Serving your sentence does not wipe your criminal record. It stays on file for a while and resurfaces at the worst moment, in a job interview, in a public competitive exam or when renewing a permit, until it is expunged. And it is not always expunged on its own, nor on the day one thinks.
A criminal record and a police record are not the same thing
It is worth starting there, because they are confused. A criminal record is generated by a final conviction and is held in the Central Register of Convicted Persons, under the Ministry of Justice. A police record consists of the files the police draw up from arrests or investigations, and follows its own rules. When people talk about “clearing their record”, they almost always mean the criminal one, which is what appears on a criminal record certificate.
When it can be expunged
Expunging is not automatic on the day the sentence is served. Two things are needed. One, having satisfied the civil liability arising from the offence, except in the case of declared insolvency. The other, that a period passes without reoffending. That period depends on the seriousness of the sentence imposed, and article 136 of the Criminal Code sets it on a sliding scale, from six months for minor penalties up to ten years for serious ones, with intermediate bands for less serious penalties according to their length.
The period runs from when the sentence was extinguished, that is served, and not from the judgment. And if a new offence is committed during that time, the calculation is affected. That is why the exact moment at which you can expunge depends on your particular case, and it is worth working it out carefully before applying.
How to apply
Once the requirements are met, expunging can be requested from the Ministry of Justice, and in many cases the system carries it out automatically when the conditions are in place. In practice it does not always happen when it should, and it is not unusual for a record that already met the time limit to keep appearing on a certificate because it was never processed. Checking whether expunging is due and, where appropriate, formally applying for it is what stops a certificate from playing a nasty trick on you at the worst moment.
Why it matters that it is expunged
An expunged record no longer appears on the ordinary criminal record certificate, the one usually required for a job or a formality. Moreover, expunged records, or ones that should have been expunged, must not be taken into account as an aggravating circumstance of recidivism in later proceedings. Whether they appear as expunged or not is not a bureaucratic detail, but something with real consequences, both in working life and in any future case.
At the firm we review the state of your record, work out whether expunging is already due and process it from criminal law. If you do not know whether your record should already be expunged, you can write to us from the contact page.
Frequently asked questions
How long does it take to expunge a criminal record?
It depends on the sentence. Article 136 of the Criminal Code sets sliding time limits, from six months for minor penalties up to ten years for serious ones, with intermediate bands for less serious ones according to their length. The period runs from when the sentence was extinguished, not from the judgment, and requires not having reoffended.
Is a record expunged automatically or do I have to apply?
In many cases the system expunges it automatically once the conditions are met, but it does not always happen when it should. It is not unusual for records that already met the time limit to keep appearing. That is why it is worth checking and, where appropriate, formally applying for the expunging.
Does an expunged record show on the criminal record certificate?
Not on the ordinary certificate required for a job or a formality. Moreover, expunged records must not be counted as an aggravating circumstance of recidivism in later proceedings.
What is the difference between a criminal record and a police record?
A criminal record derives from a final conviction and is held in the Central Register of Convicted Persons. A police record consists of files the police draw up from arrests or investigations and follows its own rules. The criminal record certificate reflects the former.