Case Study – Can you appeal against a Criminal Conviction in Spain?
We received an enquiry from a client asking if a British Citizen, resident in Britain could appeal against a Spanish criminal conviction not of a serious nature. His son, then aged 19, had been on holiday in Tenerife and was not aware at the time they were in a criminal court. They said no translator was offered to them.
They have only just found out on a CRB check in the UK that he has a criminal record now in Spain, which is affecting a job he had applied for.
One of our lawyers said this:-
First of all, I need to read the sentence. Then I need to check if he was convicted and what sentence was imposed on his case.
In case of conviction, has it been fulfilled?
When that happens, after serving the sentence, the criminal process is filed and the court issues a certificate of compliance with the sentence.
It is at that time when you can request the Spanish Ministry of Justice (presenting that certificate among other documents) to proceed to cancel your criminal record in Spain.
So, if a sentence has been satisfied, such as a fine paid, or community service done (usually when someone is resident in Spain though) then yes the conviction can be cancelled so you no longer have a criminal record. If you need any help with a matter of a criminal legal nature, please contact us to discuss.