A considerable number of people have given up their life in Spain to return to the UK, for which there are a variety of reasons, but for some, they have come into difficulty finding a job back in their homeland, on account of not having a continuous history in the UK, when it comes to having to prove a lack of a criminal record in order to get certain jobs.
The good news is that a criminal record certificate (El certificado de antecedentes penales en España) can be issued by Spain, and recognised by the UK, but it is far easier to obtain BEFORE you return to the UK, and IF you have a digital signature.
It is still possible if you have gone back, just a little more complicated if you don’t have a digital signature.
It is also worth noting that there are two types of certificates issued in Spain, the first a generic certificate, the second is specifically for those intent on working with minors in Spain, and here we are talking about the first option only. The general certificate may well be enough to satisfy the requirements in the UK, so it would be worth checking with your prospective employer.
What is the criminal record certificate and what is it for?
A criminal record certificate is a document issued by the Ministry of Justice that consults the data collected in the Central Registry of Prisoners, demonstrating the existence or non-existence of criminal charges.
The criminal certificate is used to verify if a person has been convicted of committing a crime classified in the Penal Code in Spain.
We will need a criminal certificate on countless occasions. For example, in Spain, to obtain a weapons licence, apply for residency in some cases, access certain jobs or even to attach it to the documentation of the Second Chance Law, if you want to benefit from it.
Who can request the criminal record certificate?
Criminal record certificates can be requested by both natural persons and legal entities. The latter acting through accredited legal representatives.
Can you request the criminal certificate on behalf of another person?
Yes, the criminal record certificate can be obtained by a person other than the interested party.
To do this, you will need to previously authorise him or her as your representative before a Notary, with the corresponding Notarial Certificate, or by appearing before a public employee.
How much is the criminal record certificate fee?
As of 2024, the criminal record certificate fee costs 3.86 euro.
How to pay the criminal record certificate fee?
To facilitate the process, the Ministry of Justice allows different ways to pay the fee:
- On-line.
- In person.
- From abroad.
Pay the criminal record certificate fee online
If you have an operational bank account and an electronic signature, you can do it through Online Banking. Most banking entities collaborate with the Tax Agency, so you won’t have a problem.
In the “790 Administrative Fees” section you must indicate the receipt number corresponding to the previously downloaded form 790.
Sometimes, there is the option “Code 006 Administrative Fees Ministry of Justice”, so the document to download will be 790-006.
After making the payment, you must present proof in person or by mail.
It is important that said receipt contains the Complete Reference Number or NRC (code that is generated as a receipt to identify a tax income) along with the “Copy for Administration” sheet of form 790.
Pay the fee in person
Another way to pay the fees is by going in person to your bank’s office, carrying the printed form 790 that we have already mentioned.
The bank will provide you with proof of payment with the “Copy for the Administration” that you must present in person or by mail to obtain the criminal record certificate.
Pay the criminal certificate fee from abroad
Finally, if you are abroad, you can pay the fees in two ways:
By Bank transfer
The first option is to pay the fee by means of a transfer to the revenue account of the Ministry of Justice.
The account details are as follows:
Bank – BBVA
Account holder: Ministerio de Justicia – Cuenta Restringida Recaudación Tasas Extranjero
NIF of the Account Holder: S-2813610-I
IBAN: ES62 0182 2370 4202 0800 0060
Bank Identification Code (BIC): BBVAESMMXXX
In person
The second option is to go in person to a Spanish bank that collaborates with the Tax Agency that has an office in the country where you are.
In that case you must provide the completed form 790 to the bank, and subsequently prove the payment in the “Copy for the Administration” copy.
Documentation necessary to request the criminal record certificate
If you process the criminal record certificate for yourself
When requesting the criminal record certificate online from the electronic headquarters of the Ministry of Justice through the cl@ve system, the digital certificate or the electronic DNI, you do not have to provide any documentation.
On the other hand, if you choose to request criminal records in person, you will have to complete form 790, which we have already mentioned previously.
In addition, you will have to provide proof of payment of the fee and show your ID to prove your identity.
Finally, if you want to obtain the criminal record certificate by postal mail, you must send a completed form 790, proof of payment of the fee, a certified copy of your ID and a letter authorising the Administration to respond to you by postal mail or electronic mail.
The latter case will only be possible if diplomatic legalisation is not necessary or if the certificate contains information from another EU Member State, of which the applicant is a national.
If you request the criminal certificate for another person
When the criminal record certificate is requested by another person, in addition to proving their identity, they must provide the original or certified photocopy of the DNI of the person represented and the original or certified photocopy of the document that certifies their representation.
This accreditation document may be a public document authorised by a notary, a private document legitimised by the notary, or a private document granted by the interested party before a public official.
How to request the criminal record certificate?
Depending on the method you choose, to request this proof you will have to request it from the Oficina Central de Atención al Ciudadano (online method and by postal mail) or from the Ministry of Justice (telematically).
Request the criminal record certificate in person
To obtain the criminal record certificate in person, you must go to one of the offices authorised for this purpose.
The offices of the Gerencia Territorial del Ministerio de Justicia are located in major cities throughout Spain, including Murcia and Valencia, for example.
In any case you will have to make an appointment in advance.
You will have to complete the form 790 that they will provide you and, later, pay the corresponding fee.
You can do it through Electronic Banking or by physically going to one of the banking entities collaborating with the Tax Agency.
By presenting proof of payment to the Administration and your ID to identify yourself, they will give you the criminal certificate immediately.
Request the criminal record certificate by postal mail
If you prefer to obtain the criminal record certificate by postal mail, you must send the aforementioned documentation to the corresponding Territorial Management of the Ministry of Justice or, in the case of Madrid, to the criminal records section of the Central Citizen Service Office.
The criminal record certificate is issued within 3 to 10 business days from receipt.
Obtain the criminal record certificate online
First of all, we will have to go to the website of the Ministry of Justice : Ministerio de Justicia: Certificado de Antecedentes Penales – Trámites – Sede Electrónica
https://sede.mjusticia.gob.es/es/tramites/certificado-antecedentes
Once inside, you must look for the section titled Request for electronic certificate of Criminal Record for natural persons, and click on “Online processing with Cl@ve”. Solicitud de certificado electrónico de Antecedentes Penales para personas físicas, “Tramitación online con Cl@ve”, in Spanish.
It will redirect you to the key gateway to select the method with which we are going to identify ourselves:
- Digital certificate or electronic DNI.
- Permanent key.
- Cl@ve PIN.
After accepting data processing, we will see a series of personal data.
It is essential to indicate the telephone number with the international code of Spain (+34).
We will then have to proceed to pay the fee which, as we already know, is 3.86 euro.
We can pay the fee by bank transfer or by card, depending on the bank.
The bank account or card from which the payment will be made will have to be in the name of the person whose certificate is to be downloaded.
Likewise, at the bottom of the screen we will have to select the purpose of the criminal record certificate.
In the event that the certificate is to benefit from the Second Chance Law, you must select “Particular interest”.
Finally, you will have to click on “Send”, “Enviar”.
How long does it take to obtain a criminal record certificate online?
Generally, if the data entered is correct, the download will be immediate. However, it may take 24 hours to 3 business days for the certificate to be issued.
If the criminal record certificate has not been downloaded immediately upon request, you must download a document with proof of payment and the registration of the request. This document includes an application number that you will need to subsequently download the certificate once it is available.
How long does the criminal certificate last?
The criminal record certificate is valid for a maximum of three months. After that period, you will have to request it again.
You can find out more information on the Ministry of Justice website, https://www.mjusticia.gob.es/es/ciudadania/tramites/certificado-antecedentes
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