mjusticia.gob.es Criminal Record Certificate Spain : Ministry of Justice

Organization : Spanish Ministry of Justice
Type of Facility : Criminal Record Certificate
Country: Spain

Website : https://www.lamoncloa.gob.es/lang/en/Paginas/index.aspx

What is Criminal Record Certificate?

This is a certificate that certifies the absence or existence of a criminal record. The information in this section only applies if you are going to make your application in person or by post. If you have a user’s electronic certificate you can choose to process your application electronically, for which you will need to go to the Electronic headquarters of the Ministry of Justice

Related / Similar Facility : Trade Marks Search Spain

How To Apply For Criminal Record Certificate?

1. Application:
This must be done using Model 790, which can be downloaded from this page or is available, free-of-charge, at the following places:
1.The Regional Offices of the Ministry of Justice.
2.Civil Registers throughout Spain.
3.In Madrid, in the Central Office of Citizen Services.

2. Providing Proof Of Identity Of The Person Making The Application:
Original and current DNI, residency card, passport, driver’s licence or EU identity document or equivalent of the person applying for the certificate. The document presented must provide unequivocal proof of the applicant’s identity.

3. 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 photocopy officially certified or verified as a true copy of the document that provides proof of representation by any means deemed valid under the law that provides a reliable record of same (public document authorised by a notary, private document with signatures authorised by a notary or private document, granted when the interested party appears in person before a public employee who will record this incident using a legal measure).

WHEN APPLYING FOR A CERTIFICATE FOR A CORPORATE ENTITY OR ORGANISATION WITH NO LEGAL STATUS, power of attorney must be accredited in an original or certified copy of a public notarised document to this effect.

4. Payment Of The Fee:
Proof of payment of the fee, which may be accredited in any of the following ways:
Payment via electronic banking
If you have an account open and a digital signature allowing you to use the services provided by any of the financial entities collaborating with the Tax Agency, you can make the payment through their online banking services.

To do so, first download Form 790 from this website and fill in your Número de Justificante (Receipt Number) in the “Tasas Administrativas 790” field of your online banking system. If there is an option called “Código 006 Tasas Administrativas Ministerio de Justicia”, fill it in there as well.

To have the certificate issued you must submit a Comprobante de Pago (proof of payment ) along with the sheet from Form 790 called “Ejemplar para la Administración” (Administration’s Copy) to the Tax Office at the window, or else send them by post. To be valid, your Comprobante de Pago (proof of payment) must include the Número de Referencia Completo (full reference number or ‘NRC’) provided to you by the online banking system.

Other means of payment:
In Spain:
You may fill in Form 790 and bring it to a financial entity collaborating with the Tax Agency (nearly all of them do) to make payment. Payment will be accredited through machine validation or an authorised signature from the financial entity on the sheet from Form 790 called “Ejemplar para la Administración” (Administration’s Copy), which will have to be submitted at the Tax Office window or sent by post for the certificate to be issued.

From abroad:
You may sign Form 790 and bring it to the local branch of a Spanish financial entity collaborating with the Tax Office and present in the country where the application for the certificate is being filed. Payment will be accredited through machine validation or an authorised signature from the financial entity on the sheet from Form 790 called “Ejemplar para la Administración” (Administration’s Copy), which will have to be forwarded.

** You may also pay the fee via bank transfer, so long as the transfer is being sent from accounts open in banks located outside of Spanish territory. To send the transfer, use the IBAN or International Code for the Ministry of Justice’s restricted deposit account, the details of which are provided below. Send the original copy of the proof of payment along with the sheet from Form 790 called “Ejemplar para la Administración”.
** BANK: BBVA
** ACCOUNT HOLDER: Ministerio de Justicia – Cuenta Restringida Recaudación Tasas Extranjero (Ministry of Justice – Blocked Account for the Collection of Fees from Abroad)
** TAX IDENTIFICATION NUMBER OF THE ACCOUNT HOLDER: S-2813610-I
** IBAN or International Bank Account number: IBAN ES62 0182 2370 4202 0800 0060
** BBVA Bank Identification Code (BIC): BBVAESMMXXX

Fee Price: 3,70 €

Important:
Special care should be taken that the correct amount of the fee is paid, as the financial entity is not able to refund mistaken amounts paid; requests for reimbursement will require that the interested party initiates a procedure for the refund of undue payment.

Who Can Apply For Criminal Record Certificate?

Any individual of legal age, as well as incorporated entities by means of their representatives.

With regard to citizens from the European Union that are not of Spanish nationality, the Central Registry of Convicted Persons shall request a statement of their criminal record and information about said crimes from the central authority of the State of the nationality of the person who makes the request, or the central authorities, in the event that the person has more than one nationality, for the purposes of including it in the certificate that they are issued.

In this case, the processing (response time, type of response, contents of the certificate, etc.) of the corresponding certificate will depend on the regulations and procedures of the country in question.

Further information:
Important:
The Criminal Record Certificate Must Be Legalised If It Is To Have Validity Outside Of Spain. Do Not Forget To Mention This Fact When Making An Application Wherever Certificates Are Issued. (Universal Legalisation Or The Hague Apostille)

Circumstances under which it is issued:
A – When requested by the interested party either directly or through a representative.
B – When requested through a competent body, as part of processing a procedure in which it is legally required. In these cases the certificate is sent directly to the body.

With a view to simplifying administrative processes, the Ministry of Justice has signed agreements to directly issue criminal record certificates to the competent body in the procedures described below of the following Ministries:

Ministry of the Interior, in the area of the Guardia Civil:
** Cancellation of criminal records.
** Cancellation of unfavourable notes for personnel in the Civil Guard Corps.
** Firearms and explosives permits
** Selection procedures for entry in the different Levels of the Corps
** Private Rural Guards.
** Protection and Security services.

Ministries of the Interior, Labour and Immigration and the Presidency:
** Residence permits (granting and renewal) and non-nationals working in Spain.

Ministry of Defence:
** For the selection of officers, non-commissioned officers, soldiers and sailors.
** For the cancellation of unfavourable notes in military records.
** For the selection of volunteer reservists.
** For granting military recognition.

Ministry of the Interior, in the area of policing:
** For the Protection and Security Service (security guards, heads of security, bodyguards, private detectives).
** For police rank selection.
** For the cancellation of police/criminal records.
** For the cancellation of unfavourable notes.

The criminal record certificate is also issued directly to the competent body in the selection procedures for Justice Administration personnel.

For legal procedures related to incapacity, guardianship and tutorship, the certificate is issued directly to the Courts hearing the case.

Note:
If a certificate does not have to be issued and the interested parties only wish to obtain information on the data concerning them contained in the Central Criminal Records Registry, they are entitled to request access to this data free of charge by providing proof of their identity.