Criminal Record Certificate
What is it?
It is a certificate that serves to prove absence or existence of a criminal record.
NOTE: If you regularly work with minors in Spain, you must apply, preferably on-line, for a Sexual Offences Certificate, since this is the only document valid for the purpose.
Criminal Record Certificates issued since 1 March 2016 ARE NOT VALID for working with minors in Spain
Who can request it?/present
Any natural person of legal age, as well as legal persons through their legal representatives.
Minors, or persons with legally reduced mental capacity must be represented by a parent or legal guardian.
When requested for EU citizens other than Spanish nationals, criminal record information must be requested from the central authority of the Country of their nationality and attached to the Spanish certificate issued. In this case, the issue of the certificate will depend on the regulations, practices and timescales of the country in question.
NOTE: The information in this section is only relevant if you intend to apply in person or by post. If you have an electronic certificate, log in to The Ministry of Justice Web Site.
- Completion of the form.- Using Form 790 or get it from:
- The Regional Offices of the Ministry of Justice.
- In Madrid, at the Central Citizens’ Assistance and Information Office.
- Proof of identity of the applicant
- The interested party
Must present the original or a certified copy of: National ID, Spanish Foreign Residency Card, Passport, community ID document or current valid Spanish Driving Licence, provided that the document submitted allows reliable identification of the person for whom the certificate is being requested.
- Another person representing them
WHEN THE REQUEST FOR THE CERTIFICATE IS NOT MADE PERSONALLY BY THE INTERESTED PARTY, BUT BY A REPRESENTATIVE, said representative, besides proving their identity with the documentation cited in point 2 supra, must also submit:
- An original or certified copy of the valid identification document of the person represented.
- Original or certified copy of the authorisation certifying their legal representation by any legally valid means which provides a reliable record of same (a public document authorised by a notary public, a private document with the signatures authenticated by a notary public or a private document issued after a personal appearance by the person concerned before a public official, who shall place this circumstance on the record in an official document).
- When applying for the certificate for a LEGAL ENTITY, the legal representation must be accredited by notarial deed and an original or certified copy thereof included.
- The interested party
- Payment of the fee.- Confirmation of payment of fee, by one of the following options:
- On-line banking payment
- If you have an active account with any of the financial institutions that work with the Spanish Tax Agency, you may make payment using their electronic systems.
- To do this, you must first download form 790 from this website, and include the confirmation number in the box "Tasas Administrativas 790" from your internet banking system, and if the option is available, "Código 006 Tasas Administrativas Ministerio de Justicia".
- For the certificate to be issued, the payment confirmation showing the NRC supplied by the electronic banking system , together with the sheet "Ejemplar para la Administración" of form 790 must be presented at the desk, or sent by post.
- Other payment methods
- In Spain.
- You may take the completed form 790 to one of the financial institutions that work with the Tax Office (practically all of them) to make the payment. The payment will be confirmed by print or authorised signature of the financial institution on the "ejemplar para la Administración" copy of form 790 which must be presented at the desk or posted, for the certificate to be issued.
- From abroad.
- You may go in person with the duly completed form 790 to any Spanish financial institution that works with the Tax Office that has a branch in the country from which the certificate is being requested. The payment will be confirmed by print or authorised signature of the financial institution on the "ejemplar para la Administración" copy of form 790 which must be sent.
- Alternatively, payment of the fee may be done by bank transfer, providing that the transfer is from an account held in a bank located outside national Spanish territory. The transfer should be made using the IBAN or International Code for the Ministry of Justice restricted incoming payments account, detailed below, and the original confirmation of payment should be sent with the "ejemplar para la Administración" copy of form 790.
- BANK: BBVA
- ACCOUNT NAME: Ministerio de Justicia - Cuenta Restringida Recaudación Tasas Extranjero (Ministry of Justice - Blocked Account for the Collection of Fees from Abroad)
- NATIONAL ID NUMBER OF ACCOUNT HOLDER: S-2813610-I
- IBAN or International Bank Account Code: IBAN ES62 0182 2370 4202 0800 0060
- Business Identifier Code (BIC) of BBVA: BBVAESMMXXX
- In Spain.
FEE: 3,74 €
IMPORTANT: Special care must be taken to ensure payment of the correct fee, because if the wrong amount is sent the bank will be unable to return it, and for it to be returned the applicant will need to initiate a procedure for return of incorrect remittances.
- On-line banking payment
Certificates with validity in other countries
When the criminal record certificate needs to be effective in foreign countries, it must be legalised. This must be stated on the application, specifying the destination country for the document (Single authorisation or Hague Apostille).
NOTE: If the issue of a certificate is not necessary, but instead the interested party simply wishes to know the information held about them on the Central Offenders Register, on proof of identity and without the need for payment, they will have the right to access it, by showing...
If in possession of a digital certificate they may consult the absence of criminal records without payment of any fee in the Citizen's File.
Certificate requested by a Public Administration
For procedures in which any Ministry, or Autonomous or Local Administration requires a criminal record certificate, for instance for employment, adoptions, licences, etc., it is not necessary to request it personally and individually. The citizens have the right to authorise these Administrative Bodies to access their criminal record information via the Data Intermediation Platform administered by the Ministry of Revenue and Public Affairs. Authorisation form. (Link to the authorisation form) Autorización a la Administración Solicitud Penales (PDF. 268 KB)
- Any administration requesting it may register at the Downloads Section of the Electronic Administration Website
- Area Downloads > Forms and authorization procedures > Forms of access to services > Access Form HAVE NO CRIMINAL INQUIRY (359 KB DOC)
How to request it/present
- Order JUS/2871/2010, of 2 November, establishing the requirements and conditions for online processing of applications for criminal record certificates.
- Royal Decree 95/2009, of 6 February, regulating the administrative records system of the Justice Administration
- Royal Decree 1553/2005 of 23 December which regulates the issuing of National Identification Cards and electronic signature certificates.
- Organic Law 15/1999, of 13 December on Personal Data Protection.
- Organic Law 10/1995, dated 23 November, on the Criminal Code, specifically article 136.4.
- Ministerial Order of 22 March 1994, on the issuing of the certificate by post.
- Ministerial Orders of 6 April and 3 June 1993, on the issuing of the certificate by the Ministry of Justice
- Law 30/92, dated 26 November, on the Judicial Regime of the Public Administrations and Common Administrative Procedure. (Art. 35 f and 37.6 e)
- Organic Law 1/1982 of 5 May on Civil Protection of the right to honour, personal and family privacy and image.