Criminal records in Spain: what they are and how to clear them

A criminal conviction does not necessarily end when the sentence has been served. For a period of time it stays on record as a criminal record entry (antecedente penal) and can have consequences in various areas of a person's life. Knowing when and how those entries are cleared matters if you want to move on.

What is a criminal record entry?

It is the registration of final convictions in the Central Register of Convicted Persons (Registro Central de Penados), which comes under the Ministry of Justice. Only final convictions create an entry: an acquittal or a dismissal of the case does not.

They should not be confused with police records (antecedentes policiales), which are the data held in police files, such as arrests or complaints, and which do not appear on a criminal record certificate.

Who can see them?

Criminal record entries are not public (article 136.4 of the Criminal Code, Código Penal, CP). In particular:

• The person concerned may request their own criminal record certificate, whether positive (listing the convictions registered) or negative (if there are none). It can be requested by post, electronically or through the public administrative registries (article 17 of Royal Decree 95/2009).
• Public authorities may request the information directly from the Register where the certificate is required in a procedure, always with the consent of the person concerned (article 16 of Royal Decree 95/2009).
• Certain bodies, such as the judicial police or the units that issue firearms licences or passports, have direct access to entries that have not been cleared, for the exercise of their functions (article 6 of Royal Decree 95/2009).

What effects do they have?

A criminal record can have consequences both inside and outside criminal proceedings. For example:

• In new criminal proceedings. Suspending a prison sentence requires, as a general rule, that the person is a first offender, although cleared entries, and entries that ought to have been cleared, are not taken into account, among others (article 80.2 CP). We explain this in our article on the suspension of a prison sentence (suspensión de la pena de prisión).
• In work with minors. Access to professions and activities involving regular contact with minors requires not having been convicted of offences against sexual freedom or of human trafficking, which is evidenced by a negative certificate from the Central Register of Sex Offenders (article 57 of Organic Act 8/2021).
• In other areas, such as certain jobs or obtaining a firearms licence.

How does a criminal record affect foreign nationals?

For foreign nationals who are not EU citizens, a criminal record can have particularly serious consequences, because it affects their immigration status in Spain:

• Obtaining a residence and work permit. A temporary residence authorisation requires having no criminal record in Spain or in previous countries of residence, for offences that also exist under Spanish law (article 31.5 of Organic Act 4/2000, on the rights and freedoms of foreign nationals in Spain, LOEx). Since the work authorisation is granted together with the residence authorisation (article 36.1 LOEx), an uncleared criminal record may prevent an initial authorisation where the particular route requires having none. The specific rules for that authorisation and the applicant's circumstances must be checked.
• Renewing the permit. On renewal, a record does not mean automatic refusal, but the authorities weigh it, taking into account whether the person has been pardoned or the sentence suspended (article 31.7 LOEx). A conviction can therefore put the renewal, and with it the person's regular status, at risk.

For a foreign national it is therefore particularly important to weigh the consequences of a possible conviction with a lawyer, including in the case of a plea agreement, and to apply to have the record cleared as soon as possible.

When and how are they cleared?

Criminal record entries are not permanent. Once the sentence has been served, if the person does not reoffend within a given period, they are entitled to have the record cleared. Article 136 CP sets different periods, ranging from six months to ten years depending on the sentence. Knowing when an application can be made is not just a matter of identifying how long the period is: the date from which it runs in the particular case must also be established correctly.

Clearing can happen of the authorities' own motion, but it is advisable to apply expressly to the Ministry of Justice once the period has elapsed (article 19 of Royal Decree 95/2009). Once cleared, the entries no longer appear on the certificate.

What to do

• Keep the documents evidencing that the sentence was served and the date on which it was extinguished.
• Work out the clearing period that applies to the sentence imposed.
• Apply as soon as the period is up and, before producing a certificate, check that cleared entries no longer appear.
• It is advisable to take legal advice if the application is refused or if there is any doubt about how the period is counted.