How a criminal record or police contact affects your residence

Key rules

• Criminal records: Records in Spain or abroad can block residence if the offence is also a crime in Spanish law.
• Cancelled records: A cancelled record should not be held against you.
• Police contact: An arrest or identification without a conviction does not by itself justify refusal.
• Open cases: Pending criminal proceedings can lead to a delayed decision or, in some cases, expulsion.
• EU family: EU citizens and their family members are protected unless they pose a real, present and serious threat.

The short answer

A criminal record can block or end your residence, but not every record does. What counts is the type of offence, where it happened, whether it is still on record, and whether you are seen as a real danger. Simple police contact, with no conviction, does not by itself justify a refusal.

What can block your residence

Your application can be refused if:

• You have a criminal record in Spain, or in any country where you lived before, for an offence that is also a crime under Spanish law.
• You are considered a threat to public order, security or health.
• You have an entry ban or an earlier expulsion order.

The same grounds can lead to your residence being withdrawn or not renewed. How strictly they apply depends on the type of residence you hold, so the exact thresholds vary.

What can lead to expulsion

Expulsion applies if you commit a serious or very serious infraction of the immigration rules. It can also follow a conviction in Spain for an intentional offence punishable by more than one year in prison. Conditions apply in each case, so a conviction does not automatically mean expulsion.

Long-term residents have stronger protection. To act against them, the authorities must show a real, present and serious threat.

Records that no longer count

A cancelled record (cancelación de antecedentes penales) is no longer treated as a record. The authorities should not rely on it. If one is mentioned in your file, point out that it was cancelled and ask for proof of the cancellation if you need it.

Police contact without a conviction

An arrest or a police identification, with no conviction, does not by itself justify a refusal. Decisions must rest on proof and be proportionate.

Open criminal proceedings are different. Expulsion is possible in some cases while a case is pending. The authorities may weigh the case or suspend their decision until it ends. If you have a case open, get advice from a lawyer before you apply or renew.

If you are an EU citizen or their family member

Separate, more protective rules apply to EU citizens and their family members. Action against them needs a real, present and serious threat. The questions below cover this.

What to do

• Gather court papers and proof of any cancelled record before you apply.
• Tell a lawyer about any foreign record or open case early.
• Outcomes depend on the office and the specific case, so ask the immigration office handling your file what it needs.

Frequently asked questions

Does a cancelled criminal record still count against my residence?

No, a cancelled criminal record is no longer treated as a record, and the authorities should not rely on it. Cancellation means the record is formally wiped after the required time. If an office still raises it, ask for the decision in writing and point out that the record was cancelled.

Can an arrest or police identification without a conviction get my residence refused?

No, an arrest or an identification without a conviction does not by itself justify a refusal. Decisions must rest on proof and be proportionate. Open criminal proceedings are different, because the authorities may weigh them or pause the decision.

Are family members of EU citizens treated differently if they have a record?

Yes, family members of EU citizens and long-term residents get stronger protection, because the authorities must show a real, present and serious threat. A past offence alone is not enough for them. Other non-EU nationals can be refused for foreign or Spanish records of offences that are also crimes in Spain.