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cancelacion de antecedentes

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00:45 Nov 5, 2008
This question was closed without grading. Reason: No acceptable answer

Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: cancelacion de antecedentes
Three years after a suspended sentence. The sentence is up, as in, the person hasn't had any more run-ins with the police and therefore is no longer under the threat of the suspended sentence. Not the same as having your criminal record cleared, I believe. I do not know what this is called in English. Thanks in advance for your help. :) For UK please.
Kate Major
Spain
Local time: 20:50
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Summary of answers provided
4 +2lapsing/cancellation of criminal record
MikeGarcia
4 +2to *expunge* his criminal record
Richard Boulter
4expiry
Phil Bird
Summary of reference entries provided
España: solicitud de cancelación de antecedentesxxxjacana54

Discussion entries: 39





  

Answers


10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
lapsing/cancellation of criminal record


Explanation:
This is using the "Spain's Spanish" sense of the expression. Can be checked with the Alcaraz Varó Hughes Legal Dictionary, page 626, term "cancelación de antecedentes penales".

MikeGarcia
Spain
Local time: 20:50
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 654

Peer comments on this answer (and responses from the answerer)
agree  Phil Bird: I would use a translation of the Spanish term here, as it is different in a UK context...
1 hr
  -> Thank you, that's the way I see it too.

agree  xxxjacana54
6 days
  -> Gracias, Lucía.....qué lío, en el Derecho Procesal Penal latino es tan fácil....// Y mis nietis están cada día más divis....
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10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
expiry


Explanation:
I would use a verb here - I'm not sure if you can use a noun. I must clarify that I'm not a lawyer - if a legal specialist posts here, take their word over mine.

Expiry seems to be used for any sentence - custodial or suspended.

The person will still have a criminal record for the conviction that lead to the sentence.

After a certain length of time the conviction can be described as "spent", which while is still recorded, does not normally need to be declared (unless you are applying to work with children or vulnerable people.. for example)

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Note added at 10 hrs (2008-11-05 11:42:42 GMT)
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sorry... having looked at this again... it seems that the system is rather different to the UK one - I'm pretty sure that this lawyer wants to get the sentence expunged and that this person no longer has a record in Spain. This would not be the case in the UK, so I would go for a translation of the Spanish term, rather than the UK equivalent.

Example sentence(s):
  • Where a person not within subsection (5) above is released from prison in pursuance of an order under this section, his sentence shall expire on his release.

    Reference: http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1982/cukpg...
Phil Bird
United Kingdom
Local time: 19:50
Native speaker of: Native in EnglishEnglish
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13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
to *expunge* his criminal record


Explanation:
This is the term used in court and in official requests that prior charges be removed from the Record, so that officials cannot use prior charges against him in future proceedings.
This is done only if the charge was later proven false.
Hope it helps you in your context.



--------------------------------------------------
Note added at 12 hrs (2008-11-05 13:36:14 GMT)
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In the U.S., as noted, expungement is for 'innocent' defendants. But the deal in 'suspended sentences', 'deferred prosecutions' , etc. is that the judge/prosecutor will allow defendant's case to be considered as innocent or never charged in return for compliance with certain conditions.
The court record is not the only one that could be used against a citizen in future prosecutions/investigations, or by future employers in hiring considerations. There are police investigation/arrest records, jail records, drug rehab center records that even the mention of in future court hearings would prejudice the defendant's case, or could otrpedo a prospective good job opportunity.
Expungement petitions in the U.S. that I have translated request that mention of the defendant's case be erased from all these and many other types of records, to prevent future prejudice against him.
This was the deal, the carrot on the stick, that the judge/prosecutor offered the defendant in return for compliance with their conditions, and it is what would be included in 'cancelacion de antecedentes' in the query term. The court orders it and all officials are expected (whether they in fact comply or not) to erase their record of the citizens case.

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Note added at 12 hrs (2008-11-05 13:42:26 GMT)
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I realize that the target country is the U.K. and the source country is Spain, so both my Answer term and the explanation of legal context and practice are just for background.
A different British legal term may be necessary for the target document, depending mostly on what is really done in Spanish legal procedures. CAN the record be expunged under Spanish law? Can other records besides those of the court (and/or the police) be ordered erased of a defendant's name and personal information, so that he/she appears as if never arrested?

Richard Boulter
United States
Local time: 12:50
Specializes in field
Native speaker of: English
PRO pts in category: 95
Notes to answerer
Asker: Hi Richard, this is the thing. As I state above, he received a suspended sentence which is now over, which means that this is not the cancellation or expungement of charges: rather, the end of a suspended sentence... Hope that helps.


Peer comments on this answer (and responses from the answerer)
agree  patinba
3 mins
  -> Thank you.

agree  RichardDeegan
13 mins
  -> Thanks.
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Reference comments


15 hrs peer agreement (net): +1
Reference: España: solicitud de cancelación de antecedentes

Reference information:
Kate,

take a look at this:

http://www.sitiosespana.com/paginas/tramites/cancelacion_ant...

xxxjacana54
Uruguay
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 108

Peer comments on this reference comment (and responses from the reference poster)
agree  Phil Bird: agree - and in English http://www.mjusticia.es/cs/Satellite?c=Collection&cid=107113...
3 days5 hrs
  -> Gracias, Phil, saludos
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