July 2026 – Successful Correction of an Erroneous Criminal Record Entry

A positive ruling by the Misdemeanor Prosecutor was issued today, July 1, 2026, regarding our client’s request to correct an erroneous entry in his criminal record (No. 575CCP).

Specifically, the agencies that maintain criminal records issue a general-use copy and a judicial-use copy. The general-use copy includes the contents of all criminal record entries except those (No. 571 of the Code of Criminal Procedure):

A) those recording a fine, community service, or a prison sentence of up to six months, after three years have elapsed;

B) those recording a prison sentence exceeding six months or a sentence of confinement in a psychiatric facility, after eight years have elapsed;

C) that specify a prison sentence, after twenty years have elapsed.

The time limits begin from the date the sentence was served; a sentence is considered to have been served when it was converted to a fine, effective from the date the conversion amount was paid. If the conviction was not enforced, the time limits begin from the date it became time-barred. In the case in question, the client’s convictions took place between 1993 and 1997.

Nevertheless, although according to the above provisions these records should have been removed from the general-use copy, upon his request for a general-use copy of his criminal record, it was found that they had not been destroyed.

Consequently, in accordance with Article 575 of the Code of Criminal Procedure, following our request for correction, the Public Prosecutor for Misdemeanors investigated its merits and issued a favorable ruling. With regard to the request, a series of supporting documents is required, such as a certified copy of the judgment, a certificate confirming that the judgment is final and not subject to further appeal, a certificate of entry in the special register confirming that the judgment is final and not subject to further appeal, and a certificate of the statute of limitations on the enforcement of the sentence.