1. What is a Criminal Record Certificate?
A Criminal Record Certificate in Spain - also known as a Police Clearance Certificate - is called the “Certificado de Antecedentes Penales,” in Spanish, and is an official document issued by the Spanish authorities, specifically the Ministry of Justice. It shows any criminal convictions a person may have in Spain. You can get it from the Criminal Records Office.
The certificate is a Spanish criminal record file that includes the type of crime, the date of the sentence and the penal sanction.
This document is required for many administrative processes, such as job applications, public office positions and management of some businesses. It proves whether a person has a clean record or documented criminal history in Spain.
Want to hear what other clients
are saying about us?
2. What's the difference between Criminal Records Certificates and Police Clearance Certificates?
The difference between a Criminal Records Certificate and a Police Clearance Certificate in Spain is in their purpose and scope.
A Criminal Records Certificate, issued by the Ministry of Justice, specifically shows an individual’s criminal convictions in Spain. It includes information about the type and date of the crimes and the penalties. So, to prove the absence of a criminal record, it is sometimes called Good Conduct Certificate.
On the other hand, a Police Clearance Certificate is broader, may include not just conviction data but also any police interactions or reports, regardless of whether they led to a conviction. This certificate includes police records and is more comprehensive, so it’s suitable for international purposes, such as visas or foreign employment.
But many people consider the criminal record certificate to be equivalent to a Police Clearance certificate and often use each term interchangeably.
3. Who needs a criminal background check in Spain?
In Spain, a criminal background check is required for individuals in many situations, such as when applying for certain types of employment, especially in fields that involve trust and safety.
This includes roles in education, healthcare and positions that involve working with vulnerable populations like children or the elderly, child fostering and adoptions.
Also, people who want to obtain or renew specific licences, such as firearm licences, or those who want to immigrate or travel abroad may need to present a clean criminal record.
Furthermore, individuals involved in legal proceedings or applying for public office may need to provide this documentation.So, if you find yourself in any of the situations above and have spent time in Spain - usually during the last 5 years - you will need to get a Spanish criminal record certificate.
This will include Spanish nationals, UK citizens, Irish citizens - and basically any foreign nationals who have lived in Spain.
4. How long does a criminal record last in Spain?
In Spain, the duration of a criminal record varies depending on the crime and other circumstances.
The record can be cancelled from the Certificate of Criminal Records after a period without committing any crime since the end of the sentence. This period is 6 months (for less serious crimes) to 10 years (more serious crimes).
The cancellation period starts when the sentence is fully served. However, delays in the execution of the sentence or other procedural aspects can extend this period. Cancellation is not automatic and requires specific actions.
5. Who can ask for a criminal record certificate in Spain?
In Spain, the person who can request a criminal record certificate is primarily the individual to whom the record pertains, often referred to as the “interested party.”
This means you can apply for your own criminal record certificate. The process is designed to ensure personal information is accessed and used properly.
In some cases, authorized representatives can also request a certificate on behalf of someone else, as long as they have the legal permission to do so.
This authorized representative can request a criminal record certificate on behalf of someone else under specific conditions. This usually requires a formal authorization or power of attorney, showing that the representative has the legal right to make such a request.
The process ensures personal information is accessed and managed securely and in accordance with data protection laws.
6. How do I get a criminal record certificate in Spain?
You can apply for a criminal record certificate in Spain online, by post or in person.
Most prefer to apply online, as it’s the easiest and quickest option.
The process involves using a digital certificate for identity verification, filling out an online application form and possibly sending additional documentation via email or post. You’ll need to upload a copy of your ID card. The online form simplifies the process, making it easy and convenient.For applicants in Spain who don’t speak Spanish or don’t have a digital certificate, getting a criminal record certificate involves other methods. They may need to go to the Central Office of Citizen Services in Madrid or the Territorial Management Offices of the Ministry of Justice to request the certificate in person. A translator or legal representative may be required.
The application process will involve filling out a form, probably in paper format, and providing identification, such as a passport. Sending the application by post is also an option.
7. Can a third party with a proxy submit the application?
Yes, a third party with a proxy can submit the application for a criminal record certificate in Spain. This requires the third party to have legal authorization or power of attorney to act on behalf of the individual for whom the record is requested.
8. How long does it take to get the Spanish criminal record check?
The time it takes to obtain a Spanish criminal record check varies. If the application is made online with a digital certificate, the certificate can be obtained instantly. However, manual applications or those requiring additional verification may take longer.
9. What is the process
To get a Spanish criminal record certificate, you typically need to fill out an application form, provide identification documents and submit the application either online or through a government office.
- Online Application: If you have a digital certificate, you can apply online.
- Physical Application: Fill out the model 790 form, either with or without a digital certificate.
- For certain positions or roles working with minors, a Sexual Offences Certificate is required. To get this, you need to fill out an application form, provide identification documents and submit the application either online or through a government office. If you are living outside Spain, additional steps for legalization of the certificate for international use may be required.
- Apply in person at the Central Citizen’s Service Office in Madrid or at the Territorial Management offices of the Ministry of Justice. An appointment is required.
- Submit identity documents: A certified copy of your DNI if you are Spanish or your residence card/passport if you are foreign.
- If a third party is applying on your behalf, they need to provide personal identification and a document signed before a notary confirming their legal representation.
- Pay the required fees and provide proof of payment. This can be done online with a digital certificate, through electronic banking, at an ATM or by bank transfer if abroad.
If you use a lawyer as a proxy, the process is as follows:
- Authorize the lawyer to act as your proxy, often requiring a Power of Attorney
- The lawyer submits the application on your behalf.
- Required documents are provided by the lawyer.
- The lawyer follows up with the relevant authorities.
- Once processed, the lawyer receives the criminal record certificate.
- The lawyer can arrange legalisation via The Hague Apostille stamp, as required
10. Payment and Fees:
The certificate requires payment using the Modelo 790 form. The current fee is approximately €3.97 (as of 2024) Payment methods include:
- Online payment with credit/debit card
- Bank transfer (for applications from abroad)
- In-person payment at any Spanish bank
- Electronic banking through participating banks
- Keep proof of payment as it must be submitted with your application
11. Authorization Process:
For third-party applications, there are two main authorization methods:
Representación Apud Acta:
- Free authorization process available at Ministry of Justice offices
- Both the represented person and representative must be present
- Valid for specific procedures only
- Must be completed before submitting the application
Power of Attorney (Poder Notarial):
- More comprehensive authorization
- Must be processed through a notary
- Can be used for multiple procedures
- Required for applications from abroad
International Legalization
For use outside Spain, the certificate must be legalized with the Hague Apostille:
- Obtained from the Ministry of Justice or Regional Government offices
- Current fee for apostille is approximately €6
- Processing time is typically 2-3 business days
- The apostille confirms the authenticity of the signature, seal, and capacity of the person signing the document
- Valid in all countries that are members of the Hague Convention
12. Where shall the application be submitted?
The application for a criminal record certificate in Spain should be submitted to the Ministry of Justice. This can be done either online, through their electronic services, or in person.
Foreign nationals cannot request this certificate through the Spanish consulates, although a power of attorney can be arranged in these locations to empower another person (e.g. a lawyer) to obtain the certificate on your behalf.
13. Is there an emergency procedure?
While there is no official emergency procedure, there are expedited options:
- In-person applications at the Central Office can be processed on the same day
- Digital certificate applications provide instant results
- Lawyers with power of attorney can obtain certificates in 1-2 business days
14. Can I apply from abroad? What are the modalities?
The modality will depend on how the certificate is being requested.
If you have an electronic-DNI or digital certificate, you can apply for the certificate yourself through the online portal.
However, often you don’t have an electronic-DNI or digital certificate. In this case you must:
- Go to spain to get an electronic-DNI or digital certificate, or
- Go to spain and request the certificate in person at the Ministry of Justice office, or
- Empower a local lawyer to apply on your behalf.
Given the time, effort and cost, applicants usually choose the third option.
You will be asked to arrange a notary in your local area, who can legalise the power of attorney (drafted in Spanish and English).
The lawyer will email the power of attorney to the notary to print and prepare for you to sign and the notary to stamp. The notary will then send the power of attorney to the lawyer in Spain, who will use it to obtain the criminal record certificate.
Notary Services for International Applications:
When applying from abroad, notary services are required for:
- Authenticating power of attorney documents
- Verifying identity documents
- Certifying translations if required
- Preparing documents for apostille
The process involves:
- Contact a notary in your country of residence
- Have them authenticate your signature on the power of attorney document (provided by your representative in Spain)
- Get the power of attorney legalised (either with apostille through the Notary or through the Spanish consulate)
- Send the legalised documents to your representative in Spain
15. European criminal records information system (ECRIS)
Criminal Record Check in Spain or in any other European Union member country: The European Union Criminal Records System is a computerised system established in 2012 to create an efficient exchange of information on criminal convictions between member States.
The system provides judges, prosecutors and police with information on the criminal convictions/history of persons concerned, no matter which Member State that person has been convicted in the past.
So when citizens ask for an extract from their criminal record in Spain, it will include also criminal records in case of conviction in any of the member States. If you are not an EU-citizen, it is not possible to know if you were previously convicted in other Member States without consulting them all.
Want to hear what other clients
are saying about us?
16. Frequently Asked Questions
How do I get a criminal background check in Spain?
To get a criminal background check in Spain, you can use one of the following methods:
- Online through the Ministry of Justice website: Apply for the Criminal Record Certificate online through the Ministry of Justice’s official website.
- By mail: Send your application directly to the Ministry of Justice by post.
- Through the Consular Office: Apply through the Consular Office of the Spanish Embassy and pick up the certificate in Spain.
- Authorize a legal representative: With a power of attorney, a lawyer can manage the process on your behalf.
These methods require identification and sometimes additional documentation. The certificate is used for employment, visas, or legal purposes.
How long does it take to get a police certificate from Spain?
The processing time for a police clearance certificate from Spain is 3 to 4 weeks if no criminal record is found. The certificate may also need to be legalised by the Spanish Embassy for official use.
Are background checks illegal in Spain?
Background checks are legal in Spain. However, accessing and disclosing criminal record information must comply with strict data protection regulations. Employers cannot discriminate based on criminal history during hiring or employment, ensuring fairness and privacy for all individuals involved.
What is the equivalent of dbs in Spain?
The equivalent of a DBS (Disclosure and Barring Service) check in Spain is the Certificado de Antecedentes Penales, which translates to "Criminal Record Certificate". This document confirms if an individual has a criminal record in Spain and is often required for employment, residency applications or official purposes. It can be obtained through Spain’s Ministry of Justice via online request, by post, in person or via a legally authorised person in Spain and is equivalent to the DBS check in purpose and use.
