Criminal record certificate for Spanish residency: countries and periods

Criminal record certificate for a Spanish residence permit: what is required by residence ground

There is no universal formula. The law and the Reglamento set different periods and countries depending on the basis, and the authority checks what is written for your procedure. The table shows the main cases; it does not replace the checklist of your consulate or the UGE (Unidad de Grandes Empresas, the ministry unit that handles applications under Ley 14/2013).

Adult here means having reached the age of criminal responsibility under Spanish rules (mayor de edad penal). For minors, check the requirement with the consulate.

The UGE checklist for the DNV adds an exception: if the applicant already holds a permit to reside or stay in Spain for more than 6 months and the certificate was submitted for that permit, it is not required again [3]. This is useful for renewal and for a change of basis.

Which countries and years the certificate should cover

Before ordering, draw up a timeline: which countries you lived in and on which dates over the last five years. What counts is the countries where you actually lived; your country of nationality on its own decides nothing. If you spent the first years of the five-year period in one country and then moved to another, you may need certificates from both. For the DNV, a certificate is needed only from the countries where you have lived in the last two years, and the five years are covered by a declaration [1][3].

Also write down any previous surnames and first names if they have changed: the certificate is ordered under the same version that appears in your passport, and any additional versions should be clarified in advance. A spelling mistake can only be fixed later by ordering a new certificate.

Check separately the wording “for offences under Spanish law”. The law and the Reglamento mean the absence of convictions for acts that are also offences in Spain [1][2]. How this works in your case is determined by the authority and a lawyer, not by the applicant.

How to order the certificate: the general procedure

The certificate is issued by an authority of the country where you lived or, in some cases, by its consulate. For Russia this is the Ministry of Internal Affairs (MVD) through Gosuslugi; the procedure is described in the article criminal record certificate from Russia: Gosuslugi, apostille and translation. If you have lived in Spain, the Spanish certificate is issued by the Ministry of Justice under a separate procedure: certificado de antecedentes penales. When you apply in Spain, the authority as a rule requests the Registro Central de Penados data itself: this is stated for arraigo and a number of other procedures [2].

The procedure in other CIS countries is governed by each country’s legislation; we do not describe it here, so check the sources of their authorities.

Apostille, legalisation and translation of the certificate

A certificate issued by a public authority is a public document. The Ministry of Inclusion requires public documents from foreign authorities to come with an apostille if the issuing country is party to the Hague Convention, or legalised at a Spanish consulate if it is not. A translation into Spanish is then required [4]. In its note on the telework visa, the Spanish consulate in Moscow wrote that certificates from Russia, Belarus, Armenia and Uzbekistan must carry an apostille, and that a certificate from Turkmenistan is signed by a diplomatic agent of the consulate in Russia. The note is dated 2 May 2023, so check it again before applying [5].

In Russia, the apostille on a criminal record certificate is issued by the MVD [7]. The sworn translation is ordered after the apostille: sworn translation for Spain. General procedure and exceptions: apostille and legalisation of documents for Spain.

Certificate validity and timing

Neither the law nor the UGE checklist for the DNV sets a single “three months” validity period [1][3]. This does not mean there are no limits: the consulate or the oficina de extranjería may set a period in its checklist. Find it out in advance and work to it. Ordering the certificate, the apostille, the translation and booking an appointment to apply together take weeks. If the certificate is ready months before you apply, the question of whether it is current will arise, and a new apostille will not make an old certificate recent.

If your application date has moved, assess the file before sending it, not after a requerimiento. How to respond to a request from the authority: requerimiento and subsanación.

If the certificate shows a record

Do not alter the document or remove a page. An entry on the certificate and a refusal of a residence permit are not the same thing. For permits for family members of Spanish citizens, the Reglamento says expressly (Article 98) that a criminal record is not in itself a reason for automatic refusal; the authority assesses whether the person poses a genuine and present threat to a fundamental interest of society [2].

In its judgment of 8 July 2026 (published in the BOE on 22.09.2026), the Tribunal Supremo annulled the provisions of Articles 97.4 and 98.1 that required automatic refusal on grounds of a criminal record without an individual assessment, in cases falling under Article 20 of the Treaty on the Functioning of the EU [6]. The judgment concerns these family cases and cannot be extended to all bases.

The DNV and other bases are governed by their own rules: the condition of having no convictions for acts that are also offences in Spain [1]. What to do about an entry in your case depends on the nature of the entry, how old it is, whether it has been expunged and the basis. This is a question for a lawyer; we do not assess individual cases here.

If you cannot get the certificate

An exception is set out for residence visas of an exceptional nature (Article 42 of the Reglamento): where it is proven impossible to obtain the certificate from the country’s authorities, a declaration of no criminal convictions for five years may be used instead [2]. We have not found such a general exception for other procedures. If the country does not issue certificates, is closed, or the certificate is unavailable for reasons beyond your control, prepare documents explaining why and agree the procedure with the authority or a lawyer before applying.

Common mistakes

• Ordering a certificate “only from the country of nationality” when you actually lived in another country.
• Not checking which period applies: two years for the DNV, five years for most other bases.
• Getting the order wrong: translating the certificate before the apostille and then translating the stamp separately.
• Ordering the certificate many months before applying, and then the application date moves.
• Not attaching the five-year declaration when applying for the DNV.
• Sending the certificate to several intermediaries. The document contains criminal record information, so pass it to one responsible person and by a secure method.

When you need an individual review

A review is needed if the certificate shows an entry, if you cannot obtain the document, if you have lived in several countries in recent years, if your surname or first name has changed, and when changing the basis of your residence permit where it is unclear whether a new certificate is needed. There is no universal answer: everything depends on the basis, the country and the dates. A general checklist to compare against: documents for a residence permit in Spain.

How we can help

The ReloVictory team helps you work out which certificates you need and for which periods, build a timetable for ordering, the apostille and the translation, and check the file before you apply. Contentious questions about entries on the certificate and about exceptions go through the team’s lawyer. More: “Documents” service.

Frequently asked questions

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.