When can criminal record entries be cancelled (lapsed) in the Reincidencia registry?

It depends on the type of sentence. As a general rule, Art. 51 APC provides: 10 years from the date of sentencing for suspended sentences; 10 years from the completion or expiry of sentence for other custodial sentences; and 5 years from completion or expiry for fines or disqualification orders. The precise calculation depends on the case file.

Argentine Criminal Record Cancellation (Reincidencia — Art. 51 APC)

Q: What do I need to have my situation assessed?

A copy or photograph of your Criminal Record Certificate (Reincidencia), or whatever document has been requested from you for work or visa purposes, together with the basic case details (court division, court, year, case number if available). From that, we verify the waiting periods and define the procedural strategy.

If your Criminal Record Certificate (Reincidencia) is blocking a job application, travel or a visa, we handle the judicial procedure to have the record entry cancelled in accordance with the waiting periods set out in Art. 51 of the Argentine Penal Code.

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Why does it still appear if the case is already closed?

It is very common for proceedings to conclude — through completion or expiry of a sentence, payment of a fine or expiry of a disqualification — without the registry entry being updated or producing its legal effect. This happens because the necessary judicial communications are often never issued, or are issued but fail to reach the registry.

What Art. 51 APC provides (in plain terms):

Suspended sentence: the record entry lapses 10 years from the date of sentencing.
Other custodial sentences: the record entry lapses 10 years from completion or expiry of sentence.
Fine or disqualification order: the record entry lapses 5 years from completion or expiry.

Important: the precise calculation depends on the case file (single sentence, consolidated sentences, dates of completion, etc.).

See related decisions and resources in our Criminal Case Law Library.

What we do — and what we do not do

You obtain the certificate (it must be applied for in person). We handle the judicial procedure to have the record entry cancelled or the lapse formally registered.

We review your certificate and the minimum case information (court division / court / year).
We verify the waiting periods and the relevant dates (sentencing / completion or expiry of sentence).
We appear in the proceedings and request the necessary judicial communication and registration.
We follow the procedure through until the cancellation is actually registered — and advise you on how to re-check your certificate.

For a quick assessment, you will need:

A photograph or copy of your Criminal Record Certificate (Reincidencia), or whatever document has been demanded of you.
The basic case details: court division, court, year, case number (if available).
If there was a sentence: the approximate date and type of penalty (suspended / custodial / fine / disqualification).

What is the Reincidencia and how does cancellation work in Argentina?

The National Criminal Records Registry (Registro Nacional de Reincidencia) is the Argentine body that records convictions. When someone is convicted, the court notifies the Registry, which issues the Criminal Record Certificate (Certificado de Reincidencia) — roughly equivalent to a police clearance certificate, DBS check or criminal history report in other jurisdictions.

Under Art. 51 of the Argentine Penal Code, official bodies are prohibited from disclosing record entries once the applicable waiting period has elapsed. Crucially, this does not happen automatically: the court must issue a formal communication to the Registry. If that step is skipped — as is common — the entry continues to appear, and a judicial procedure is required to trigger the cancellation.

Frequently Asked Questions

It depends on the type of sentence. As a general rule, Art. 51 APC provides: 10 years from the date of sentencing for suspended sentences; 10 years from completion or expiry of sentence for other custodial sentences; and 5 years from completion or expiry for fines or disqualification orders. The precise calculation depends on the case file.

In principle, official bodies are required to refrain from disclosing proceedings that ended in a dismissal or an acquittal. If incorrect or out-of-date information appears, we arrange its correction using documentation obtained from the case file.

Not always. In many cases, the necessary judicial communications are never issued, or they are issued but fail to reach the Registry and produce no effect. Our work is to review the case file, request the relevant court communication and follow the procedure through until the cancellation is actually registered.

A copy or photograph of your Criminal Record Certificate (Reincidencia), or whatever document has been requested for work or visa purposes, together with the basic case details (court division, court, year, case number if available). From that, we verify the applicable waiting periods and define the procedural strategy.

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