Criminal and police records and Spanish residence permits

For a foreign national, a criminal conviction — or even an arrest or a complaint — does not have consequences only in criminal law. A record can affect their immigration status in Spain and, with it, their ability to live and work here lawfully. It is therefore worth knowing how the authorities weigh these records and what can be done to limit their impact.

Who is affected?

The most significant consequences fall on nationals of countries outside the European Union, to whom Organic Act 4/2000, on the rights and freedoms of foreign nationals in Spain (LOEx), and its Regulation, approved by Royal Decree 1155/2024, apply.

For EU citizens, by contrast, measures on public policy grounds — such as refusing registration in the Central Register of Foreign Nationals or a residence card — must be based exclusively on the personal conduct of the individual, which must represent a genuine, present and sufficiently serious threat. Previous criminal convictions do not in themselves justify such measures (article 15 of Royal Decree 240/2007).

A criminal record and an initial 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 LOEx). Since the work authorisation is granted together with the residence authorisation (article 36.1 LOEx), this requirement also affects the ability to work.

During processing, the immigration office obtains the report from the Central Register of Convicted Persons and the police report of its own motion (article 77.5 of the Regulation). For an initial residence and employed-work authorisation, the authorities check criminal records in accordance with the statutory requirements. Their effect must be assessed by reference to the particular type of authorisation applied for and the person's own situation; this rule should not be extrapolated to every residence route.

This explanation should not be confused with the specific situations governed by European Union law: in certain cases connected with article 20 of the Treaty on the Functioning of the European Union, the Supreme Court has struck down regulatory provisions imposing automatic refusal on the basis of a criminal record without individual assessment.

A criminal record and permit renewal

On renewal, a criminal record does not mean automatic refusal, but the authorities weigh it (article 31.7 LOEx). The Regulation provides that renewal be considered for those who have served their sentence, have been pardoned or are subject to conditional remission or a suspended sentence (articles 80.5 and 86.5 of the Regulation). The person's integration efforts are also taken into account, which may be evidenced, among other means, by a report from the autonomous community (article 80.6 of the Regulation).

It is therefore a decision that turns on the circumstances of the case, which makes properly evidencing the personal, employment and family situation decisive.

And police records?

The police report also forms part of the file. The Regulation provides that the existence of entries in that report does not in itself automatically mean refusal: the authorities must assess case by case whether the person represents a threat to public policy, public security or public health (article 77.5 of the Regulation).

The authorisation will, however, be refused where such a threat is found and is properly evidenced and reasoned in a police report (article 78.1.e of the Regulation), a ground that applies to renewals as well (article 80.8 of the Regulation).

It is worth remembering that police records can exist even where there has been no conviction: an arrest, a complaint that was dismissed or proceedings that ended in acquittal may all appear in police files. That is why it is advisable to apply for their deletion once the matter has ended. We explain this in our article on police records.

What about long-term residence?

After five years of continuous temporary residence, a person may apply for long-term residence (article 32.2 LOEx). Long-term residence has its own requirements and procedure. Where there is a criminal record, it is worth examining the rules applicable to that application and the individual situation, rather than assuming that an earlier renewal determines the outcome by itself.

Why clearing a record matters

Cleared criminal records no longer appear on the certificate, so clearing them may be relevant to obtaining or renewing an authorisation, although it does not guarantee the outcome by itself: the other requirements must also be met. Since the clearing periods only start to run once the sentence has been extinguished, the time a sentence takes to be enforced can delay that moment considerably. We explain how clearing works in our article on criminal records.

What to do

• Before accepting a plea agreement or a fast-track trial, weigh its immigration consequences with a lawyer, not only the sentence.
• Obtain your criminal record certificate and, where relevant, access to your police data before starting a residence application.
• Apply to have criminal records cleared and police records deleted as soon as possible.
• Gather the documents evidencing that the sentence was served, suspended or pardoned, as well as your ties to Spain and your integration.