Criminal Record Checks

Who is required to have a criminal background check in Spain?

Anyone working with children and young people in Spain is required to have a certificate from the Spanish authorities which states that they have never been convicted of a sex-related crime (with adults or children). Foreign nationals, inlcuding EU nationals, are also required to have a similar certificate from their country of origin.

Certificates Issued by the Spanish Authorities – FAQ

There are three ways to apply for a Spanish certificate: in person, online or by post.

If you wish to apply for the Certificate issued by the Spanish Authorities in person, you’ll need to take all the relevant paperwork to the nearest Ministry of Justice Citizens Advice Bureau (Oficina de Atención al Ciudadano de la Gerencia Territorial del Ministerio de Justicia), a full list of which can be found here.

An application form completed by the applicant or his/her representative. Download the application form here.

A form completed by the applicant’s/applicants’ representative if a representative is going to make the application. This form can be downloaded here.

An authorisation form completed by the applicant if his/her application is being handled by a representaive. This form can be downloaded here.

Photocopy of the applicant’s DNI (national identity card for Spanish nationals) or NIE (identity number for foreign nationals living in Spain) and photocopy of his/her passport (in the case of foreign nationals), both stamped and certified as authentic copies (compulsada in Spanish) at the nearest central government office (subdelegación del gobierno in Spanish) or Town Hall (ayuntamiento in Spanish).

Applicants’ details in an Excel document (copied on a CD or pendrive) in the case of multiple applications being made by a third party. The Excel document can  be downloaded here.

You will need to visit your nearest Ministry of Justice Citizens Advice Bureau (Oficina de Atención al Ciudadano de la Gerencia Territorial del Ministerio de Justicia). Once your application has been dealt with, the certificate(s) will be sent to you/yuir representative by e-mail.

There is no cost for the Spanish certificate.

Full details (in Spanish) can be found on the Spanish Ministry of Justice website.

There are two ways to apply online for the certificates issued by the Spanish Authorities (with or withoiut digital signature). Click here and follow the instructions.

Useful Links:

Application form for Spanish certificate


Form to be completed by you authorising a representative to make an application on your behalf (if a representative is going to act on your behalf)


Form to be completed by applicant’s representative (if a representative is going to make the application on your behalf)


Addresses of Ministry of Justice Citizens Advice Bureaus (where you can apply for Spanish certificates in person)


Document for details of multiple applications (for multiple applications being made by a third party)


Online applications for Spanish certificate


Spanish Ministry of Justice website


Certificates Issued by Authorities in the United Kingdom – FAQ

The British authorities issue several certificates related to work with children and young people but many of these certificates (CRB check, DBS etc.) are only for people working with children and young people in the UK. The certificate for British citizens (or any individual who has lived in the UK), who work or plan to work with children and young people in Spain is the ICPC (The International Child Protection Certificate) issued by ACRO (the Criminal Records Office).

It is employees’/future employees’ responsability to apply to ACRO for International Child Protection Certificate and provide it to their employers/prospective employers.

Employers CAN’T apply for an ICPC on behalf of an employee/future employee.

Employees need a letter on headed paper from their current employers indicating that their post involves working with children and young people and that Spanish child protection legislation requires that UK citizens employed in such posts have an ICPC. Similarly, prospective employees need a a letter on headed paper from their future employers indicating that they have been offered a post which involves working with children and young people and that Spanish child protection legislation equires that UK citizens employed in such posts have an ICPC.

An ICPC certificate costs £60  including 1st class Royal Mail delivery or standard airmail for international post (June 2016).

The employee/future employee pays for the ICPC certificate.

ACRO (Criminal Records Office) is the organisation which issues ICPC certificates

ACRO issues ICPC certificates to the employees/future employees who apply for them . The certificates have the name of the employer/prospective employer on them (i.e. the certificates are not transferable).

By post (you can download the application form here) or online (click here).

 

It normally takes 10 working days (not including dates of receipt or dispatch, or time taken with postal services).

Certificates Issued by the Authorities in the Repuiblic of Ireland – FAQ

The Irish authorities only have one document for people who work with children and young people (called Garda Vetting) and only people working for companies with an address in the Irish Republic and registered with An Grada Siochana as Relevant Organisations can apply for this. As companies in Spain can’t register with An Garda Siochana as Relevant Organisations, employees/potential employees of companies in Spain can’t apply for Garda Vetting. The authorities in Ireland advise that the only procedure which Irish nationals working with children and young people in Spain can apply for is a Data Protection Access Request and that they give the results of such requests to their employesr/potential employers. Even though it states quite clearly on the application form that this document should not be construed as clearance by the Irish authorities), the Irish authorities can’t provide an International Child Protection Certificate.

It is employees’/future employees’ responsability to submit a Data Protection Access Request.

Employers CAN’T submit a Data Protection Access Request on behalf of an employee/future employee.

An administration fee of €6.35 applies. PaymeNt must be in euros and can be by personal cheque, bank draft, postal order, Eurogiro or International Euro Cheque (not drawn on Belgian bank). Payment can’t be in cash, nor are the Irish authorities able to accept payment electronically. Make payments out to “The Accountant, Department of Justice, Thurles”.

The employee/future employee pays for the Data Protection Access Request.

An Garda Siochana (the Irish police) is the organisation which issues the results of a a Data Protection Access Request.

An Garda Siochana issues the results of Data Protection Access Requests to the employees/future employees who apply for them but NOT to employers/prospective employers.

An employee/prospective employee can submit a Data Protection Access Request by post. Send a completed Form DP F20 (download here). The form you send must be the original as photocopies or scans are not accepted. Write “Criminal Record Check”  where it says “Please Specify Area” on the form. You will also need to enclose a photocopy of your passport, birth certificate or driving licence, as well as payment.

Send your application to the following address:

Data Protection Processing Unit

Garda Criminal Records Office

Racecourse Road

Thurles

Co. Tipperary

IRLANDA

It normally takes approximately 5 weeks.