Why foreigners get caught out
Many people think a record disappears automatically. Cancellation usually happens on its own once the period ends, but it fails if a fine or the compensation to the victim was never paid, because the sentence is not extinguished. Checking the file and paying what is due is often enough to clear the record.
Cancellation periods
Article 136 of the Spanish Criminal Code sets these periods, counted from the day after the sentence is extinguished, provided the person has not reoffended:
- Six months for minor penalties, such as fines for minor offences.
- Two years for penalties of up to twelve months and for offences committed through negligence.
- Three years for other less serious penalties under three years.
- Five years for less serious penalties of three years or more.
- Ten years for serious penalties, over five years.
Cancellation can be requested by the person or done automatically by the Ministry of Justice.
Suspended sentences and records
A suspended sentence is still a conviction and is recorded. Once the suspension period ends successfully and the sentence is declared remitted, the cancellation period is counted in a more favourable way, as if the sentence had been served when it was suspended.
How to get a Spanish criminal record certificate
The certificate can be requested from the Ministry of Justice online with a digital certificate, in person at its offices in Palma or other cities, or from abroad through the Spanish consulate. It is often required for residence permits, nationality applications and some jobs.
Will my home country know?
EU nationals
Spain notifies convictions of EU nationals to their country of nationality through the European Criminal Records Information System (ECRIS).
Other nationals
For nationals of non-EU countries, including the United Kingdom, information is exchanged under international agreements and police cooperation. Some background checks, visa forms and professional licences also require you to declare foreign convictions yourself.
Police records
Arrests and investigations are kept in police databases even when there is no conviction. They are not criminal records, but they can appear in some checks. They can be cancelled when the case is dismissed, when the person is acquitted or after the legal periods.
A practical example
A Danish resident of Mallorca needed a clean certificate for his Spanish nationality application. His drink-driving record from eight years earlier had not been cancelled because a small part of the fine had never been paid. We located the court file, paid the balance and requested cancellation, which was granted within weeks. See drink driving. More information on the firm's main website: cancellation periods for criminal records (in Spanish).
Before you sign or say anything, call a lawyer
In a Spanish criminal case, what happens in the first hours shapes everything else. Call or WhatsApp us and an English-speaking criminal lawyer will tell you, in confidence, what to do next.
Questions about Spanish criminal records
How long does a criminal record last in Spain?
From six months to ten years after the sentence is extinguished, depending on its seriousness, if you do not reoffend.
Is a plea deal recorded?
Yes. A plea deal is a conviction and is entered in the criminal records register.
Can I get my Spanish criminal record certificate from abroad?
Yes, through the Spanish consulate or online with a digital certificate.
Are police records the same as criminal records?
No. Police records are kept separately and can be cancelled through a different procedure.