Expungement of Criminal Record

A criminal record certificate is a document issued by the Police that states any convictions that appear on file for each person who has been sentenced in any local, state, or federal court in the Commonwealth of Puerto Rico and the United States arises.

Depending on the particular circumstances of each case, an entry may be removed from the criminal record certificate. This is commonly known as “cleaning the record.” Law No. 254 of 1974, known as the Law Authorizing the Police of Puerto Rico to Issue Criminal Record Certificates, as amended, establishes the process for eliminating offenses from their criminal record, provided that the person has committed further crimes and has no additional convictions. The term established by law must have passed before a person can request the expungement of their record.

Expunging Crimes from the Criminal Record

What is the criminal record certificate used for?

The criminal record certificate is required for multiple transactions, such as applying for housing or employment. Specifically, most private companies and government entities require a criminal record certificate from any person applying for a job. It is also a requirement to receive different government benefits and assistance.

What crimes can be expunged from the criminal record?

Expungement applies to misdemeanors and certain felonies. Individuals who appear in the Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse or in the Registry of Persons Convicted of Corruption are ineligible to request the expungement of their criminal record. Once their name no longer appears in these registries, the person may request expungement.

Individuals who are serving time or have such a long sentence that makes it impossible to clear their criminal record are also ineligible to request the expungement of their criminal record. For example, a person convicted of first-degree murder who has been sentenced to 99 years in prison.

What is the procedure for expunging a criminal record?

There are several places a person can go to request that any reference to previous crimes be eliminated, as long as the requirements established by law are met. The process will depend on the crime.

Misdemeanors

• Six months must have passed since the person convicted of a misdemeanor served their sentence.
• File an application, attaching the necessary documents, with the Police Superintendent.
• The application must be filed under oath, with an affidavit signed before a notary, and include the following documents:
  • original criminal record certificate
  • certified copy of the judgment of conviction
  • certification issued by the Department of Corrections and Rehabilitation attesting that the sentence was served or a copy of the judgment of the court that states that the person has served the penalty or paid the fine imposed
  • $20.00 in internal revenue stamps
  • personal information
  • description of the crimes as they appear on the criminal record certificate
  • statement that all the legal requirements have been met, including having a good reputation in the community
  • The Police Superintendent will determine whether or not expungement is proper.
  • a copy of the letter issued by the Police Superintendent attesting to the expungement of misdemeanor charges
  • a copy of the internal revenue stamp receipt for $20.00 and of the affidavit stamped by the Police during the original misdemeanor expungement proceeding

  Felonies

  • Five months must have passed since the person convicted of a felony served their sentence.
  • File an application in the Court of First Instance, with the following documents:
    • criminal record certificate
    • certified copy of the judgment of conviction certification issued by the Department of Corrections and Rehabilitation attesting that the sentence was served or a copy of the judgment of the
    • court that states that the person has served the penalty, paid the fine imposed, or completed probation and/or rehabilitation program
    • sworn statements from two or more witnesses with knowledge of the offenses for which the person was convicted, attesting to the person’s good reputation in the community
    • certification of having provided a DNA sample for the DNA Data Bank
    • any other document necessary in support of the application
    • denying expungement (the applicant may appeal this decision with the Court of Appeals)
    • granting expungement
    • a certified copy of the resolution or order signed by the judge of the Court of First Instance ordering the expungement of the felonies or misdemeanors concerned
    • an original and copy of valid photo ID (driver’s license, ID card issued by the Commonwealth of Puerto Rico, passport)
    • original and copy of the Social Security card
    • any other supplementary document that may be required personnel of the Criminal Justice Information System Criminal Record Office of the Department of Justice
    • The decision of the court must order the Administrative Director of the Courts to remove any information in the public records and registries of the Judicial Branch.
    • If such an order is not stated, the applicant must file a motion in the corresponding Court of First Instance (in a criminal case) so that the court order the expungement of any information related to the felony offense, if legally tenable.

    What would happen if the person does not comply with the subpoena?

    The person subpoenaed must appear at the place on the date and time so indicated. Otherwise, the court may order their arrest on contempt (a crime that punishes the failure to comply with a court order) for not complying with the subpoena. When person is subpoenaed as a witness, their failure to appear before the court for any reason or due to ignorance must be explained to the court. In addition, if the person subpoenaed as a witness knows they are unable to appear, they must notify the court in advance so the necessary arrangements can be made.

    What would happen if the person subpoenaed to appear as a witness lies when they testify?

    Failure to comply with a protection order may result in a prison sentence, a fine, or both.

    Your Title Goes HereAre there rules that regulate the payment of fees or expenses to a person subpoenaed as a witness?

    governed by Law No. 338 of 1947, as amended, and the Regulations for Fixing Fees, Travel Expenses, Per Diems, and Lodging for Jurors and Witnesses in Criminal Cases. A witness may have the right to request fees, based on the available budget and under certain circumstances.

    Can a person be charged with a crime for witness tampering?

    The law prohibits tampering with any witnesses in a case. For this reason, there are certain acts that are considered crimes:

    • threatening a witness with inflicting physical harm on them, their family, or their property with the purpose keeping said witness from testifying
    • committing fraud or deceit to affect the testimony of any witness
    • preventing or persuading a person who is or may be a witness not to appear or testify
    • If a witness or someone else knows that a third party is engaging in such prohibited conduct, they may go to the Police or contact the Department of Justice.