Oakland, CA asked in Criminal Law for Puerto Rico

Q: How do I obtain an expungement record for a criminal case in San Juan, Puerto Rico?

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2 Lawyer Answers
Nelson Jose Francisco Alvarez-Aponte
  • Criminal Law Lawyer
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using Justia. An expungement of a criminal case in Puerto Rico is a legal process by which a criminal record is eliminated as to be able to obtain a certificate of good conduct. There are various crimes that cannot be expunged ever and other crimes have certain restrictions.

Under local penal code crimes are divided into two catagories, felonys (grave) and non felonys (menos grave). A felony carries a punishment of anything over six months and one day while a non felony is punishable by anything under six months. For a non felony to be expunged you need to file a sworn document with the required evidence to the police six months after you have completed the punishment imposed. In a felony you need to file a petition in Court after five years of completing the punishment.

In both instances you will need to hire an Attorney to assist you in this matter.

If you need additional information please feel free to contact me directly.

Jose M. Rivera Santos
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Answered
  • Criminal Law Lawyer
  • Ponce, PR
  • Licensed in Puerto Rico

A: Greetings;

If you want to obtain an expungement record from a criminal case the first thing you must do is to hire an attorney. Whether we’re a felony or a misdemeanor that you want to expunge from your criminal record after finishing serving time because of a court a sentence. It involves two processes. One in that must be file through a petition in the court of origin where the case took place and another administrative process filed through another petition in the main police headquarters to retrieve other secondary records and information that will show on certain background check.

If you have any other questions on this matter and need out firms assistance, please feel free to contact us directly.

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