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Certificate of Sexual Offences

What is it?

Attention: Information about Data Protection

It is a certificate that serves to prove that one has not committed any sexual offences or, where applicable, their existence. Certificates issued by the Central Sex Offenders Register set out the final sentences handed down by courts that are on record in the Register on the date of issuance of said certificates.

Organic Law 1/1996 of Legal Protection of Children, as amended by Law 26/2015 and Law 45/2015, volunteer establish the obligation of negative certificates Central Sex Offender Registry will provide for all professionals and volunteers working in regular contact with minors.

According to Spanish legislation, the certificate of crimes of a Sexual nature, is the only certificate is issued to work normally with minors in Spain, so there is no computer enabled for electronic Apostille of this type of documents. However, it is possible to comment or legalize this certificate on paper or request a certificate of criminal record and its apostille.

Who can request it?/present

Any individual of age.

Minors must be represented by a parent or legal guardian.

The Spanish Data Protection Agency in its report 0401 / 2015 and in the answers to frequently asked questions interprets that to consider it "regular work with minors", it is necessary for the job by its very nature and essence to involve regular contact with minors, with minors being the principal recipients of the service rendered. It is not necessary to present the certificate in those professions which, while occasioning regular contact with the general public, including minors, are not by their nature exclusively intended for an underage audience.

Applicants who are not Spanish nationals must submit a certificate from their country of nationality stating that they have not committed any sexual offences, in addition to the certificate from the Central Sex Offenders Register, in order to be able to “regularly work” with minors.

Further information

This certificate is free.

Regarding the moment, periodicity or frequency at which to present the certificate, Organic Law 1/1996 of 15 January, oin the Legal Protection of Minors, in section 5 of Article 13, introduced by Law 26/2015, of 28 July, modifying the system of protection for children and adolescents, provides the following:

«5. It shall be required for the access to and exercise of professions, occupations and activities involving regular contact with minors, that the person in question has not been convicted by final judgment of an offence against sexual freedom and integrity, including sexual assault and abuse, sexual harassment, exhibitionism and sexual provocation, prostitution and sexual exploitation and corruption of minors, as well as human trafficking. To that end, the person seeking access to such professions, occupations or activities must prove that fact by providing a negative certification from the Central Sex Offender Registry.

The second paragraph of said legal provision makes an express statement about the moment when the certificate of sexual offences must be provided, without directly referring in its wording the obligation of having to periodically certify compliance with such requirement to be able to carry out the professional practice continuously and without interruption, and without there having been other circumstances which justify such a request.

It follows from the content of this provision, in particular its second paragraph, that it is not necessary for workers to have to prove their compliance with this requirement at regular intervals, and therefore, apply repeatedly and periodically for said certificate, unless they are new employees at the company or organisation, or there are substantial changes in their employment relationship or position (for example, if there is a change in the company or employer for which the service is provided, or if within their employment relationship there is a change in circumstances that entails that they begin to work regularly with minors when previously they provided services to the general public, as in the case of someone in general medical practice who begins to practice as a paediatrician). However, it is up to the employer to require the certificate to be submitted again, in the event of having grounded suspicions or there being reasonable indications that the worker could have been convicted by a final judgement of a sexual offence subsequently to the initial presentation of the certificate.

All citizens may consult and obtain a document with Secure Verification Code and electronic signature with the information on record in regard to themselves in the Central Sex Offenders Register, in the section “my personal details” of the service Citizen Folder of the Ministry of Finance and Public Administration. You must identify yourself with your electronic National ID Document or a PASSWORD. Caveat: The verification of its contents is the responsibility of the party accepting this document, and this verification is carried out by introducing the 22 characters of the Secure Verification Code at the Electronic Office of the Ministry of Justice, except where the information has been obtained by any Public Administration through the Data Brokerage Platform of the Ministry of Finance and Public Administration, as well as in those cases involving companies and private organisations in which the same have obtained receipts directly from the Ministry of Justice as a result of having submitted a joint application of all its workers by means of “Batch Processing” (see the section Further information).

Procedure

Applications, and delivery of the certificates, will preferably be handled via electronic means. Only if it is necessary to resolve a discrepancy regarding the identification process or data matching will an SMS be sent to your mobile phone with a Secure Verification Code that will enable you to download the Sexual Offences Certificate.

To obtain it in this manner, it is necessary to have an electronic signature and access the The Ministry of Justice Web Site. The Electronic Headquarters of the Ministry of Justice allows any of the @firma platform, the Electronic National Identification Document and Password PIN. Obtaining one of those electronic identification systems allows an individual to obtain the sexual offence certificates quickly and simply, as well as being able to carry out many other procedures with the Administration. There are Tax AgencySocial SecurityPublic Employment Services and Citizen Services Offices from the Government Delegations distributed throughout the country that carry out the necessary identification procedures so that you can obtain an electronic signature. The Password PIN can be requested from the Tax Agency so that it is sent by post to their address. In this way, you will be able to obtain the Certificate for Sexual Offences without the need to make a trip to an office run by the Ministry of Justice.

The information shown below is only applicable to you if you intend to apply in person.

The issuance and provision of the certificate is not always carried out upon filing of the application, in that it depends on the administrative capacity of each office at each particular time. In those circumstances in which the document cannot be issued immediately, and with the purpose of avoiding errors in its issuance, a photocopy of the interested party’s National ID document is requested. When the certificate is ready an SMS is sent to the applicant’s mobile telephone, with the Secure Verification Code (SVC) that will allow the applicant to download it from the Electronic Office.

  1. The application will be presented correctly filled out, in capital letters and legible:
  2. Providing proof of identity of the person making the application.
    • The interested

      Original of the National Identity Document, Residence Permit, Passport, Spanish Driving Licence or European Union Identity document or equivalent in force, of the person for which certification is sought, provided that the document presented allows the person to be reliably identified. The presentation of the photocopy of the document that verifies the person’s identity avoids errors and speeds up the process for the certificate when this is not delivered at the time of application.

    • Another person representing

      WHEN THE CERTIFICATE IS NOT APPLIED FOR IN PERSON BY THE INTERESTED PARTY BUT BY SOMEONE REPRESENTING HIM/HER, in addition to the documentation mentioned in point 2, this person must provide:

      • Original or photocopy officially certified or verified as a true copy of a valid identification of the principal.
      • Original or certified copy of the document accrediting representation by any legally valid means providing 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 during an appearance by the person concerned before a public official, who shall note this circumstance for the record in an official attestation) or, in the case of the parents of a minor, the libro de familia (official Spanish family record).

 

 

 

More information

To facilitate the issuing of Sexual Offences Certificates for people working with minors, the following procedures have been put in place depending on the relationship between the company or public body requesting the certificate and the citizen.

  • When the Certificate is requested by a Public Administration, citizens have the right not to submit any details and documents that are already on record with the Public Administrations. All they need to do in that case is authorise the Public Administration in question to obtain this information by submitting an Authorisation Form (Modelo de autorización). To facilitate this right, the Ministry of Justice allows all Public Administrations to access the data of the Central Sex Offenders Register via the Data Brokerage Platform administered by the Ministry of Finance and Public Administration.
  • When employed by a company or organisation working with or involved in frequent contact with minors, employees may authorise a representative of that company or organisation to batch process all the certificates for their employees.

    This batch processing procedure consists in the forwarding via mail or in person of one single application, addressed to the Regional Management Office of Justice nearest to the registered office of the company, or to the Central Citizens' Assistance and Information Office in Madrid, clearly marking the envelope with the text Working with "Minors Department (Batch Processing)", and enclosing the following documentation:
    • Collated or official seal or the center or the institution's DNI, NIE, passport or valid identification Community of each of the employees / applicants photocopy.
    • Authorization (PDF. 67 KB) of each of the employees / applicants to the representative of the company to get the certificate in his name.
    • Document appearance (PDF. 77 KB) from the representative of the company to the Ministry of Justice.
    • Excel file (this file will be available on March 1) with the data filled by all applicants. This file must be submitted on CD or flash drive or send email to the Central Office of Citizen trabajoconmenores@mjusticia.es for automated processing, in order to obtain greater flexibility and choice in the expedition. The rest of the required documentation will be sent by mail addressed to the Section of Convicts: calle de la Bolsa, 8-28071 Madrid. In the case of applications to the Regional Offices should contact them in order to realize the delivery medium of this file.
    • Excel file (XLSM. 686 KB)filled with the data of all applicants. The Excel file must be submitted on a CD or pendrive, together with the hard paper copy, for automated processing. This digital copy must contain the applicants' information in the same order as in the paper copies for faster and preferential issuance.

       

    • Office corresponding to evaluate whether conduct proceedings, according to the documentation submitted, has been sufficiently demonstrated compliance with the requirements for issuing certifications requested, or it must urge those concerned to complete their application.

    Once the data has been processed, the information on record in the Central Sex Offenders Register will be provided to the applicant companies as individual enquiry receipts or as lists. These enquiry receipts, in addition to the information on the absence of offences, provide the necessary information to enable the downloading, if required, of the corresponding individual certificates. With the “Batch Processing” the company shall not be required to verify the authenticity, given that the information is received directly from the Ministry of Justice.

    If, when making the enquiry, identification or matching errors occur, the Office issuing the certificates will directly contact the person concerned to ensure that the certificate to be issued is correct and reliable.

    To avoid queues and the unnecessary travel involved in filing applications in person, we recommend the use of telematic procedures, batch applications or, if applicable, that you make use of your right to authorise the Public Administration to directly obtain the information on you that is on record on the Data Brokerage Platform.

How to request it/present

  • Cita Previa
How to request it/present
  • Inicia tu solicitud
  • Status of my application
  • Ministry´s Citizens Services Office and General Register