When there is a clear legal basis for requesting a criminal record certificate, it is important that both the candidate and the HR department understand the correct procedure: who requests it, where, how much it costs and how long it takes.
Only the candidate can request it
The first point, and the one that causes the most confusion, is that the employer does not have direct access to the Central Register of Convicted Persons. The certificate must always be requested by the candidate, who then voluntarily decides whether to provide it to the company.
Step by step: online application
Access the electronic portal of the Ministry of Justice (sede.mjusticia.gob.es).
Identify yourself using Cl@ve or a digital certificate.
Complete the application and pay the applicable fee (Form 790), a nominal amount of around EUR 3–4 depending on the fee in force at the time of application.
Download the certificate, which is available almost immediately in digital format when there are no records requiring verification.
In-person application
It can also be processed in person at the territorial offices of the Ministry of Justice. In this case, delivery of the paper certificate may take between 1 and 2 business days, depending on the office’s workload.
Candidates who have lived outside Spain
If the candidate has resided in another European Union country in recent years, the application itself automatically triggers a query through ECRIS (European Criminal Records Information System), which can extend the issuance time to up to 30 days. For candidates with a history in countries outside the EU, the candidate must request the certificate directly from the authorities of that country, usually with an apostille or consular legalisation for it to be valid in Spain.
Practical advice for HR
Build the issuance time into the recruitment process, especially for candidates with an international background: requesting the certificate at the final offer stage rather than at the beginning of the process prevents a timeline of up to 30 days from blocking onboarding.
See also: the pillar page [Human Risk and Background Checks in Spain: The 2026 Reference Guide], [Criminal Record Certificates in Spain: What an Employer May (and May Not) Require] and [How Long Does a Background Check Take in Spain? Domestic and International Timelines].
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