Regulations

Final dismissal (Article 637 of the Spanish Criminal Procedure Act – LECrim) entails the definitive termination of criminal proceedings without liability for the investigated person.

It is a judicial decision declaring the absence of sufficient evidence of criminality, permanently closing the case. This prevents the reopening of the proceedings.

What are the differences with provisional dismissal? (Article 641 of the LECrim)

• Provisional dismissal is a procedural measure that allows a criminal case to be temporarily closed when there is insufficient evidence to continue the investigation. Even if it becomes final, there remains the possibility of reopening the proceedings if new evidence emerges. This situation may persist for as long as the criminal action has not become time-barred.

Can I request the removal of my case from VioGén-2 with a provisional dismissal?

• No, not while the criminal action has not become time-barred.

If you have been convicted, and only if all sentences have been served, you may request the deletion of your data by providing:

• Judicial certification of completion of the sentence: A document certifying that the sentence has been fully served following a final judgment.
• Certificate of expungement of the criminal record resulting from the proceedings: Once the sentences have been served and the statutory periods have elapsed, you must request and obtain a certificate of expungement of your criminal record (not your police record) resulting from the proceedings arising from the case that led to the inclusion of your data in the VioGén System.

• Data deletion from the VioGén System is permitted only in the cases provided for by law: a final acquittal, a dismissal without prejudice, a definitive dismissal of the case, or full completion of the sentence with expungement of the criminal record.
• Non-final decisions, such as a provisional dismissal, DO NOT permit deletion.
• All requests must be accompanied by supporting court documentation.
• The deletion process does not entail the removal of data necessary for law enforcement agencies to comply with legal retention obligations, as such agencies may be subject to different regulations for public safety purposes.

Download: Data deletion request form for the VioGén system

Where can I submit it?

At any office of the National Police or Civil Guard, at the offices of the Government Delegations or Subdelegations in each province, or through the Electronic Headquarters of the Ministry of the Interior or the General Electronic Registry of the General State Administration, in accordance with the provisions of Law 39/2015 of October 1 on the Common Administrative Procedure of Public Administrations (DIR3 code: E04625302).

IMPORTANT: No acknowledgment of receipt will be issued for submissions made through any other channel.

When will I receive a response?

Requests will be answered within one month. However, considering the complexity and number of applications, the deadline may be extended by an additional two months (this circumstance will be communicated to the interested party).

If you wish to exercise your rights through a legal representative, you must provide a power of attorney.