Criminal Record Certificate & Apostille for Spain
The criminal record certificate confirms to the consulate and the UGE-CE that you have no criminal record in your country of nationality, and sometimes in a country of prior residence. The document itself is simple, but it comes with three mandatory steps in a strict order — get the original, apostille it, get a sworn translation — and applicants get one of these steps wrong on almost every file.
Contents
- What it is and where to get it
- Apostille or consular legalisation
- Sworn translation
- The correct order of steps
- Validity period
What it is and where to get it
The criminal record certificate (certificado de antecedentes penales) confirms that the applicant has no criminal record in their country of nationality, and often in countries they previously lived in as well. It is issued by the relevant government authority in the country of origin — typically the ministry of justice, the interior ministry, or an equivalent body, depending on the country. For most national visas (non-lucrative, digital nomad, work visa, family reunification, entrepreneur visa) the certificate is a mandatory part of the file and is required for every adult applicant.
For Law 14/2013 permits the circle of countries is named in the law itself: Spain and the countries where the applicant resided over the last two years (article 62.3.c). The certificate itself does not have to cover five years: the five-year window belongs to the responsible declaration, which the applicant signs and no authority issues. So if you hold one nationality but legally lived in another country for the last two years, you need the certificate from both.
For national visas under the general regime consulates often ask for more: from the country of nationality and from countries of residence over a longer period. That is consular practice, not the rule of Law 14/2013, and it has to be checked against your own consulate’s instructions.
Apostille or consular legalisation
A certificate issued abroad is not accepted by Spanish authorities on its own — it needs an additional layer confirming its authenticity. From there it splits into two paths:
- If the issuing country is a party to the 1961 Hague Apostille Convention, the original certificate gets an apostille. In most countries this is handled by the foreign ministry, the ministry of justice, or an authorised notarial body.
- If the issuing country is not a party to the convention, you need consular legalisation instead — a longer process that usually runs through several authorities in the issuing country plus the Spanish consulate.
Sworn translation
If the certificate is not in Spanish, you also need a sworn translation (traducción jurada) done by a translator officially accredited by Spain’s Ministry of Foreign Affairs (or the equivalent authority of the country you are filing in). A regular translation, even one notarised in the issuing country, is not accepted by Spanish authorities — it has to come from a sworn translator on the MAEC register.
The correct order of steps
The order matters and cannot be reversed:
- Get the original certificate from the competent authority in the issuing country.
- Apostille (or legalise) that exact original — before translation.
- Order a sworn translation covering both the certificate text and the apostille text.
Translating before apostilling means the translation will not reflect the apostille, and you will have to order it again — a costly and slow mistake, especially when the translator is in another country.
Validity period
There is no single legal validity period that applies to every case, but consular practice generally falls within 3 to 6 months from the certificate’s issue date to your filing date. Always check the exact figure in the instructions of the consulate you are filing with — the difference between “3 months” and “6 months” can determine whether you have time to complete the apostille and translation before it expires.
Common mistakes with the criminal record certificate
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Translation done before the apostille. The most common and costly mistake: the translation does not reflect the apostille, and the whole translation has to be redone.
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Overlooking a country of prior residence. The applicant submits only the certificate from their country of nationality, forgetting the consulate also requires one from a country where they previously lived legally for more than six months to a year.
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Certificate expired by filing time. More than the allowed window (usually 3 to 6 months) passes between getting the certificate and the filing appointment, and the consulate asks for a new one — restarting the whole apostille-and-translation cycle.
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Translation from an unaccredited translator. A regular translation, even a good one notarised under another country’s rules, is not recognised as valid by Spanish authorities.
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Confusing an apostille with legalisation. The applicant obtains an apostille in a country that is not a party to the Hague Convention — the apostille is invalid, and the actually required document (consular legalisation) was never obtained.
Frequently asked questions
Which country's criminal record certificate do I need?
For Law 14/2013 permits (digital nomad, entrepreneur, highly qualified professional, intra-company transfer) the law names the exact circle: Spain and the countries where you resided over the last two years, article 62.3.c of Law 14/2013. On top of that you sign your own responsible declaration of no criminal record for the last five years: that is a separate document, not the coverage of the certificate. For national visas under the general regime consulates often ask for more, from the country of nationality and from countries of residence over a longer period - check the instructions of your own consulate.
Does the criminal record certificate need an apostille?
Yes, if the issuing country is a party to the 1961 Hague Apostille Convention — the apostille goes on the original certificate. If the issuing country is not a party to the convention, you need consular legalisation instead, which takes longer and usually passes through several authorities.
How long is the certificate valid?
Consular practice generally falls within 3 to 6 months from the issue date to the filing date, but the exact figure depends on the specific consulate and the issuing country. A safe rule of thumb is to work to the more conservative 3-month window to avoid a rejection on a formality.
In what order should I do the apostille and the translation?
Strictly: get the original certificate first, then apostille (or legalise) that original, and only then order a sworn translation — the translation must cover the apostille text as well. A translation done before the apostille will have to be redone.
Do children need a criminal record certificate?
Generally no: the certificate is required from applicants who have reached the age of criminal responsibility in their country of origin (usually 18, earlier in some countries). Minor children included in an application usually are not asked for one, but confirm this for the specific procedure.