In Spain, criminal records are protected by privacy laws. They are not publicly available, and they are not routinely shared with employers, neighbours, or members of the public.

Information from the Central Criminal Records Register may be shared only where Spanish law permits. This can include:

• The individual concerned, who can request their own criminal record certificate.
• Spanish courts and prosecutors, when needed for criminal proceedings.
• Law enforcement authorities, where authorized by law for criminal investigations or judicial purposes.
• Immigration authorities, when assessing certain residence, visa, nationality, or other immigration matters where criminal record checks are legally required.
• Certain public authorities, but only where legislation specifically authorizes access for a defined purpose.
• Foreign authorities, in some circumstances, through international legal cooperation, treaties, or information-sharing mechanisms. For example, another country may request criminal record information as part of a visa application, criminal investigation, or judicial cooperation, if there is a legal basis for doing so.

Within the European Union, criminal record information can also be exchanged between Member States through systems established for judicial cooperation, such as the European Criminal Records Information System (ECRIS). ECRIS allows national authorities to exchange criminal record information for lawful purposes, such as criminal proceedings or other uses permitted under EU and national law. It is not a public database.

Who cannot normally access it?

Without a legal basis, the following generally cannot obtain someone’s Spanish criminal record:

• A new romantic partner.
• Neighbours or members of the public.
• Journalists.
• Private investigators acting without lawful authority.
• Most employers (unless a criminal record certificate is required by law for a particular job, such as certain roles involving children or vulnerable people).

If someone is applying for a visa or residence permit in another country, they may be required to provide a criminal record certificate themselves, and the immigration authority of that country may verify or rely on that information according to its own laws and any applicable international agreements.