Criminal record and immigration papers: arraigo, residence and nationality in Spain

If you are applying for "arraigo", renewing your residence permit or applying for Spanish nationality, a criminal record can be the reason for a refusal. The good news is that, in many cases, it can be expunged before you submit your application. We explain when it matters, what the time limits are and what you should do.

Why does a criminal record matter in immigration matters?

For most residence permits, Spanish immigration rules require that you have no criminal record in Spain or in the countries where you previously lived. For nationality, good civic conduct is also assessed, and the criminal record certificate is one of the first things checked.

In practice, a record that still appears on the certificate can be enough for the Immigration Office or the Ministry to refuse the application, even if the offence was old or minor.

A criminal record is not forever: expungement time limits

Article 136 of the Spanish Criminal Code allows a criminal record to be expunged once the sentence has been served (prison time completed, fine paid or suspension ended) and a period has passed without reoffending. The time limits depend on the sentence imposed:

• 6 months for minor penalties.
• 2 years for penalties of up to 12 months and for offences of negligence.
• 3 years for other less serious penalties of under 3 years.
• 5 years for less serious penalties of 3 years or more.
• 10 years for serious penalties.

The period runs from the day after the sentence was extinguished. We explain it in more detail in Expunging a criminal record in Spain: time limits and procedure.

The most common mistake: applying without checking the certificate

Many people submit their arraigo or nationality application without first checking their criminal record certificate. If something appears, the application is refused and they have to start again, with all the time, fees and stress that involves.

Although the law provides for expungement to happen automatically, in practice it does not always happen in time. The sensible approach is to:

• Request your criminal record certificate before preparing the file.
• If any entry appears, check whether it can already be expunged and apply to the Ministry of Justice.
• Wait until the expungement is recorded and only then submit your residence or nationality application.
• If you have lived in other countries, also check the certificates from those countries, with legalisation or apostille and translation.

What if your application has already been refused?

If your permit has been refused because of a criminal record, you need to examine whether the record could have been expunged on the date of the application, whether the decision can be appealed and whether it is better to expunge first and reapply. Every case is different and appeal deadlines are short, so do not let time pass.

Do you need a criminal lawyer in Almería?

At Castillo & Martín Abogados we review your criminal record, handle the expungement and help you submit your application without surprises, in Almería, El Ejido, Roquetas de Mar or Vera. Message us on WhatsApp at +34 722 48 46 43 or book an appointment on our contact page.

Diego Castillo Barroso / Alejandro A. Martín Barrera