The Role of Criminal and Police Records

What are criminal and police records? 🤔

Criminal records in Spain are the record of firm judicial convictions for the commission of crimes defined in the Spanish Penal Code. In other words, when a criminal trial has been held that concluded with a conviction. 

Police records in Spain are the record of police actions carried out by law enforcement agencies (National Police, Civil Guard, Autonomous Police, etc…) within the framework of an investigation into alleged criminal acts. They may even exist when there is no judicial procedure or when it concludes with an archival or acquittal of the investigation. In short, if you have been detained or investigated for a crime, you may have police records.

We recommend checking your history before applying for citizenship/residency authorisation. It costs nothing. 

Concurrence of both 

When there are criminal records, there are also police records. However, you can have police records without having criminal records. 

When will criminal and/or police records exist? Examples 📝

Example of records solely involving police

A foreign citizen in an irregular situation (without papers) in Spain is stopped by the Police in the street and asked for documentation. Since they do not have it with them, the individual goes, at the agent’s request, to a Police Station to identify themselves.

Upon checking, the agents establish the subject lacks authorisation to reside in Spain, and an administrative sanction procedure for irregular stay is automatically initiated against them, according to article 53.1.a) of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, which concludes with a fine and a request for voluntary removal from Spanish territory. This act does not constitute a crime but rather an administrative infraction. Therefore, it does not generate criminal records, but it does create police records.

Example of criminal and police records

Let’s imagine a driver who tests positive in a breathalyser test with a rate exceeding 0.60 mg/l in exhaled air, which constitutes a crime against road safety, under article 379.2 of the Penal Code. This act triggers two immediate consequences: first, the intervention by the agents, resulting in a police record, and second, if the criminal procedure ends with a conviction, concluding with the withdrawal of their driving license and prison time or a fine, resulting in a criminal record. 

Where are they recorded? 🏢

Criminal records are registered in the Central Criminal Registry (Registro Central de Penados), which is directly under the Ministry of Justice. On their part, police records are recorded in the databases of law enforcement agencies, depending on which one carried out the police action. Below, we list the different files where police records are recorded.

1. State Databases (dependent on the Ministry of the Interior):

• PERPOL: National Police database.

• INTPOL: Civil Guard database.

2. Regional Databases (dependent on the Autonomous Governments): 

• Mossos d’Esquadra Database (Catalonia), which depends on the Department of Interior of the Government of Catalonia. 

• Ertzaintza Database (Basque Country), which depends on the Department of Security of the Basque Government.

• Foral Police Database (Navarra), which depend on the Department of Interior of the Government of Navarra.

How can I look them up and cancel them? 🔍 🗑️

Although the government should automatically cancel criminal records once the legal time frame has elapsed, which varies depending on the severity of the penalties, the reality is that it often does not happen, and you must ensure your record is clean. 

You simply need to access the links we provide below and follow the instructions to request them. In general, if you have a digital identification system (Cl@ve or digital certificate) you will be able to request the certificate electronically. If not, you will need to request an appointment, fill out a form, pay a fee, and go on the day of your appointment to receive the corresponding certificate. 

In any case, the time it takes to process the cancellation of records can take weeks or even months. 

According to article 136 of the Penal Code, to cancel criminal records, you must have completed the penalty (and in cases of fines, you must have made the payment) and a period of time without committing new crimes must also be respected.

The time frames are as follows: 

• 6 months: for minor penalties. 

• 2 years: for penalties not exceeding 12 months and those imposed for negligent crimes.

• 3 years: for other less severe penalties under three years.

• 5 years: for other less severe penalties equal to or greater than three years.

• 10 years: for serious penalties.

In the case of cancelling police records, it will be sufficient not to have an ongoing police investigation or criminal procedure to request cancellation. 

We provide links that may be of interest to you if you want to consult and/or cancel your history of criminal and/or police records. 

Links to the competent bodies:

🧑🏼‍⚖️ Criminal Records (Ministry of Justice): consultation and cancellation

👮🏼 Police Records (Civil Guard): consultation/suppression

👮🏼 Police Records (Police): consultation and suppression

👮🏼 Police Records (Mossos d'Esquadra - Catalonia): consultation/suppression

👮🏼 Police Records (Ertzaintza - Basque Country): consultation/suppression

👮🏼 Police Records (Foral Police of Navarra - Navarra): consultation/suppression

In the case of the regional police, they will only be of interest to you if you have had contact with the police in any of the mentioned autonomous communities.

What impact may it have on Spanish immigration and nationality procedures? 🤯

Criminal and police records and nationality 

Article 22.2 of the Civil Code appeals to “good civic conduct” as an essential requirement for acquiring Spanish nationality. But, what does this really mean in practice? 

A key ruling of the Supreme Court, from December 18, 2015, shed some light on the darkness and told us that neither the villain is that bad nor the hero is that good, literally establishing that “neither does the existence of a criminal record always implies a negative sentence”, “nor does their cancellation imply the latter (understood as good civic conduct).” That is to say, having criminal records does not imply an immediate denial, nor does not having them or having them cancelled imply an automatic grant of nationality.

We know that this is not the ideal situation, but in law, few things are black or white, and we will explain it further. According to the same ruling, the burden falls, first, on those interested in acquiring Spanish nationality, to actively prove their good conduct, and second, on the Ministry of Justice to make a global value judgment and consider the array of circumstances. 

It being an open list, and not a closed one, and in any case, not official, but merely indicative, the Ministry of Justice could value, as positive points; having a work contract and a stable work life, taking training courses or studies, being registered in the census, proving legal and uninterrupted residence, having a Spanish family or having children enrolled in school, among others. On the contrary, they could be negative points; having criminal records (active or cancelled), police records (especially, if they involve arrests), repeated administrative offenses, unpaid fines, etc…

Criminal and police records and immigration procedures 

Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration and its Royal Decree 1155/2024, of November 19, which approves the Regulation of Organic Law 4/2000, mentioned previously, emphasises that one of the basic requirements for granting a foreign authorisation/visa is to lack criminal records in Spain, as well as in the country or countries of residence for the last 5 years.

However, the trend is that, in this case, a clean criminal records certificate is required, however, police records will be assessed depending on the reasons and the recurrence of the acts, although they may become a reason for denial “for reasons of public order”. 

Recommendation

In conclusion, the general recommendation for both procedures is clear: to have no records (either criminal or police) or, if any exist, to have them cancelled. However, remember that for nationality, a “plus” of conduct is required, and it must also be proven that you are integrated and have good civic conduct. 

Ultimately, the golden rule is clear: when in doubt, consult; and when there is a record, cancel it. Do not risk a denial due to laziness in consulting or canceling your records if you have them, as it can be vital for your success.

At Traam, we make it easy for you ✨

In any case, are you worried that the cancellation timeframes will delay your plans? This is where we come in. At Traam, you do not have to wait until you have everything in order to start. We can begin the collection and preparation of your residency or nationality application while you manage your situation, if necessary. 

Create your free account at Traam today, and check at no cost if you meet the requirements to apply for residency or nationality to start building your path to success in Spain, step by step and without loose ends.