What is a criminal record?
The criminal record They are the official record of the sentences imposed on you by the courts.
That is, if you have committed a crime and you have been sentenced in a final judgmentthis will be reflected in your criminal record.
Criminal records are included in the Central Registry of Convicts, which is not for public consultation and which serves as support for the work of the Public Prosecutor’s Office and the State Security Forces and Corps
The following information is recorded in the Central Registry of Convicts:
- Identification data of the convicted person
- Judicial body that issued the sentence
- Victim data in situations where it is necessary
Consequences of having a criminal record
Having a criminal record has different consequences. They can be divided into 3 areas: criminal, labor and administrative.
These are the most common consequences of having a criminal record:
- Penalties: When you commit a crime and go to trial, the judges will take into account whether or not you have a criminal record. If so, the sentence may be more severe. Also, if you have a criminal record, it will be easier for you to go to prison, even if you commit minor offences.
- Labor: Having a criminal record means you will not be accepted for certain jobs, especially those in the public sector.
- Administrative: You will not be able to access some professional associations, receive scholarships or adopt minors in some cases.
How to know if you have a criminal record
This is one of the most common questions asked by those who have had problems with the law.
For find out if you have a criminal record You must request a criminal record certificate from the Central Registry of Convicts and Rebels by filling out Form 790, which you can find on the Ministry of Justice website.
This document can be requested by anyone who is of legal age and interested in it. In addition to the form, It is necessary to attach a certified photocopy of the DNI.
In any case, when you receive a final court ruling, you must bear in mind that this crime will appear in your criminal record.
How are criminal records expunged?
Can criminal records be expunged? Yes, the law provides this right for all those who have been convicted in a final judgment.
However, some requirements must be met:
- Having satisfied the civil responsibilities of the sanction: When there is insolvency recognized by the judge, it is not necessary to comply with this requirement.
- Not to reoffend within certain time periods: 6 months without committing a crime in cases of minor crimes and up to 10 years without committing crimes for the most serious cases.
To cancel your criminal record you must access the Electronic Headquarters of the Ministry of Click on the section Requeststhen in Background and select Sapplications for cancellation of criminal record registration.
You will need to identify yourself with an electronic ID, digital certificate or Cl@ve. The Ministry of Justice will examine your case to determine whether you meet the requirements.
If you cannot do it online, it is advisable to hire a lawyer to help you complete the process.
Practical cases: examples to understand it better
The concept of a criminal record can be complex if you are not an expert in law or have not experienced this circumstance.
This is a common example of a person with a criminal record:
- A person commits a minor crime, for example, theft without violence, abandonment of animals or damage caused by certain imprudences
- This person receives a complaint and is sentenced to less than 2 years in prison; the usual thing in these cases (although it depends on the crime) is not to go to jail.
- However, Since the convicted person has a criminal record, the judge decides that he must serve his sentence in prison.
- This person serves his sentence, leaves prison and reintegrates into society.
- Five years have passed and he has not committed any crime, so he requests the cancellation of his criminal record.
- The Ministry of Justice considers that the requirements have been met, so these criminal acts no longer appear in the Central Register of Convicts.
- This person could even apply for a competitive exam if he or she so wishes, since their records are no longer valid.
Each case has specific circumstances, so generalizations cannot be made.
In cases of particularly serious sentences, it will be more difficult to complete the previous process, since more years must pass. In addition, If the offender reoffends, it will be of no use to expunge his criminal record.