a criminal proceeding is initiated for different facts. Depending on the type of crime, the aggravating circumstance of recidivism may be considered, or the suspension of the execution of a subsequently imposed sentence may be denied.
2. On the other hand, in the labor field, it is possible that, in order to access to certain jobs or public positions, we must provide the criminal record certificate, which contains all our records.

Is it possible to expunge a criminal record? Obviously, the criminal record can be expunged at a later date, but in order to do so, the time periods established in art. 136 of the Penal Code must have elapsed without the person having reoffended:

1. 6 months for minor penalties.
2. 2 years for sentences of up to 12 months and sentences imposed for reckless offenses.
3. 3 years for the rest of the less severe 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 penalties.

The periods indicated above begin to run from the day on which the penalty is extinguished.

Previously, in order to proceed with the cancellation of the criminal record, the guilty party was required to have paid the civil liability derived from the crime. However, this requirement is no longer required by the Penal Code.

Finally, criminal records must be distinguished from police records, which are those that are recorded by the State Security Forces and Corps and arise when a person is arrested, regardless of whether he or she is finally convicted or acquitted. Police records may also be expunged.