RESOURCES
Expulsion
When the offenders are foreigners and engage in conduct classified as very serious, or serious conduct, it will constitute grounds for expulsion, subject to the processing of the corresponding proceedings, if the foreigner has been convicted, inside or outside Spain, for willful misconduct constituting in our country a crime punishable by imprisonment for more than one year, unless the criminal record has been expunged.
In no case may the sanctions of expulsion and fine be imposed jointly.
The expulsion will entail, in any case, the termination of any authorization to remain legally in Spain, as well as the filing of any procedure that had as its object the authorization to reside or work in Spain of the expelled foreigner. However, the expulsion may be revoked in the cases determined by regulation.
Resources
Administrative appeals are actions by individuals requesting the administration to order a decision on the modification or revocation of a resolution or administrative actbecause they are not considered to be in accordance with the legal system.
It may be filed against acts that do not terminate the administrative procedure. Depending on the authority from which they originate, there may be procedural acts that must be appealed through an appeal for reconsideration. It is optional, that is to say, it is not obligatory in order to be able to go to the contentious-administrative jurisdiction, although, once presented, it is necessary to wait for its resolution or for the term to elapse in order to be able to file an appeal before the judicial authority of said order.
It is basically a judicial proceeding brought against a general provision or against a presumed or express act carried out by any local, autonomous or central body of the Public Administration that is enacted with the purpose of putting an end to the administrative process.
In addition, it can be used against the inactivity of the Public Administration in the face of a request made by an interested party and against material actions that go against the law or that constitute a de facto action. Likewise, the aforementioned public bodies may also make use of it when they consider that a resolution is detrimental to the public interest.
In PK Abogados, you will find an expert lawyer in immigration and immigration, who will know the appropriate remedy for the denial of your residence or nationality.
Expungement of Criminal Records
All individuals convicted by final judgment who have extinguished their criminal liability have the right to obtain from the Ministry of Justice the cancellation of their criminal record, which is recorded in the Central Register of Convicted Persons, within the time limits established by law.
The criminal record is constituted by the note of conviction, so that its cancellation affects the set of sentences imposed in a final judgment and not each of the individualized sentences.
This is a very important point for foreign citizens, since having them, at the moment of completing a residency or nationality procedure, may be one of the causes for the denial of both procedures.
If you wish to carry out your cancellation process, in PK Abogados, you will find an expert lawyer in Cancellation of Criminal Records, who will advise you on the desired service.
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