The “Certificado de antecedentes penales” in Spain (Criminal record certificate)

Citizens residing in Spain (as well as those in many other countries) may need a “certificate of good conduct” or proof of no criminal record. These certificates may be needed for many reasons abroad. These reasons include adoption, schooling, residence permit, and work, among others.

As an expatriate in Spain it may happen to you, very often, that a new employer will ask you for a criminal record certificate for the purpose of a new hire:: not only that, actually a “certificado de antecedentes penales” may also be required, in some cases, in order to sign business contracts with the Spanish public administration (Should you be self-employed or own a business in Spain), both state and local.

Criminal records consist of a judicial registry where various measures in criminal, civil and administrative matters are noted, referring to specific individuals.

In many cases this certificate may also be required of non-EU citizens in Spain for the purpose of issuing a residence permit.

This certificate can be requested in person, by mail or electronically  through a special application addressed to the Spanish Ministry of Justice. Obviously, in order to be able to prove that you have no criminal record in Spain since you were registered in the central registry of foreign nationals, you must have NIE.

It is very important to have a recent Spanish criminal record certificate available since this may be required suddenly for work reasons, for example, and you may not have time to submit the request to the Spanish Ministry of Justice.

When the request is made electronically, you must proceed to pay a fee and provide your contact information: As a rule, the certificate will be available within 24 hours of your request, although you should anticipate that in some cases a longer period may be necessary, generally no more than 3 working days. The deadline for issuing the certificate is 10 working days from receipt of the application.

According to the regulations of the Spanish Ministry of Justice, it is possible to apply for a criminal record certificate (Certificado de antecedientes penales):

– In Spain, in person: If you apply in person in Spain, you must present your Spanish identity card or passport (or NIE, in the case of foreign nationals) and the official application form (Form 790) and pay the corresponding fee

– By mail: You must send the application to the Spanish Ministry of Justice

– Telematically: Through the electronic office of the Spanish Ministry of Justice.

In the case of citizens from an EU member state (ECRIS nationality), the Spanish Ministry of Justice will need to obtain criminal records both in Spain and in the relevant EU country of origin. In this case, a longer period may be needed to obtain the certificate, the maximum waiting period being 30 natural days.

IMPORTANT: The simple certificate of “Antecedentes penales” does not entitle you to work with minors in Spain, a sex offender certificate being necessary in this specific case as it is the only document authorized for this purpose (“Certificado de Delitos de Naturaleza Sexual”).

Need to quickly obtain your “Certificado de antecedentes penales” in Spain? Contact BarcelonaGlobalService now at francesco@barcelonaglobalservice.com or via our online contact form (https://barcelonaglobalservice.com/contacto/).

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