What is police registration for?

Types of police record

The criminal record is the official record that a person has been sentenced with a final judgment for a crime, due to an exhaustion of all possibilities of appeal, also because the convicted party had not filed in time and form such appeal against the conviction or because the judicial sentence in second or third instance, confirmed it as guilty, and is predictable on facts that are of criminal offense qualified as crimes in general, which should also include misdemeanors.

The criminal record cannot have a lifetime duration but must be limited in time and therefore be cancelled, ex officio or at the request of the interested party, when certain requirements established by the Penal Code of each country are met.

A complaint is a criminal record

Rational indications of suspicion constitute a lesser degree of suspicion. This means that there are concrete circumstances that indicate in a certain way that the person has committed an offense corresponding to the suspicions.

Well-founded suspicions constitute a higher degree than suspicions. Suspicions against a person arise in an objective assessment considered to be founded and are based on the evidence in the particular case.

The question here is whether a conviction can be expected from the court, based on objective grounds. The prosecutor will assess whether there are sufficient grounds to prosecute a person.

If there are grounds to arrest someone, a police officer may take a decision to apprehend a person in urgent cases. The apprehended person shall be questioned as soon as possible and then the prosecutor shall immediately decide whether the suspect shall be detained. If the suspect is not apprehended, the decision to apprehend is immediately revoked.

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How to find out if I have a police record

You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if you are asked to identify yourself.

You are not required to give permission to be searched on your person or your belongings, but the police may search your clothing if they suspect you have a weapon. You should not physically resist, but you have the right to refuse permission for further searches. If you consent, this may harm you later in a court of law.

If a police or immigration agent asks to search the inside of your car, you may refuse permission.  However, if the police believe your car contains evidence of a crime, they can search it without your permission.

Both drivers and passengers have the right to remain silent.  If you are a passenger, you may ask if you are free to leave. If the officer says yes, remain seated quietly or leave calmly. Even if the officer says no, you have the right to remain silent.

How do I know if I have a police record with my ID card?

Both Royal Decrees were in turn modified by Royal Decree 209/2003, of February 21, which regulates the registers and telematic notifications, as well as the use of electronic means for the substitution of the provision of certificates by citizens.

This order addresses the creation of the aforementioned Electronic Registry, configuring it as a Registry Office of the Department in the General Directorate of the Police and the Civil Guard, National Police Corps area, at the same time enabling it for the reception or exit of requests, writings and communications related to certain procedures, expressly determined in its annex, which are the competence of the aforementioned Corps in accordance with the provisions of paragraph a) of section 1 of article 12 of the Organic Law 271986, of March 13, of the Security Forces and Corps.

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Given the technical peculiarities that arise in a Registry of this nature and in order to guarantee its technical operability, the requirements that must be observed in the telematic presentation of writs, requests and communications are established, determining the technical characteristics that the electronic signature certificates must meet.