Criminal Records in Spain: How to Check & Clear Them (Guide 2026)

Criminal records are the official register of your criminal convictions. They can devastate your life: they block access to public-sector jobs, prevent renewal of residence permits, bar firearm licences and disqualify you from working with minors. As specialist criminal lawyers in criminal record cancellation, we explain everything you need to know in 2026.

What Are Criminal Records?

The Central Criminal Records Registry is a database managed by the Spanish Ministry of Justice that contains every final criminal conviction handed down in Spain. It includes:

• Offences (serious, less serious and minor)
• Prison sentences, fines and community service
• Safety measures
• Criminal liability of minors (kept in a separate registry)

What does NOT appear?

• Complaints without a conviction (dismissals, acquittals)
• Administrative infractions (traffic fines, Public Safety Act penalties)
• Ongoing proceedings (only final convictions are recorded)

How to Check Your Criminal Record (FREE)

You have the right to consult your own criminal record free of charge. There are three ways to do so:

1. Online (digital certificate or Cl@ve)

The fastest option. You will need:

• A digital certificate, electronic DNI or Cl@ve PIN
• To go to: sede.mjusticia.gob.es
• To request the "Criminal Records Certificate"
• You receive it as a PDF instantly (if you have no record) or within 1-2 days (if you do)

2. In person (Ministry of Justice offices)

• Book an appointment online beforehand
• Attend with your original DNI
• Free of charge
• You receive the certificate on the spot or within 1-2 days

3. By post

• Send a signed application plus a photocopy of your DNI
• To: Central Criminal Records Registry, C/ Bolsa 8, 28012 Madrid
• Free, but it takes 7-15 days

When Are Criminal Records Cleared Automatically?

Criminal records are NOT permanent. They are cancelled automatically once a certain offence-free period has elapsed. The timeframes depend on the severity of the penalty:

Automatic cancellation periods (Art. 136 CP, Spanish Criminal Code):

• Minor penalties (fine or prison of 12 months or less): 2 years
• Less serious penalties (prison of up to 5 years): 3 years
• Serious penalties (prison over 5 years): 5 years
• Sexual offences against minors: 10 years (or longer, depending on severity)

When does the clock start?

• From the moment you have served the ENTIRE penalty (including parole, restraining orders, etc.)
• If the sentence was suspended, from the end of the suspension period
• If you were pardoned, from the date of the pardon

Practical example:

You are convicted in 2020 to 10 months in prison (suspended) plus a 2-year restraining order. The restraining order ends in 2022. Your record is cancelled automatically in 2024 (two years after fully serving the sentence, because the penalty qualifies as minor).

How to Apply for Early Cancellation

In exceptional cases, you can apply for cancellation BEFORE the automatic deadline:

Requirements (Art. 136.2 CP):

• Civil liability must have been satisfied (compensation paid to the victim)
• The penalty must have been served in full
• At least 6 months must have elapsed since completion of the sentence
• The judge must consider it appropriate (discretionary decision)

Procedure:

1. Your lawyer files a written application before the sentencing court
2. Provides evidence that civil liability has been paid
3. Argues the grounds (need to work, renew a residence permit, etc.)
4. The Public Prosecutor issues a report (usually opposing the request)
5. The judge decides (it may take months)

Success rate: Low (10-20%). Judges are very restrictive. Early cancellation is normally granted only where a genuine need has been documented (loss of employment, expulsion of a foreign national).

Types of Criminal Record Certificates

Not all certificates show the same information:

1. General Criminal Records Certificate

• Lists every conviction that has NOT yet been cancelled
• If you have no record, it reads "NONE ON FILE"
• This is the certificate required for jobs, public competitive examinations and residence permits

2. Certificate of Sexual Offences

• Specifically required for working with minors (teachers, youth leaders, healthcare staff)
• Shows convictions for sexual offences even if they have been cancelled on the general certificate
• Mandatory since 2015 for any work involving minors
• These convictions are NEVER deleted from the special registry (permanent disqualification)

3. Criminal Records Certificate for International Use

• For submission abroad (emigration, studies)
• Some countries require a Hague Apostille

How to Obtain the Spanish Criminal Record Certificate (and Use It Abroad)

The criminal record certificate (certificado de antecedentes penales) is issued by the Ministry of Justice through the Central Criminal Records Registry. You can only apply for your own certificate, and there are three ways to file the request:

• Online: at sede.mjusticia.gob.es with a digital certificate, electronic DNI or Cl@ve. If you have no record, the PDF is usually issued instantly.
• In person: at a Ministry of Justice office or a Citizen Assistance Office, with a prior appointment and your original ID document.
• Through an authorised representative: a third party (typically a lawyer) can request it on your behalf with a notarised power of attorney (poder de representación) that expressly authorises the application.

Using the certificate abroad: apostille and sworn translation

A certificate issued in Spain is not automatically valid before a foreign authority. To use it outside Spain you normally need two additional steps:

• Hague Apostille: for countries party to the 1961 Hague Convention, the apostille authenticates the signature on the document so it is recognised abroad without further legalisation. You can request the electronic apostille together with the certificate or afterwards through the Ministry of Justice.
• Sworn translation: if the destination country does not accept the document in Spanish, you will need a traducción jurada by a sworn translator authorised by the Spanish Ministry of Foreign Affairs.
• For countries outside the Hague Convention, the document must be legalised through diplomatic or consular channels instead of apostilled.

Within the EU: ECRIS

For convictions handed down in other EU Member States, information is exchanged through the European Criminal Records Information System (ECRIS). When you request a Spanish certificate, the Registry can consult ECRIS so that convictions recorded in other EU countries are reflected. Outside the EU, convictions are generally not shared unless Spain expressly requests the information.

Pending case vs conviction: what the certificate actually shows

The certificate reflects only final convictions (condenas firmes) that have not yet been cancelled. A pending case (causa pendiente) — an investigation or a prosecution that has not ended in a final judgment — does NOT appear on the certificate. This matters because the presumption of innocence applies until there is a final conviction, so an ongoing proceeding should not, by itself, block a job or a permit that requires a clean certificate.

What the certificate is used for

• Visas and immigration: many countries require a Spanish criminal record certificate (apostilled and sworn-translated) for long-stay, work or study visas.
• Residence and nationality: the certificate is used both to renew a Spanish residence permit and, abroad, as proof of good conduct for other applications.
• Employment: some private-sector roles and every public-sector competitive examination require a general certificate; work with minors requires the specific sexual-offences certificate.

For the timeframes and the procedure to have a conviction cancelled before it blocks these uses, see our detailed guide on how to expunge a criminal record in Spain, which sets out the Art. 136 CP periods.

Consequences of Having a Criminal Record

A criminal record can affect you in the following areas:

1. Employment

• Public sector: Prevents access to competitive examinations (police, civil servant, public-school teacher)
• Private sector: Many employers request it (security, banking, work with minors)
• Regulated professions: May prevent registration with the professional association (lawyer, doctor, architect) depending on the offence

2. Residence permits (foreign nationals)

• May lead to denial of NIE renewal
• Blocks Spanish citizenship
• May trigger expulsion (for serious offences)

3. Licences and permits

• Firearms: Bars you from obtaining or renewing a firearm licence
• Private security: Bars you from working as a security officer
• Taxi/VTC: The licence may be denied (depending on the offence)

4. Aggravating factor in future offences

• If you reoffend, recidivism increases the penalty (up to double)
• It may bar suspension of the sentence (meaning immediate imprisonment)

Recidivism: The Risk of Reoffending

If you have a criminal record and commit a similar offence, you are classed as a repeat offender (Art. 22.8 CP). Consequences:

• The penalty is imposed in its upper half (so if the range is 1 to 3 years, you will receive 2-3 years)
• The sentence CANNOT be suspended (actual imprisonment)
• You CANNOT plead guilty in a juicio rápido (Spanish fast-track trial) with a one-third sentence reduction
• Parole becomes harder to obtain

When does recidivism apply?

• Offences of the same nature (two thefts, two frauds)
• The previous record must NOT have been cancelled
• Less than 5 years must have passed since completion of the previous sentence

Criminal Records of Minors

Minors (aged 14-17) have a separate registry (Central Registry of Juvenile Criminal Liability Judgments).

Automatic cancellation:

• Upon turning 18 (if the measure was minor)
• Two years after completion of the measure (if serious)
• Maximum: five years after completion of the measure (for very serious offences)

Important: Juvenile records do NOT appear on an adult's certificate. It is a completely separate and confidential registry.

Criminal Records Obtained Abroad

If you committed an offence in another country and were convicted there:

Does it appear on the Spanish certificate?

• Within the EU: Yes, through the European Criminal Records Information System (ECRIS)
• Outside the EU: Generally NOT, unless Spain expressly requests information from that country

Does it affect you in Spain?

• For recidivism purposes: only if the act is also a criminal offence under Spanish law
• For residence permits: yes, the Immigration Office may deny renewal because of convictions in your country of origin

Errors on the Certificate: What to Do

Certificates sometimes contain mistakes:

Common errors:

• A conviction that has already been cancelled still appears
• A conviction belonging to a different person appears (name confusion)
• The conviction data is incorrect

Solution:

1. Apply for rectification to the Central Criminal Records Registry
2. Submit documentation (judgment, cancellation order, DNI)
3. If they fail to fix it, file a contentious-administrative appeal

Resolution time: 1-3 months (it can be expedited if you need the certificate for employment).

Pardon: Does It Erase a Criminal Record?

A pardon is the remission of the sentence granted by the Government. There are two types:

Full pardon:

• The entire sentence is remitted
• The criminal record is cancelled IMMEDIATELY
• It is as if you had never been convicted

Partial pardon:

• Your sentence is reduced (e.g. from 3 years to 1)
• The criminal record remains, but the cancellation period is calculated on the reduced penalty

How do you apply?

• Through the Ministry of Justice
• Favourable reports from the sentencing court and the Public Prosecutor are required
• Very hard to obtain (only a small number are granted)
• It takes years (1-3 years on average)

Frequently Asked Questions

Can I work with a criminal record?

It depends on the job. In the private sector, the employer can ask for your certificate but is not obliged to reject you (except for work involving minors). In the public sector, it generally bars access.

Do I have to disclose my record in a job interview?

Only if you are expressly asked or if the job requires it by law (work with minors, security roles). Lying may amount to grounds for disciplinary dismissal.

Does a criminal record show up on Google?

NO. The Convicts Registry is confidential. Only you and the authorities can access it. If something appears on Google, it is because it was reported in the press, not because of the official registry.

Can I travel abroad with a criminal record?

Within the EU, yes, without issue. Outside the EU, it depends on the country:

• USA: The ESTA may be denied if you have serious convictions
• Canada: Very strict; entry may be denied
• Australia: A criminal record certificate is required for long-stay visas

What happens if I am asked for the certificate and refuse to provide it?

It depends on the context:

• Employment: You may not be hired or may be dismissed
• Competitive examinations: You are automatically excluded
• Residence permit: Renewal will be denied

Can I request someone else's certificate?

NO. It is illegal. You can only request your own. If you need an employee's certificate, they must provide it to you voluntarily.