1. Convicted persons who have served their full sentence have the right to obtain from the Ministry of Justice, either ex officio or at the request of the party, the cancellation of their criminal record, provided that the following periods have elapsed without them having reoffended:
a) Six months for minor offenses.
b) Two years for sentences not exceeding twelve months and those imposed for negligent offenses.
c) Three years for other less serious offenses of less than three years.
d) Five years for other less serious offenses of three years or more.
e) Ten years for serious offenses.
2. The periods referred to in the preceding paragraph shall be counted from the day following the date on which the sentence was served. However, if this occurs through conditional release, the period, once definitive release is obtained, shall be calculated retroactively to the day following the date on which the sentence would have been served had this benefit not been granted. In this case, the starting date for calculating the duration of the sentence will be the day following the granting of the suspension.
3. Sentences imposed on legal entities and the accessory consequences of Article 129 will be cancelled within the corresponding period, in accordance with the rule provided in paragraph 1 of this Article, unless dissolution or a definitive prohibition of activities has been ordered. In these cases, the entries will be cancelled fifty years after the day following the final judgment.
4. Criminal record entries in the various sections of the Central Registry of Convicted and Fugitive Offenders will not be public. During their validity, certificates will only be issued with the limitations and guarantees provided for in their specific regulations and in the cases established by law. In any case, certificates will be issued upon request by judges or courts, whether or not they refer to cancelled entries, expressly stating the latter circumstance.
5. In cases where, despite compliance with the requirements established in this article for cancellation, the cancellation has not occurred, the judge or court, having verified such circumstances, will not take such background into account.