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How do you request the cancellation of criminal records?

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發表於 2024-3-14 16:53:01 | 顯示全部樓層 |閱讀模式

The cancellation of criminal records can be carried out ex officio or at the request of the data subject. Applicants must complete an application that includes the following essential details: Name and surname. Filiation. Location. Province and date of birth. Document proving identity. Address, mobile phone number or email address for notifications. It is recommended to attach a certificate of completion of sentences to expedite the cancellation of criminal records, although it is not mandatory. The Ministry of Justice offers an application model , but you can submit a simple document with all the necessary information. The cancellation is not public, so identity must be validated with updated documentation, and the procedure can be carried out in person, by mail or through an authorized representative. In the latter case, verification of the representative's identity is required, but the applicant remains responsible for proving his or her identity.

Resolution deadline The maximum period to resolve and notify the cancellation of criminal records is 3 months , and may be suspended if the report from the court or tribunal on the requirements is missing, mandatory according to Royal Decree 95/2009. The court or tribunal has 2 months to issue the report after receiving the file; If there is no resolution at the end of the term, the cancellation is considered to have been accepted. Frequent DM Databases questions What happens if I have a sentence but with multiple convictions? When a sentence addresses multiple convictions for different crimes, it is essential to consider the term of the most serious sentence when analyzing the requirements for expungement. Once the time established for the most severe sanction has elapsed, the procedure to cancel the criminal record can begin. What are the benefits of expunging criminal records? The benefits of expunging criminal records are crucial for the daily lives of citizens and foreigners.



These include the possibility of accessing jobs in the Public Administration, preventing conflicts in the job search, avoiding penalties for recidivism in new crimes, avoiding obstacles in residency applications for foreigners and facilitating registration in various colleges, such as the Bar Association. . Expungement offers opportunities and alleviates possible complications in various aspects of daily life. Who can request the cancellation of criminal records? The cancellation can be carried out by the Administration, ex officio , once it has verified that the requirements for it have been met. The reality is that this assumption is rare. The interested party may also request it , by himself or through a representative. This is the most common scenario. In fact, it is common for citizens to contact specialized lawyers to assist them in this process. In order to do this, it will be necessary to grant a specific power of attorney to expunge criminal records on your behalf.
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