Is it possible to cancel the criminal record?

Is it possible to cancel the criminal record?

People with criminal records face many problems once they have served their sentences. For this reason, it is most common that when possible, you proceed to request its cancellation. This will be possible when a certain time has elapsed after the sentence imposed by the Courts has been served.

Therefore, we are dealing with a relatively frequent procedure, which will allow whoever carries it out to stop suffering some restrictions. But, of course, to proceed to the cancellation of the criminal record it will be necessary to respect certain deadlines.

What is a criminal record and what exactly does it imply?

First, you need to know what having a background means. That is, what consequences does it have for the person who has been convicted, even if he has already served his sentence. In this sense, and to get into the matter, from Dexia Lawyers, and Saray Contreras explains that "the criminal record is the official proof that a person has been firmly convicted of committing a crime." And where they will be recorded will be on the Criminal Record Certificate, more commonly known as a criminal record sheet.

Regarding the implications of having an unencumbered criminal record, Kenari Orbe, from Kenari Orbe Abogados, recalls that “the European Court of Human Rights indicates that the record cannot harm a person personally and/or judicially, nor question it his honorability ”. Furthermore, they cannot be used or exposed by third parties.

However, there are restrictions on some rights. For example, they prevent participation in popular legislative initiatives and the carrying out of some volunteer activities and scholarships, in addition to hindering access to certain social benefits. And if you have a criminal record, it will also be a problem to obtain the weapons permit, participate in guardianship, fostering or adoption processes or obtain the license to have dangerous dogs.

In addition, as "there are certain words that require the presentation of the criminal record sheet, and when any opposition is approved, it is the first thing requested."

The prescription of criminal records

Taking all of the above into account, it stands to reason that people with criminal records ask themselves if it is possible to cancel them and how to do it. In this sense, the first thing to take into account is the deadlines.

Kenari Orbe specifies that the period that must elapse from the end of serving the sentence until its cancellation becomes possible "can be from 6 months to 10 years, depending on the severity of the crime." Specifically, the 6 months apply to penalties for minor offenses, and the 2-year term is for penalties of less than 12 months and for penalties for reckless offenses. For its part, a period of 10 years is required for serious penalties.

In relation to the procedure to cancel the criminal record, González indicates that "they can be canceled ex officio, at the initiative of the Ministry of Justice itself, or at the request of the interested party." To do this, you must make an appointment at the Ministry of Justice and personally request cancellation.

Lastly, "it should be noted that the effects of criminal records are less and less, since the right to reintegration and privacy prevails over the right to advertising," as Orbe points out. https://www.pardonpartnerscanada.com/