The deadlines of article 136 of the Criminal Code
From the moment the sentence is extinguished (served) and with no new offences, records can be cleared after:
- 6 months — minor penalties.
- 2 years — penalties of up to 12 months and those for offences of negligence.
- 3 years — less serious penalties under 3 years.
- 5 years — less serious penalties of 3 years or more.
- 10 years — serious penalties.
Two nuances that change cases: the clock runs from the extinction of the sentence (not from the judgment — and if the sentence was suspended or substituted, the calculation has its own rules), and civil liability must be paid or insolvency declared. Getting the starting point wrong is mistake number one.
“It clears itself” — the half-truth that ruins cases
In theory, clearing can even happen automatically. In practice, trusting the automatism is a gamble: registers do not always purge themselves, and finding out in the middle of a hiring process or with a citizenship application already filed is the worst possible moment. The professional way: expressly apply for the clearing before the Central Register of Convicted Persons (Ministry of Justice — the clearing procedure is free of charge), wait for the decision and verify afterwards with a certificate that the register is genuinely clean.
Police records: the forgotten sibling
Different from criminal records: these are the entries for arrests and investigations kept in police files — even if there was never a conviction. They do not show on the criminal record certificate, but they can weigh in specific administrative matters. They have their own clearing route before the Ministry of the Interior, with its own requirements. A complete clean-up file reviews both registers — the difference between cleaning the façade and cleaning the house.
Why it matters (more than it seems)
- Jobs and public exams: more and more positions require a clean certificate.
- Immigration: arraigo applications and renewals weigh your record; clearing it in time can unblock a file (we explain it in our guide on records and immigration).
- Citizenship: “good civic conduct” is examined under a magnifying glass — applying with clearable records left uncleared is the most frequent avoidable refusal.
- Licences and permits (firearms, private security, taxi/VTC...).
What we do for you
We calculate your exact deadlines from your sentencing paperwork, prepare and file the application (criminal and, where relevant, police records), track the file and close it with the final certificate check. A fixed written quote after reviewing your case — and if you are not yet within the deadline, we tell you the exact date you will be, for free.
Write to us with the basic details of your conviction (judgment date, penalty and when you finished serving it) and we reply within 24–48 working hours.