What is a criminal record?
Police records are personal data processed by the competent authority, in accordance with Organic Law 7/2021, of May 26, on the protection of personal data (LOPDP), which are stored in a file of persons of police interest (PERPOL file) and are obtained without the consent of the affected person.
Unfavorable police records derive from acts classified in the Penal Code as crimes or misdemeanors, or from administrative acts that have led to the initiation of proceedings (by FCSE) and their subsequent referral to Judicial or Administrative Authorities.
Can a criminal record be expunged?
The answer is yes. The expungement or suppression of personal data held in police files can be agreed upon ex officio or at the request of the interested party. This is a right recognized for citizens by the LOPDP regarding the processing of their personal data, and its exercise is not a prerequisite for exercising another right, such as data rectification.
- Personal data will be suppressed ex officio by the data controller when it determines that its retention is no longer necessary for the purposes of preventing, detecting, investigating, and prosecuting criminal offenses or executing criminal sanctions.
- Suppression at the request of the interested party will be decreed in cases where the Judicial Authority has issued a conviction against the applicant, with the prior suppression of criminal records derived from said conviction being mandatory.
Requirements for Expunging a Criminal Record
The interested party may exercise the right to suppress their data, which will be suppressed if there is a legal obligation to do so or if they believe that the processing of their data infringes the law.
- Cases in which there is an obligation to suppress the interested party’s data.
- A final acquittal has been issued
- Final dismissal order
- Statute of limitations for the crime or misdemeanor
- 5 years have passed since the date of the administrative infraction.
However, requests may be denied in whole or in part if necessary to: achieve the objectives of investigations, protect public safety, and the rights and freedoms of other persons.
How can we help you?
At IN DIEM Abogados, we have the best criminal law experts in procedures such as the expungement of police records, guaranteeing at all times an unwavering defense of our client’s interests.
From IN DIEM, we can process your request online and directly send the suppression form to the PERPOL file manager.
Contact IN DIEM Abogados 24 hours a day, any day of the week, without obligation.
We guarantee the best possible outcome, whatever your case.
- Personalized and professional service
- Assistance throughout the entire judicial process
- 24-hour contact with your expert criminal lawyer
- Absolute confidentiality
Author: Jaime Asencio Monteagudo.
Lawyers specializing in Expungement of Police Records | In Diem: Malaga, Marbella, Seville, Madrid, Las Palmas de Gran Canaria, Almeria, Huelva…
IN DIEM Abogados has extensive experience and a high degree of specialization in the area of Criminal Law, related to procedures such as the Expungement of Police Records, offering clients the necessary advice at all times.
Abogados IN DIEM has a team with experience in roles such as magistrate, state attorney, prosecutor, and university professor, which will give you peace of mind and confidence, knowing you have the best team—one that is competitive and highly qualified to achieve your goals and meet your needs.
We are at your disposal for whatever you need. You can reach us through the IN DIEM Lawyers Telephone (+34) 901 900 071. In cases of Emergency, you have us at the 24-Hour Emergency Lawyers Telephone IN DIEM: (+34) 610 667 452.
Did you know that Abogados IN DIEM offers online and expedited services?
We offer our clients the option of receiving assistance via video call or videoconference, as well as by phone, depending on their preference, so that the assistance is as personalized as possible, provided immediately, and without the need to travel. This service is complemented by communication via email, which facilitates the review and delivery of documentation.
In addition, for businesses and individuals, IN DIEM Abogados offers urgent services and 24-hour support for matters that require a quick response.
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You can find us in Seville, Madrid, Las Palmas de Gran Canaria, Málaga, Huelva, Punta Umbría, Tomares, Coria del Río, Dos Hermanas, Mairena del Alcor, Estepona, Marbella, and Mairena del Aljarafe. We look forward to serving you.
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