Criminal record certificate with apostille and sworn translation for immigration

One of the documents that blocks the most files is the criminal record certificate. In almost every immigration route (arraigo, residence, reunification or nationality) you have to prove that you have no criminal record in your country of origin and in those where you have resided over the last five years. And it is not enough to present the paper as is: for the Spanish Administration to accept it, that criminal record certificate needs to be legalised by apostille (or diplomatic legalisation) and accompanied by a sworn translation into Spanish. In this guide we explain, step by step, how to get the document ready and avoid a request for correction or a refusal.

Why criminal record certificates are required in immigration

The Immigration Regulation (RD 1155/2024, in force since 20 May 2025) requires, as a general condition for most residence authorisations, that the person has "no criminal record" in Spain and in the countries where they have resided during the previous five years. It is a requirement that appears in routes such as arraigo social (social roots-based residence), non-lucrative residence, reunification and also, with its own nuances, nationality by residence.

The certificate must be recent: as a practical rule, the Administration usually accepts certificates issued within the three months before filing the application. If the country of origin sets a different validity period, the shorter one prevails. That is why it is best to request it when the rest of your documents are almost ready.

Criminal record, apostille and sworn translation: the three steps

Preparing the document properly means chaining three actions in the correct order. Skipping one, or doing them in the wrong order, is the most common reason for having your file returned.

1. Obtain the certificate in your country of origin

Request the certificate from the competent authority in your country (Ministry of Justice, Police or an equivalent registry). It must be an official and complete certificate, not a simple online look-up without a recognised signature. If you are no longer in your country, many States allow you to request it through their consulate in Spain or through a representative with a notarial power of attorney.

2. Legalise or apostille the document

Here there are two paths depending on the country that issues the certificate:

• The Hague Apostille: if your country has signed the 1961 Hague Convention, the apostille is enough, a single stamp placed by the authorities of the country of origin and which Spain recognises without further formalities.
• Diplomatic legalisation: if your country is not part of the Hague Convention, the document must go through chain legalisation, which usually ends with the stamp of the Spanish Consulate in that country and, in some cases, the Ministry of Foreign Affairs.

Important: the apostille always goes on the original document issued by your country, not on the translation. First you apostille, then you translate.

3. Sworn translation into Spanish

Once apostilled or legalised, if the certificate is in another language you need a sworn translation carried out by a sworn translator-interpreter appointed by Spain's Ministry of Foreign Affairs, European Union and Cooperation. The sworn translation must also include the text of the apostille or the legalisation formalities, not just the body of the certificate. Only then does the document have full validity before the immigration office.

Common mistakes that lead to requests for correction

• Presenting the certificate without an apostille or without legalisation, trusting that "it is already in Spanish".
• Apostilling the document after translating it, so that the translation does not include the stamp.
• Using a non-sworn translation (from a regular agency or done by a relative).
• Providing an expired certificate because it was requested too far in advance.
• Forgetting the criminal records from other countries where you resided in the last five years.

If you receive a request for correction for any of these reasons, first review how to book an immigration prior appointment in order to resubmit the documents within the deadline.

Frequently asked questions

Do I need an apostille and sworn translation for every procedure?

For almost all of them. Any route that requires proving the absence of a criminal record abroad requires the certificate from the country of origin duly apostilled or legalised and with a sworn translation if it is not in Spanish. Criminal record certificates issued in Spain by the Ministry of Justice need neither apostille nor translation.

How long is the criminal record certificate valid?

As a practical rule, it is accepted within the three months following its issue. If the country of origin sets a shorter validity, that shorter period applies. It is best to request it when the rest of the file is already prepared.

Is the original or the sworn translation apostilled?

The original document issued by the foreign authority is apostilled. The correct order is: first obtain the certificate, then apostille or legalise it and, finally, have it sworn-translated including the text of the apostille.

Is a translation done by a regular agency valid?

No. The Administration only accepts a sworn translation signed and stamped by a sworn translator-interpreter authorised by Spain's Ministry of Foreign Affairs. A simple translation, even if correct, will be rejected.

Important notice

This guide is purely for general guidance and does not replace individual legal advice. The specific requirements, deadlines and forms of legalisation may vary depending on your country of origin, your personal situation and the immigration route you apply for, and the Administration may request additional documents. Before filing your case, check the requirements at the competent immigration office or consult an immigration professional.