Expungement of Police Records

1.- What are police records?

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.

2.- Can police records 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.

3.- Requirements for expunging police records

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.

1. A final acquittal has been issued
2. Final dismissal order
3. Statute of limitations for the crime or misdemeanor
4. 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.

4.- 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 attention
• Assistance throughout the 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.

IN DIEM Abogados has a team with experience in previous roles such as Magistrate-Judge, State Attorney, Prosecutor, or University Professor, which will provide you with peace of mind and security, by having the best, competitive, and highly prepared team to achieve your objectives and meet your needs.

We are at your disposal for whatever you need. You can reach us via IN DIEM Lawyers Phone (+34) 901 900 071. For emergencies, you can find us on the IN DIEM 24-Hour Emergency Lawyers Phone: (+34) 610 667 452.

Did you know that IN DIEM Lawyers offers online and urgent services?

We offer our clients the possibility of being assisted by video call or video conference, as well as by phone, according to our clients’ preference, ensuring that assistance is as personal as possible, with absolute immediacy, without the need for travel. This service is complemented by email communication, which facilitates the analysis and delivery of documentation.

Likewise, we offer urgent and 24-hour services for our companies, handling national and international contracting operations.

For more information on the Online Legal Advisory Service HERE, and for the 24-hour and Urgent Service, HERE.

Do you want to know more about IN DIEM Lawyers? Here’s a short presentation video…

You can find us in Seville, Madrid, Las Palmas de Gran Canaria, Malaga, Tomares, Coria del Rio, Dos Hermanas, Mairena del Alcor, Estepona, Marbella, Mairena del Aljarafe… it will be a pleasure to assist you…!!