Deadlines for cancellation of criminal records
With the last change of the Penal Code, the cancellation terms have increased in some cases, being as follows:
a) Six months for light sentences.
b) Two years for sentences that do not exceed twelve months and those imposed for reckless crimes.
c) Three years for the remaining less serious sentences of less than three years.
d) Five years for the remaining less serious sentences equal to or greater than three years.
e) Ten years for serious penalties.
As you can see, the time for cancellation depends on the type of penalty (minor, less serious up to 12 months, less serious and serious); The first thing would be to understand what kind of penalty your sentence would be included in, so again you will have to read the sentence and see if the sentence that has been imposed on you is estimated as a light penalty, less serious, serious, etc. .
How are the penalties established by law classified?
Article 33 of the Penal Code shows which penalties are included in each of the groups, described below:
A) Serious penalties:
1. Imprisonment of more than five years.
2. Special disqualifications for more than five years.
3. Absolute disqualification.
4. Suspension from employment or public office for more than five years.
5. Deprivation of the right to drive motor vehicles and mopeds for more than eight years.
6. Deprivation of the right to possess and carry weapons for more than eight years.
7. The deprivation of the right to reside in certain places or go to them, for more than five years.
8. Prohibition from approaching the victim or those of her relatives or other persons determined by the judge or court, for more than five years.
9. The prohibition to communicate with the victim or with those of her relatives or other persons determined by the judge or court, for more than five years.
10. The deprivation of parental authority.
B) Less serious penalties:
1. Prison from three months to five years.
2. Special disqualifications up to five years.
3. Suspension from employment or public office for up to five years.
4. Deprivation of the right to drive motor vehicles and mopeds from one year and one day to eight years.
5. Deprivation of the right to own and carry weapons from one year and one day to eight years.
6. The deprivation of the right to reside in certain places or go to them, for a period of six months to five years.
7. The prohibition to approach the victim or those of her relatives or other persons determined by the judge or court, for a period of six months to five years.
8. The prohibition to communicate with the victim or with those of his relatives or other persons determined by the judge or court, for a period of six months to five years.
9. The fine of more than two months.
10. The proportional fine, whatever its amount, except as provided in section 7 of this article.
11. Works for the benefit of the community from 31 to 180 days.
12. Permanent location from three months and one day to six months.
13. The loss of the possibility of obtaining subsidies or public aid and the right to enjoy tax or Social Security benefits or incentives, whatever their duration.
C) Light penalties:
1. Deprivation of the right to drive motor vehicles and mopeds from three months to one year.
2. Deprivation of the right to possess and carry weapons from three months to one year.
3. The deprivation of the right to reside in certain places or go to them, for less than six months.
4. The prohibition to approach the victim or those of his relatives or other persons determined by the judge or court, for a period of one month to less than six months.
5. The prohibition to communicate with the victim or with those of his relatives or other persons determined by the judge or court, for a period of one month to less than six months.
6. The fine from 10 days to two months.
7. Permanent localization from one day to three months.
8. Works for the benefit of the community from one to 30 days.
Once this has been verified, you will know if in the sentence you have been sentenced to a crime considered a serious, less serious or light penalty.
We also want to highlight that there are a series of illegal activities that can be punished with different penalties. An example would be driving a vehicle under the influence of alcoholic beverages, where for the same act you are sentenced to a fine and to withdraw your driving license.
Deadlines to cancel the criminal record:
1.- What term is there to cancel a sentence of prohibition to approach the victim for 5 years and one day?
This type of sentence is typified as a serious sentence, which means that the convicted person would have to wait ten years from the expiration of the sentence, as long as during this period the defendant has not committed a crime.
2.- What term is there to cancel a sentence of one year in prison?
When a sentence results in a prison sentence of one year, it implies an extension of twelve months and five days (365 days are computed as twelve months plus 5 days), which means in practice that the term of cancellation will be three years if it exceeds 12 months.
3.- What is the term to cancel a sentence of four months of fine and for which you have also been sentenced to eighteen months of withdrawal of the driving license?
In this situation there are two different penalties. The penalty of four months of fine is a less serious penalty and since it is less than twelve months, it has a cancellation period of two years from when you pay the fine.
Focusing on the second penalty included in the sentence, "he sentenced to the withdrawal of the driving license for 18 months"; It is a less serious penalty, but since it exceeds the 12 months imposed and is less than 3 years, the cancellation period would be three years from the expiration of said penalty.
attention: To cancel the criminal record of this crime (two sentences), the terms of each one of them will be counted from the day following that in which the last of the sentences had been extinguished.
4.- What term is there to cancel a sentence of 30 days of work for the benefit of the community?
This conviction is considered a light sentence, and therefore the term for cancellation of the criminal record will be six months from the expiration of the sentence (completion of work).
Also, say that in cases where, despite meeting the requirements for the cancellation of criminal records, it has not taken place, the judge or court, accredited such circumstances, will order the cancellation and will not take into account said records.
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