Criminal Record Certificate & Apostille for Spain

~4 min read · Published 22 July 2026 Updated and checked against official sources 29 September 2026

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.

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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 general-regime visas and permits the circle of countries is also set by the rules: a certificate from the country or countries where the applicant resided over the last five years, covering offenses that exist in Spanish law. This applies to any residence visa (art. 38 RD 1155/2024, letter e), to a study visa for more than six months (art. 35 RD 1155/2024, letter j) and to the non-lucrative renewal (Hoja 7). If you spent all five years in your country of nationality, one certificate is enough. If you moved country during that time, you need one from each.

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Apostille or consular legalization

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:

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Sworn translation

If the certificate is not in Spanish, you need one of two kinds of translation. The first is a sworn translation (traducción jurada) by a translator on the register of Spain’s Ministry of Foreign Affairs (MAEC). The second is a translation legalized at a Spanish consulate. The Consulate General in Moscow names both for the non-lucrative visa (consulate page). A translation certified only by a notary in the issuing country, with neither a sworn translator nor consular legalization, is not accepted.

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The correct order of steps

The order matters and cannot be reversed:

  1. Get the original certificate from the competent authority in the issuing country.
  2. Apostille (or legalize) that exact original, before translation.
  3. 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.

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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

  1. 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.

  2. Overlooking a country of prior residence. The applicant submits only the certificate from their country of nationality, although they also lived in another country during the last five years. The rules require a certificate from every country of residence in that period, or in the last two years for Law 14/2013 permits.

  3. 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.

  4. Translation with neither a sworn translator nor legalization. A translation certified only by a notary in another country is not accepted by Spanish authorities. A sworn translation from the MAEC register or a translation legalized at a Spanish consulate is.

  5. Confusing an apostille with legalization. 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 legalization) was never obtained.

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Author Aleksandr Nazarov

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): Spain and your countries of residence over the last two years (art. 62.3.c), plus your own declaration of no record for five years. For general-regime visas and permits: your countries of residence over the last five years (art. 38 RD 1155/2024).

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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 legalization instead, which takes longer and usually passes through several authorities.

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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.

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In what order should I do the apostille and the translation?

Strictly: get the original certificate first, then apostille (or legalize) 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.

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Do children need a criminal record certificate?

Not under 18. The certificate is filed by applicants who have reached criminal majority (mayor de edad penal, art. 38 RD 1155/2024, letter e). Under Spanish law that is 18, since those younger are not criminally liable under the Criminal Code (art. 19 Código Penal). Minor children included in an application do not file one.

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