CRIMINAL vs POLICE RECORDS
The complete guide

Understanding the Difference Between Criminal Records and Police Records in Spain
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When dealing with legal matters in Spain, it is essential to understand the difference between criminal records (antecedentes penales) and police records (antecedentes policiales). Both types of records relate to an individual’s interactions with law enforcement and the justice system but serve different purposes and can have varying consequences. People often confuses them and have issues to know if they have records of both or how to cancel them and when.This guide aims to provide you with a comprehensive understanding of these records, their implications, and how to manage them effectively.
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What are Criminal Records?
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Criminal records are official documents that show if a person has been convicted of a crime in Spain. These records are maintained by the Ministry of Justice (Ministerio de Justicia) and are often used for various legal and administrative purposes.
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Criminal records are the records that you have for a crime that you have been sentenced of. It is not a crime not to pay a parking penalty, your rent etc.. Needs to be a crime.
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Key Features of Criminal Records
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Here are the main features of criminal records that you need to know:​​​

​​​​​​​​​​To better understand how criminal records work, let's look at an example.
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Imagine Juan, a 28-year-old man who was convicted of theft. After going through the legal system, Juan was sentenced to community service and a fine. This conviction will appear on his criminal record. Even years after serving his sentence because it needs to take sometimes for it to be deleted.
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What are Police Records?
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Police records differ from criminal records. They are related to the Police. This may include arrests, charges, investigations, or other encounters with law enforcement, regardless of whether these actions resulted in a court conviction. Any person arrested will have police records for being arrested but not all arrested will have criminal records as it might be inocent later.
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Key Features of Police Records
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Understanding the features of police records is essential for individuals seeking clarity on their legal standing:
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​​​​Example of a Police Record
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Let’s consider the case of Maria, who participated in a peaceful protest that unexpectedly turned into a confrontation with law enforcement. Maria was arrested but later released without any charges filed against her. Despite not being convicted of a crime, her police record will still indicate that she was arrested. This record could affect Maria’s future opportunities, such as applying for jobs, since some employers conduct background checks that include police records.
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Key Differences Between Criminal Records and Police Records
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To provide clarity, here’s a side-by-side comparison of criminal records and police records:​​​​​​​​​​​
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​​​​​​​​​​​​​​​​How Can a Person Have Both Criminal and Police Records?
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A person may have both records based on their interactions with the law:
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Police Record: A police record is created when a person is arrested or involved in an investigation, regardless of the outcome.
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Criminal Record: If the case proceeds to court and results in a conviction, this will then be added to their criminal record.
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As we mentioned, it is also important to note that individuals can have a police record without a criminal record. For example, if someone is arrested but later acquitted, they will have a police record but not a criminal record. Conversely, it is also possible to have a criminal record without having an active police record, particularly if the charges are from a long time ago and have been resolved.
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How to Check if You Have Police Records
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If you are unsure whether you have a police record, you can follow these steps:
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Contact the Relevant Police Department: Reach out to the Policía Nacional, Guardia Civil, or Mossos d'Esquadra (if you are in Cataluña). They can provide information regarding any records held against you.
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Submit a Request: You may need to submit a formal request to access your records. This request can usually be made in person or online, depending on the police department's procedures.
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Provide Identification: Be prepared to present your valid ID (such as a DNI or NIE), as this will be required to verify your identity.
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Wait for a Response: After submitting your request, you may need to wait for a few days or weeks to receive a response from the police department.
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Important Links for Accessing Police Records
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Policía Nacional: Access Your Police Records
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Guardia Civil: Guardia Civil Official Site
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Mossos d'Esquadra: Mossos d'Esquadra Official Site
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How to Check if You Have Criminal Records
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To find out if you have a criminal record in Spain, you can take the following steps:
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Visit the Ministry of Justice Website: Go to the official Ministry of Justice website (Ministerio de Justicia).
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Request a Certificate of Criminal Records: You can request a “Certificado de Antecedentes Penales” (Certificate of Criminal Records). This document will confirm whether you have any convictions on your record.
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Prepare Your Documents: You will need to provide:
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A valid ID (DNI, NIE, or passport).
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A completed application form, which can be downloaded from the Ministry of Justice website.
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Submit Your Request: You can submit your request online, by mail, or in person at your local Ministry of Justice office.
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Await Confirmation: After submitting your request, you will receive confirmation regarding your criminal record status, typically within a few days.
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Important Links for Accessing Criminal Records
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Will Criminal or Police Records Affect My Spanish Nationality Application?
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Yes, both criminal and police records can significantly affect your application for Spanish nationality. When applying for nationality, authorities conduct thorough background checks to ensure applicants meet legal requirements.
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Criminal Records: If you have a criminal record, especially for serious offenses, this could negatively impact your nationality application. Authorities may consider the severity and recency of your convictions. For example, if someone has been convicted of a serious crime, they may be deemed unsuitable for citizenship.
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Police Records: Police records can also influence nationality applications. Even if you were never convicted of a crime, a record of multiple arrests or ongoing investigations may raise concerns about your character and behavior. For instance, if a person has a history of frequent police encounters, this could lead to suspicion about their commitment to adhering to Spanish laws.
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The impact of the police and criminal records under the new Immigration Law 1155/2024
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The new law 1555/2024 introduces significant changes regarding police and criminal records, particularly for individuals applying for or renewing residence permits in Spain. This law aims to create a fairer and more transparent process for those with past records.
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Key Articles of Law 1555/2024
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Article 5 - Impact on Applications: This article clarifies that when someone applies for a residence permit, their past criminal convictions will be evaluated based on how long ago they occurred and how the individual has behaved since the conviction. For instance, if a person was convicted of a minor crime several years ago but has since lived a law-abiding life, this may positively influence their application.
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Article 7 - Consideration of Rehabilitation: This article emphasizes that if an individual can demonstrate rehabilitation—such as completing community service or not committing any new offenses—their past records may not have a significant negative impact on their applications. For example, if a person named Sofia completed her sentence for a minor offense and has shown good behavior since, she may still qualify for a residence permit or renewal despite her previous conviction.
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Examples of How This Law Affects Applications
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Arraigo Sociolaboral (Social Labor Ties): This type of residence permit is granted to individuals who have been living in Spain for at least two years and can demonstrate social ties. Under the new law, if an applicant like David has a police record but can provide evidence of stable employment and community involvement, he may be favorably assessed for his application.
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Renewals of Temporary Residences: When renewing a temporary residence permit, the authorities will take into account the applicant's behavior since their last permit was issued. If Laura, who has a minor police record, has contributed positively to her community and fulfilled all her obligations, her renewal application may be approved even with her previous record.
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Steps to Cancel Criminal Records
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Cancelling a criminal record in Spain involves a detailed process. Here’s a step-by-step guide to ensure you complete each necessary action:
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Step 1: Complete Your Sentence
Before applying for cancellation, it’s important to have fully completed your sentence. This includes.
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Serving any prison time (if applicable)
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Fulfilling community service requirements.
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Paying any fines imposed by the court.
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Step 2: Understand the Rehabilitation Period
After completing your sentence, you must wait for a specified rehabilitation period before applying for cancellation. The duration depends on the severity of the crime:
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Minor Offenses: 6 months
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Crimes Punishable by Up to 12 Months: 2 years
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Crimes Punishable by Up to 3 Years: 3 years
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Serious Crimes: 5 years
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Very Serious Crimes: 10 years
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For example, if an individual was convicted of a minor theft and completed their sentence, they can apply to cancel their record after waiting for 6 months.
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Step 3: Prepare Your Application
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Once the rehabilitation period has passed, you can prepare your application for cancellation. The required documents typically include:
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A valid ID (DNI, NIE, or passport).
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Proof of sentence completion, such as a certificate from the prison or probation service.
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The completed application form, which can be downloaded from the Ministry of Justice website.
Step 4: Submit Your Application
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You can submit your application to the Ministry of Justice through various methods:
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In Person: Visit your local Ministry of Justice office.
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By Mail: Send your application documents via postal service.
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Online: Check if online submission is available for your region.
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Step 5: Await Confirmation
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After submitting your application, you will need to wait for confirmation from the Ministry of Justice regarding the status of your cancellation request. This process may take several weeks, so it is important to be patient.
Important Links for Cancelling Criminal Records
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Cancellation of Criminal Records Application Form:
Ministry of Justice Cancellation Form
Detailed Guidelines:
Ministry of Justice Guidelines for Cancellation
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Cancellation of Police Records
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Similar to criminal records, police records can also be cancelled under certain circumstances. Here’s how to navigate the process for canceling police records:
Steps to Cancel Police Records
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Contact the Police Department: Reach out to the relevant police department (Policía Nacional, Guardia Civil, or Mossos d'Esquadra) to inquire about the cancellation process for your specific records.
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Submit a Request: Formally request the cancellation of your police record. This request can usually be made in person or online, depending on the department’s guidelines.
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Prepare Your Documents: Include a valid ID and justification for the cancellation (e.g., proof that the case was dismissed or you were acquitted).
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Await Confirmation: After submitting your request, you will need to wait for the police department to review and confirm the cancellation of your record.
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Important Note on Police Record Cancellation
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Unlike criminal records, police records do not necessarily require a waiting period tied to criminal records. You can apply for police record cancellation even if your criminal record has not been cancelled, as long as you meet the necessary conditions, such as no ongoing legal matters.
Important Links for Cancelling Police Records
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Policía Nacional: Request Form for Police Record Cancellation
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Guardia Civil: Guardia Civil Official Site for Record Cancellation
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Mossos d'Esquadra: Mossos d'Esquadra Cancellation Guide
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If I Have Criminal Records, Will I Be Evicted from Spain?
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Having criminal records does not automatically mean you will be evicted from Spain. However, it can influence immigration decisions. If you have a serious criminal conviction, especially if it is recent, it could lead to complications when applying for residency or nationality.
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For instance, if an individual is found guilty of a serious crime, the authorities may take action against their residency status, which could lead to deportation. However, if a person has completed their sentence and has demonstrated rehabilitation, they may not face eviction. Understanding the nuances of how criminal records can affect residency status is crucial for anyone looking to secure their place in Spain.
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Conclusion
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In summary, understanding the difference between criminal and police records in Spain is vital for anyone navigating the legal landscape. Criminal records document final convictions, while police records cover broader interactions with law enforcement. With the recent changes introduced by Law 1555/2024, individuals with past records may find a more favorable consideration during residency and nationality applications.
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By following the outlined steps for cancellation and understanding the implications of these records, individuals can take control of their legal situations.
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If you need assistance with your legal situation, MSM Legal Consulting is here to help. Our experienced team can guide you through the criminal process and defend your rights to ensure that you receive fair treatment and the best possible outcome. We are dedicated to making sure that your voice is heard and that you are treated justly. Contact us today for a consultation!
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