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Spain

The Spanish authorities provide extracts of criminal records to the individual to which the record relates upon application. The extracts detail only those convictions considered 'unspent' under the Spanish equivalent of the UK Rehabilitation of Offenders Act.

Application Procedure

Please note the following requirments may be subject to change. For up-to-date information please visit www.fco.gov.uk/lds (new window)

If applying from within Spain:

Spanish nationals living in Spain should obtain an application form from a post office, high street newsagent or tobacconist. They should then take or post the completed application form with proof of their identity to the local office of the Spanish Ministry of Justice. There are 21 regional offices throughout Spain. The individual will be required to provide:

• his or her full name,
• date of birth,
• address and
• Spanish National Insurance number.

They must also provide some form of identification. This is usually a passport or national identity card, marriage certificate or birth certificate. The individual must also specify the purpose of the request, that they are applying for a 'Certificado de Antecedentes Penales'.

British nationals or other foreign nationals living in Spain should apply via the British or the relevant foreign Embassy.

If applying from the UK:

A Spanish National living in the UK (who is not able to travel to Spain) can authorise a member of their family or a professional person (lawyer, doctor etc) to apply on their behalf and they should contact their nearest Spanish Consulate for advice. Details are as follows:

Spanish Embassy
Consular Section
20 Draycott Place
London
SW3 2RZ

Tel: 020 7 589 8989
Fax: 020 7 259 6487

UK Nationals who have previously lived in Spain should ahouls follow the Foreign and Commonwealth Office at the following website address www.fco.gov.uk/lds (new window):

Spanish will be required to provide the following information in English together with a Spanish translation of the letter providing this information:

• his or her full name
• date of birth
• address and
• Residential and work address whilst living in Spain

They must also provide an original passport and full birth certificate. If an original passport is not submitted, a notarised copy will be accepted only if they bear the official stamp of the Notary Public. An additional two photocopies of each document should also be sent. The individual must also specify the purpose of the request and confirm that they give authorization for the British Consulate to obtain the criminal record extract on their behalf.

Other nationals should contact their respective Embassies or Consulates in Spain to seek advice on how to apply for such a certificate.

Please note these requirments are subject to change. For an up-to-date information please visit www.fco.gov.uk/lds (new window).

Cost

Applications made from within Spain:

The cost of applications made in Spain is 2.40€.

Applications made from the UK:

Applications made in the UK via the FCO should be accompanied by a banker's draft or postal orders for £128.00 made payable to the ‘Foreign and Commonwealth Office.’

Other Nationals should contact their respective Embassies or Consulates in Spain for the cost of making an application.

Content of certificates

Under the Spanish equivalent of the ROA, convictions become spent after a minimum of five years depending on the seriousness of the offence. Since 1996, if someone is convicted for the first time and the sentence is for less than three years, this information is kept only on a judicial register (a suspended sentence) and is accessible for judicial purposes only. If a second offence is committed during the three-year period, both sentences are disclosed.

Certificate features

Application forms/certificates are valid for three months only. The certificates are watermarked, and any additional A4 sheets with criminal conviction details are officially signed and stamped to help avoid fraud. The conviction details are as follows:

• Name of the person that committed the crime
• When the crime was committed
• Where the crime was committed
• Sentence details

Turnaround time

• For Spanish Nationals who make an application in person at a local Spanish Ministry of Justice Office, the criminal record certificate is produced immediately.
• For UK Nationals who make an application via the FCO, there is no guaranteed time scale to process the criminal record certificate.
• Turnaround time for applications made via the Spanish Embassy or foreign nationals applying via their respective Embassies or Consulates in Spain is unknown.

The CRB has taken all reasonable steps to ensure that the information contained herein is as accurate and comprehensive as possible. In order to maintain the accuracy of the information, the CRB will update the information periodically.

However, the CRB cannot be held responsible for the level of service provided by overseas authorities. As such, please do not contact the CRB regarding applications submitted to overseas authorities.