What is the difference between a criminal record and a police record? How to expunge a criminal record?

Anyone who has committed a crime in the past often has the uneasiness of not knowing whether they have a criminal record that could affect them in the future. Likewise, the lack of knowledge about how to remove them from their record is very common. That is why we have decided to dedicate this article entirely to talking about what a criminal record and a police record are, what the difference between the two is, and what you need to do to get them expunged.

Criminal records: What are they?

A criminal record can be defined as all the information that appears in the so-called Central Register of Convicts and Rebels of the Ministry of Justice as a result of the sentence imposed on a person as a consequence of having committed a specific crime. In short, its main purpose is to allow the authorities to know the recent criminal history of the subject once they have served the sentence that was imposed on them in the corresponding judicial sentence.

How do you know if you have a criminal record?

Many people, some time after having committed a crime and having served the corresponding sentence, ask themselves the question of whether they have a criminal record derived from that illegal activity. In this regard, it is worth noting that there is a procedure by which it is possible to find out quickly.
The only way to check the criminal record that is still in the Central Register of Convicts and Rebels of the Ministry of Justice that we have already referred to is by filling in form 790 for the application for a criminal record certificate. This form can be found and submitted online or at the offices of the said registry.
Similarly, the application for the criminal record certificate can also be made in person at the territorial offices of the Ministry of Justice in all the Autonomous Communities. It is also possible to request it by ordinary mail. In any case, the presentation of form 790 entails the payment of a fee, which currently amounts to 3.70 euros.

How can an existing criminal record be expunged?

Fortunately for those concerned, criminal records do not remain on your record forever. In fact, once the sentence imposed has been served in its entirety, the period leading to the cancellation and elimination of the record begins. This will, of course, depend on a number of factors that will be taken into account.
Generally speaking, the factor that most affects the length of time it takes for a criminal record to be annulled and expunged is the seriousness of the offence committed, the type of conviction and the length of the sentence. For example, in the case of more serious offences such as blood crimes, the period can be up to 10 years, while in the case of more minor offences it can be as little as 6 months. In any case, the services of a criminal lawyer to analyse the specific case is the best help you can get in this regard.

Requirements for the expungement of a criminal record

In order for the criminal record to disappear from the Central Register of Convicts and Rebels of the Ministry of Justice and not affect the interests of the person who committed the crime, it is not only essential that the sentence has been served in full and that the period referred to in the previous section has elapsed. In addition, there is also the obligation to comply with the civil liability arising from the offence committed in order to obtain the annulment.
At this point, we would like to pause for a moment. It seems that, following the latest reform of the Criminal Code that came into force on 1 July 2015, the requirement to comply with the civil liability derived from the offence was eliminated. However, since it is a generalised hardening reform, this fact sounds somewhat strange, so it is advisable to be alert to possible modifications. The services of a criminal lawyer are more essential than ever in this case.