Continuous residence
Prove that you have remained continuously in Spain during the last five years immediately prior to the date on which you submit your application.
Exceptional case notice
If you do not meet the 5-year requirement and your country of origin delays the document, the law provides that if you prove you requested it and a month passes without receiving it, the Spanish Government will try to obtain it. If, after another month, there is no reply, you can submit a responsible declaration stating that you have no criminal record.
The 5-year exception: how to avoid your country’s criminal record
The general rule requires having no criminal record in Spain and in the countries where you have lived during the five years prior to your entry into Spain. However, the new regulations introduce a key «legal lifeline»: you do not need to prove the absence of criminal record in a third country if you meet one of these two conditions:
Prior accreditation
You have already demonstrated the absence of criminal record in another immigration request submitted during the last five years, provided you have not left Spain since then.
What if you have criminal records in Spain but they are cancellable?
Many foreigners fear that an old conviction in Spain will ruin their regularisation. The new draft is more protective in this respect: if you have criminal records in Spain’s Central Register of Convicts, but due to time passed or the type of offence they are cancellable, your file will not be automatically denied.
1
Ex officio
If cancellation can be carried out ex officio, the competent Extranjería authority will inform the Ministry of Justice so it can proceed with cancellation before issuing a decision on your application.
2
At the applicant’s request
If you are the applicant who must carry out the cancellation procedure, the Administration will formally require you to proceed with the cancellation before issuing a final resolution.
Difference between «Criminal Records» and «Open Criminal Cases» (Police Records)
It is vital to distinguish between these two situations for the viability of your application:
Criminal Records
They result from a final conviction issued by a judge and are recorded in the Central Register of Convicts. They are a direct ground for refusal if they are not cancelled.
Open Criminal Cases / Police Records
They stem from detentions, complaints or investigations (being charged or under investigation) where no final judgement exists yet. These events are documented in the police report that Extranjería requests internally.
The law’s ruling
The law expressly states that the mere existence of criminal record information in the police report will not entail the automatic denial of authorisation. In these cases, the competent authority will evaluate your case case-by-case and with due circumstances to determine if you truly pose a «threat to public order, public safety or public health».
Validity and apostille requirements for the foreign certificate
Official drafts require providing the documentation that proves the absence of criminal records for offences that exist in the Spanish legal system. Every foreign public document must meet two strict rules:
Legalisation / Apostille
The document must be legally validated obligatorily through the Hague Apostille (or via diplomatic channels for non-signatory countries) issued by the country of origin. A compulsa of your consulate in Spain DOES NOT have legal validity for this procedure.
Validity
If the certificate from the country of origin does not indicate its own expiry date, Extranjería will apply the general rule requiring it to have been issued in the 3 to 6 months immediately prior to the filing date, and it must be accompanied by an official sworn translation if it is not in Spanish.
Don’t risk a denial for an old record
Clearing your criminal record or defending open police cases requires a high-level legal technique. If you have had any kind of legal incident, filing on your own or through an NGO is an extremely high risk of expulsion.
Frequently Asked Questions about Criminal Records
Do I need a criminal record if I’ve been in Spain for more than 5 years?
No. The 2026 law draft states that if you prove continuous residence in Spain during the last 5 years before the application, you do not need to provide your country of origin’s criminal record.
Does the consulate compulsa in Spain count?
No. Extranjería requires the document to be legalised through the Hague Apostille or via diplomatic channels in the country of origin. Consular compulas made in Spain do not replace this requirement.
Can I apply for regularisation with cancellable criminal records?
Yes. If you have criminal records in Spain that can already be cancelled (due to time passed), the process allows their cancellation during the handling of the application, either ex officio or at the applicant’s request.
What validity does a foreign criminal record certificate have?
If the document does not indicate an expiry date, it is considered valid for between 3 and 6 months from its date of issue for Extranjería.
Does a police detention without a conviction prevent residency?
Not necessarily. The Administration assesses whether police records (open cases) truly represent a real threat to public safety. It is not an automatic refusal like firm criminal records that are not cancelled.