Clearing a Criminal Record as a Foreign National in Spain

Anyone who has been convicted by a Spanish criminal court and is also a foreign national usually faces a double concern: clearing their record and preventing that conviction from complicating their residence, their nationality or their travel. The good news is that expunging a criminal record works the same regardless of nationality. This article focuses on what is genuinely specific to foreign nationals; if you are looking for the general step-by-step procedure, we cover it in our guide to clearing a criminal record. As criminal defence lawyers, we explain the time limits, the effects and the certificates.

Same Rules for Foreign Nationals and Spaniards

A criminal record is the record of final convictions entered in the Central Register of Convicted Persons at the Ministry of Justice. If a Spanish court convicts you, that conviction is entered regardless of your nationality, and its expungement is governed by Spanish law on exactly the same terms as for a Spanish citizen. Article 136 of the Criminal Code, which sets the time limits, contains no different rule based on nationality.

The substantive requirements are therefore the same: the sentence must have ended, civil liability must have been paid (or insolvency or time-barring declared), and no further offence committed during the expungement period. What is genuinely different for a foreign national is not the requirements, but the collateral consequences discussed below.

Time Limits for Expungement (Art. 136 CP)

Article 136 of the Criminal Code sets out the time limits, counted from when the sentence or security measure ended:

The time limits cannot be extended and are minimum periods: there is no early expungement and no "pardon of a record." Although since 2015 expungement can occur automatically once the time limits are met, in practice the automatic system frequently fails, so if you need a clean certificate for an immigration procedure or a visa, the sensible course is to apply for expungement expressly rather than trust that it will happen on its own.

Effects on Residence and Nationality

This is where a record genuinely matters for a foreign national. Immigration and nationality regulations assess the applicant's conduct, so an outstanding conviction can become an obstacle at key moments:

• Renewing residence. A record can be a factor the Administration weighs when deciding on a renewal or a change of status. It does not operate automatically, but its existence can complicate the file.
• Applying for Spanish nationality. The grant requires proving good civic conduct, and a criminal record is examined as part of that assessment. An uncancelled conviction can weigh negatively on the decision.
• Other procedures. Authorisations, family reunification or administrative procedures in which a criminal record certificate is requested.

The practical rule is clear: clearing your record as soon as the time limits under Art. 136 CP are met, and doing so with enough lead time before starting any immigration or nationality procedure, removes that element of uncertainty. Each case is individual and depends on the type of offence, the sentence and the overall circumstances, so it is advisable to assess it with a lawyer before filing the application.

The Criminal Record Certificate for Visas

Many countries require a criminal record certificate to process stay, work or residence visas (among others, the United States, Canada or Australia). In Spain it is issued by the Ministry of Justice and reflects only final convictions entered in the Central Register of Convicted Persons.

Two useful points for foreign nationals:

• Legalisation or Apostille. For the certificate to be effective before foreign authorities, the Hague Apostille (or legalisation, depending on the country) is usually required, and in many cases a sworn translation.
• It reflects only final convictions. If a case ended in a dismissal or an acquittal, it does not appear on the certificate. And if your record has already been cleared, the certificate will come out clean: that is precisely the point of applying for expungement before requesting it.

A Criminal Record and a Police Record Are Not the Same

This is a very common source of confusion, and for a foreign national it can cause needless alarm. Two distinct registers should be kept separate:

• Criminal record. This is held in the Central Register of Convicted Persons and is only generated by a final conviction. It is what the Ministry of Justice's criminal record certificate reflects, and what is cleared under Art. 136 CP.
• Police record. These are internal files kept by the police and security forces, of restricted access, which may record arrests or investigations even where no conviction followed. They do not appear on the criminal record certificate.

This leads to an important consequence: an arrest that did not end in a conviction does not generate a criminal record and does not appear on the certificate requested for a visa. Dismissed reports, discontinuances and acquittals do not generate a criminal record either. We explain how to check, and where relevant request rectification or removal of either type of record, in our guide on how to check and clear a criminal record.

How to Apply for Expungement From Inside or Outside the Country

The safest route is to apply directly to the Central Register of Convicted Persons, without waiting for automatic expungement. What is usually submitted:

• The applicant's identity document or passport.
• Certification that the sentence has ended, issued by the court that handed down the judgment.
• Proof of payment of civil liability, or certification of insolvency or its time-barring.

You do not need to reside in Spain to apply: it can be pursued from abroad, usually by granting power of attorney to a lawyer in Spain, which avoids travel and speeds up obtaining the clean certificate afterwards. Once expungement is granted, the criminal record certificate will show a history free of convictions.

How We Help

At Alonso Sala Abogados we assist foreign clients in clearing their criminal record in Spain: we verify the time limits under Art. 136 CP applicable to your case, gather the documentation, file the application with the Central Register of Convicted Persons and arrange the clean certificate, with its Apostille and translation where the procedure requires it. We work exclusively in criminal law and also assist clients from outside Spain through power of attorney.