This is the fourth post in a series about European law and policy on criminal records by Professors Jacobs and Larrauri. Prior posts noted that public access is never allowed where a record has been expunged. This post discusses the types of records that are eligible for expungement, how the expungement process works, and what the effect of expungement is. (Professor Larrauri’s more detailed discussion of “judicial rehabilitation” in Europe is available here.) – Eds.
Just as there are variations in eligibility for and consequences of expungement in U.S. states, there are differences in detail in continental European countries. We focus on Spain, which we know best, though we have no reason to believe that Spain is an outlier when it comes to European countries’ law and policy. (As in most all criminal record matters, the U.K. is more like the U.S. than continental Europe, making expunged records more accessible to the public than they are on the Continent.)