Spain: How to request the Criminal Record Certification

 

Criminal Record Certification

Criminal Record Certificate

  • What is it?
  • Who can request it?/present
  • Further information
  • How to request it/present

What is it?

It is a certificate that allows to prove the lack or existence of criminal records that appear in the Central Registry of Criminals on the date they are issued.

NOTE: Criminal Records certificates DO NOT ENABLE to work with minors in Spain, being necessary a Certificate of Crimes Sexual Nature, as it is the only document authorized for this purpose.

Who can request it?/present

Any natural person of legal age, as well as legal persons through their legal representatives. Persons with judicially modified capacity, must be represented by one of the parents or legal guardian.

In compliance with community regulations, when requested by Citizens of member countries of the European Union of nationality other than Spanish, information on their background will be requested from the central authority of the State of their nationality, which will be attached to the Spanish certificate issued. In this case, the processing of the certificate will be conditional on the regulations, practice and deadlines of the country in question.

Further information

Process


NOTE:
The information in this section only affects you if you are going to make your request in person or by mail. If you have an electronic certificate, access theElectronic Office of the Ministry of Justice.

Note: It is the responsibility of the person who admits this document to verify its content, by entering the 22 characters of the Secure Verification Code in the Electronic Office of the Ministry of Justice.

  1. Completion of the form.- Through the Model 790, available HERE.

You can also find it here:

  • The Territorial Managements of the Ministry of Justice.
  • In Madrid, in the Central Office of Citizen Services, it is essential to go with a Prior Appointment and the documentation indicated in the location of the appointment obtained.

2. Proof of identity of the person requesting it.

  • IN PERSON: Original or certified photocopy of the DNI, Spanish Residence Card for foreigners, passport, Spanish driver’s license, community identification document or equivalent, in force, provided that the document you present allows you to identify you with your affiliation data to perform a precise search in the Database of the Central Registry of Penalties. Abroad, photocopies must be certified or verified before the Spanish Embassy or Consulate, or, before a notary with the seal of the Apostille of the Hague or diplomatic legalization.
  • BY REPRESENTATION: WHEN THE CERTIFICATE IS NOT PERSONALALLY REQUESTED BY THE INTERESTED PARTY BUT BY ANOTHER PERSON WHO REPRESENTS HIM, in addition to proving his identity through the documentation of the above point, he must provide:
  • Original or certified photocopy of the identification document in force of the represented.
  • Original or certified photocopy of the document proving representation by any means valid in law by a
  • Public document authorized by a notary, or
  • Private document with signatures legitimized by a notary, or
  • Private document, granted in personal appearance of the interested party before a public employee, which will record this circumstance through diligence.
  • Regarding a LEGAL PERSON, the representation must be accredited by a notarized public document.

3. Justification of having paid the fee, which can be credited with any of the following options:

  • Payment through electronic banking systems
  • Other forms of payment.

RATE PRICE: € 3.78   (This rate it is Valid at the date of writing this article. Rates may vary every year, so be sure to have the exact rate when applying).

IMPORTANT: special care must be taken to pay the amount of the fee correctly, because if it is done in the wrong amount, the financial institution cannot return it and the interested party must request a refund by initiating a File for the return of undue income.

Certificates with effect outside Spain

When the criminal record certificate has to take effect abroad, it needs to be legalized. The country of destination of the document (single legalization or apostille of The Hague) must be indicated in the application. However, as of February 16, 2019 in cases where the country of destination is another member state of the European Union, negative certificates of criminal records and documents issued by the Civil or Consular Registries, are exempt from legalization or apostille.

NOTE: If you do not require the issuance of a certificate, but only want to know the data contained in the Central Registry of Penalties related to your person, the interested party, proving his identity and without payment of fee, has the right to request access, by exhibition, if you have a digital certificate, you can check the absence of a criminal record without the need to pay fees in the Citizen Treasury.

Other Information: When the request is made in person, the certificate is normally issued at the time. However, it is necessary to anticipate that in certain cases, for example technical incidents, it may be impossible and a longer period may be necessary, which in general will not exceed 3 business days.

The term that the Administration has to carry out the expedition is 10 business days from its presentation. Certificate requested by a Public Administration or by a company for the procedures in which any Ministry, Autonomous, Local or Institutional Administration requests a criminal record , for example, visas, residency or citizenship, employment exchange, adoptions, licenses, etc., the citizen has the right not to request it individually, but to authorize said Administration to access their criminal information.

Where to present it:

  • Autonomous Community of Madrid: In the Central Office of Citizen Services.
  • Other Autonomous Communities: In the Territorial Managements of the Ministry of Justice
  • Both in the Autonomous Community of Madrid, as in the rest of the Autonomous Communities, it may also be presented in the delegations and subdelegations of the Government and in the records of any administrative body belonging to the General State Administration, to that of any Administration of the Autonomous Communities and that of any Local Administration.

Ways to collect the certificate.

By the way that was requested, unless expressly indicated another way of receiving the available ones.

How long it takes to issue.

When the request is made in person, the certificate is normally issued at the time. However, it is necessary to provide that in certain cases a longer period may be necessary, in general not exceeding 3 business days. The term that the Administration has for said expedition is 10 business days from its presentation.

Where to send it

It can be requested by mail with identical document submission requirements, sending certified or collated copies of the original identification documents to:

  • The Territorial Managements of the Ministry of Justice
    In Madrid, to the Criminal Section of the Central Citizen Service Office
    Ways to obtain the certificate

The shipment with the application and other documentation must contain a pre-paid envelope for return, from Postal Express or any courier company, with the destination address duly completed.

It is essential to comply with this requirement for the application of criminal records certificates by mail.

This Ministry is not responsible for the loss of documents in the Post Office or if these conditions are not met.

How long does it take to issue

When the request is made by postal mail, the certificate is usually issued within a period not exceeding 3 business days from the date of receipt of the request, although it must be foreseen that at some point a time longer than not It should in any case exceed 10 business days from receipt, which is the legal term that the Administration has for said expedition.

Criminal Records Certificates requested by POST MAIL from ABROAD

Requests for criminal record certificates sent by post from abroad will be directed to the Central Office of Citizen Services, Criminal Section, Ministry of Justice. Calle Bolsa, 8. 28012, Madrid, together with:

  • The related documentation in the “Documentation and necessary requirements” section, replacing the original identification documents with collated photocopies. Please do not send original documents.
  • A pre-paid envelope for the return of any courier company, with the destination address duly completed.
    The document that justifies the payment of the fee. If the payment is made from abroad:
  • You must go with the completed form 790 to a Spanish financial institution collaborating with the Tax Agency that has a branch in the country from which the certificate is requested. Payment shall be credited with the mechanical validation or authorized signature of the financial entity in the copy “copy for Administration” of form 790, which must be submitted.
  • Or, you can enter the amount of the fee by bank transfer, provided that such transfer comes from accounts opened in banks located outside the national territory. To make the transfer, the IBAN or International Code of the restricted income account of the Ministry of Justice will be used, the details of which are indicated below, sending the original of the proof of payment, together with the “copy for Administration” of the form 790
     ENTITY: BBVA
     ACCOUNT HOLDER: Ministry of Justice – Restricted Account Collection Foreign Fees
     NIF OF THE ACCOUNT HOLDER: S-2813610-I
     IBAN or International Bank Account Code: IBAN ES62 0182 2370 4202 0800 0060
     BBVA Bank Identification Code (BIC): BBVAESMMXXX

Online – To carry out this procedure via internet you must go to   Electronic headquarters of the Ministry of Justice

If the Link is not working, try this one: https://sede.mjusticia.gob.es/cs/Satellite/Sede/en/tramites/certificado-antecedentes#_ga=2.205689936.235751792.1566476714-151783318.1566476714

Problems with your application?

Either for loss, error in filling the forms or doing the payment, incorrect identification or whichever other reason that may stop you from having your Criminal Record sent to your home, feel free to ask our Team, we will do it for you in no time.


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