Criminal Background Check for Spain Digital Nomad Visa in 2026
To obtain the Spain Digital Nomad Visa, one of the most important documents you must present is your criminal background check (also called a certificate of clean criminal record). This document verifies that you have no serious criminal convictions in the country or countries where you have recently lived.
This is our most up to date complete guide explaining what this document is, how to obtain it, legalise it, and what to do if your report isn’t perfectly clean.
Table of Contents
What Is a Criminal Background Check
A criminal background check (in Spanish, Certificado de Antecedentes Penales) is an official certificate issued by a government authority confirming whether or not an individual has any criminal convictions.
Spanish immigration authorities require this document from every country where you have lived for at least two years during the past five years – not just your current country of residence.
Who Must Provide It
You must provide a criminal background check if you are:
- The main visa applicant, or
- An adult family member (spouse or dependent over 18) applying for residence under your application.
Where to Obtain a Criminal Background Check
The certificate must be issued by the official authority of the country (or countries) where you have resided during the past five years.
Each country has its own designated issuing authority:
| Country | Issuing Authority | Typical Name of Certificate |
|---|---|---|
| United States | Federal Bureau of Investigation (FBI) | Identity History Summary Check |
| United Kingdom | ACRO Criminal Records Office | ACRO Police Certificate |
| Germany | Bundesamt für Justiz | Führungszeugnis |
| Malta | Ministry for Home Affairs and National Security | Police Conduct Certificate |
| Canada | Royal Canadian Mounted Police (RCMP) | Criminal Record Check |
| Australia | Australian Federal Police | National Police Check |
Before submitting the certificate to Spanish authorities, the certificate may need to be apostilled, legalised, and translated into Spanish.
Apostille or Legalisation Requirements
The Spanish government requires that foreign documents (including criminal background checks) are authenticated before they are accepted.
The method of authentication depends on where the certificate was issued.
A. Certificates Issued in Hague Apostille Convention Countries
If your country is a member of the Hague Apostille Convention, you must obtain an apostille from the designated national authority.
Read our apostille guide for more information.
Examples:
- United States: Apostille by the U.S. Department of State or relevant State Office.
- United Kingdom: Apostille by the Foreign, Commonwealth & Development Office (FCDO).
- Argentina, Japan, Australia: Apostille by their Ministries of Foreign Affairs.
Once apostilled, the document is ready for jurado translation into Spanish.
B. Certificates Issued in EU Member States
If the certificate is issued by an EU Member State, no apostille is required under Regulation (EU) 2016/1191.
This regulation removes legalisation and apostille requirements for many public documents exchanged between EU countries.
Examples:
- A German Führungszeugnis or Maltese Police Conduct Certificate can be presented in Spain without apostille.
- If not in Spanish, you must attach a multilingual EU form or provide a sworn translation.
C. Certificates from Non-Convention Countries
If the issuing country is not part of the Hague Apostille Convention, you must go through consular legalisation instead:
- Authenticate the document with the issuing country’s Ministry of Foreign Affairs.
- Legalise it at the Spanish Embassy or Consulate in that country.
- Translate it into Spanish by a sworn translator (traductor jurado).
Official reference:
| Issuing Country | Apostille Needed | Legalisation Needed | Sworn Translation to Spanish |
|---|---|---|---|
| Germany | No | No | Yes (unless multilingual) |
| Malta | No | No | Yes (unless multilingual) |
| United States | Yes | No | Yes |
| United Kingdom | Yes | No | Yes |
| Japan | Yes | No | Yes |
| Non-Hague countries | No | Yes | Yes |
Validity and Time Limits
The Spanish government considers criminal record certificates valid if issued no more than 6 months before application, however there are numerous cases where certificates older than four months are rejected and applicants must provide a new one.
Translation into Spanish
All foreign documents must be translated into Spanish by a sworn translator (traductor jurado) authorised by the Spanish Ministry of Foreign Affairs, unless they are issued as multilingual EU forms.l References
How to deal with Non-Clean Criminal Record When Applying for Digital Nomad Visa or Residency
What happens if your record shows an old or complex entry?
Many applicants panic when the FBI or national police report isn’t perfectly clean. The good news: Spain doesn’t automatically reject such cases. What matters is how you document the final legal outcome.
Here’s a professional, anonymised blog post suitable for Nomadoro.com, written in an informative, reassuring tone for readers applying for Spain’s Digital Nomad Visa or family residency when their background check isn’t spotless.
Step 1: Understand What Spain Actually Requires
Spanish immigration law (Ley 14/2013 and Ley 39/2015) asks for:
“Certificado de antecedentes penales… acompañado, en su caso, del documento que acredite la absolución o extinción de la responsabilidad penal.”
In other words:
If your criminal record shows any entry – arrest, charge, or case number – you must provide official proof of its resolution (dismissal, acquittal, expungement, or sealing).
Step 2: Identify the Real Problem in Your Record
An entry in your FBI or national certificate does not always mean conviction. Often, it simply shows that you were arrested or investigated.
In such cases, Spain’s immigration office (Unidad de Grandes Empresas y Colectivos Estratégicos – UGE/CE) wants to see the final judicial disposition:
- Was the case dismissed or not prosecuted?
- Was there an administrative discharge instead of a court-martial?
- Was the record sealed or expunged under local law?
This distinction is crucial. A sealed or dismissed record means no conviction, which Spain accepts
Step 3: Get the Definitive Judicial Proof
For U.S. applicants, the acceptable documents typically include:
- Court Certificate of Disposition or Final Judgment confirming the case was dismissed or not filed.
- District Attorney’s letter stating that charges were not pursued.
- Court Order to Seal Records, which under state law formally erases the case.
- If the record was military, a service record extract or discharge document showing administrative resolution.
Once you obtain the document, it must be:
- Apostilled by the Secretary of State of the issuing jurisdiction.
- Translated into Spanish by a sworn translator (traductor jurado) authorized by Spain’s Ministry of Foreign Affairs.
Step 4: Know When Sealing Is the Final Proof
In the U.S., when a court issues an Order to Seal Records (for example, under Nevada Revised Statutes §179.245), that order becomes the only valid legal proof that the case has been closed and erased.
No District Attorney, police department, or city clerk can issue new certified statements once the case is sealed.
If your record is sealed, your certified, apostilled court order is the definitive proof of legal absolution.
Spain recognizes it as equivalent to a certificate of no conviction.
Step 5: Submit a Short Legal Explanation in Spanish
Attach a one-paragraph note (or ask your translator to include it) explaining that:
Under the applicable law, all proceedings have been legally annulled and no additional certified records can be issued. The sealed court order is therefore the only official and verifiable proof of criminal record clearance.
This shows the Spanish officer you understand the law and have submitted the correct legal evidence.
Step 6: Timing Matters
Neither Ley 14/2013 (Digital Nomad / Entrepreneurs Law) nor Ley 39/2015 sets a specific expiry period for foreign civil documents (marriage, birth, criminal record).
They simply require documents to be:
“Vigentes y actualizados al momento de la presentación”
(valid and up to date at the moment of submission)
So – no fixed number of months in law, however while 6 months is the practical upper limit, some officers may ask for 3 months to ensure “currency.”
If your certificate is over 6 months old, they almost always demand a new one.
| Office | Typical acceptance window | Notes |
|---|---|---|
| UGE-CE (Madrid) | Up to 6 months | Generally accept certificates up to 6 months old if there’s no change in status. |
| Consulates abroad (for initial DNV visa) | Usually 3 months | Stricter, especially for criminal record certificates. |
| Extranjería offices (for renewals or family residence) | 3–6 months depending on region | They may request a “fresher” document if nearing expiry or if the process drags on. |
Professional apostille couriers in the U.S. can often process these within 24–48 hours and send them by FedEx or DHL to Spain.
Even if your apostilled documents are still en route, you can submit:
- Proof of request or courier tracking, and
- A note in Spanish stating that the originals are being apostilled and will follow shortly.
This prevents your application from being considered “withdrawn.”
Key Takeaway
- Every applicant must submit a criminal background check from all countries of residence during the past five years.
- The certificate must be apostilled or legalised depending on the issuing country.
- EU-issued certificates (e.g. from Germany or Malta) do not require an apostille.
- All documents that are officially not in Spanish must be translated into Spanish by a sworn translator.