Quick answer. A conviction in Spain is entered in the Central Register of Convicted Persons and is cancelled, once the sentence has been served, after periods of six months to ten years depending on the penalty (Article 136 of the Criminal Code). For British nationals resident in Spain before 2021 and protected by the Withdrawal Agreement, conduct before 1 January 2021 is assessed under EU free movement standards, while later conduct is assessed under Spanish immigration law. Prison sentences of more than one year imposed on foreign nationals may be replaced by expulsion under Article 89, subject to specific limits.
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The Spanish criminal record and its cancellation
Under Article 136 of the Criminal Code, criminal records are cancelled after the following periods without committing a new offence, counted from the date the sentence was served or otherwise extinguished: six months for minor penalties; two years for penalties of less than twelve months and for offences committed by negligence; three years for the remaining less serious penalties of less than three years; five years for the remaining less serious penalties of three years or more; and ten years for serious penalties. Cancellation can be carried out ex officio or on request.
British nationals protected by the Withdrawal Agreement
British nationals who were resident in Spain before the end of the transition period, and their family members, keep their residence rights under the Withdrawal Agreement and hold a TIE card stating it. For conduct before 1 January 2021, restrictions of residence are governed by the standards of European Union law, which require a genuine, present and sufficiently serious threat and do not allow measures based solely on the existence of a conviction. For conduct after that date, Spanish immigration law applies.
British nationals under the general immigration regime
British nationals who moved to Spain after 2020 are subject to the general immigration regime for third-country nationals. Under that regime, criminal records are taken into account in residence procedures, including renewals, so a conviction, even with a suspended sentence, can have consequences beyond the criminal case. Cancelled records and pardons are assessed differently, which makes the timing of cancellation relevant.
Expulsion instead of imprisonment
Article 89 of the Criminal Code allows a prison sentence of more than one year imposed on a foreign national to be replaced, in whole or in part, by expulsion from Spain, with a ban on returning. The provision contains specific limits for citizens of the European Union and for long-term residents, and the court must assess the personal and family circumstances and the proportionality of the measure.
Defence strategy with residence in mind
When a foreign resident is prosecuted, the immigration consequences must be considered from the outset: the classification of the offence, the length of the sentence requested, the possibility of suspension under Article 80, the payment of compensation, which can mitigate the sentence, and the terms of any agreed sentence. A guilty plea that seems advantageous in criminal terms may be harmful for residence.
Frequently asked questions
When is a Spanish criminal record cancelled?
After the periods of Article 136 of the Criminal Code, from six months to ten years depending on the penalty, counted from the date the sentence was served, provided no new offence was committed in the meantime.
Can I lose my residence because of a conviction?
It depends on your status and the seriousness of the conduct. For Withdrawal Agreement beneficiaries, conduct before 2021 follows EU standards; later conduct, and that of British nationals under the general regime, is assessed under Spanish immigration law.
Can a prison sentence be replaced by expulsion?
Yes. Article 89 of the Criminal Code allows prison sentences of more than one year imposed on foreign nationals to be replaced by expulsion, with specific limits for EU citizens and long-term residents.
Does a suspended sentence leave a criminal record?
Yes. Suspension avoids imprisonment, but the conviction is entered in the register until it is cancelled.
Related guides
- Criminal record certificate and expungement in Spain
- Suspension of sentence in Spain
- Plea agreements (conformidad) in Spain
- Family member residence permit in Spain
- English-speaking criminal lawyer in Alicante
Do you need a criminal defence lawyer on the Costa Blanca now? Société Juridique assists detained persons and victims 24 hours a day, in English, from its offices in Alicante, El Campello and Madrid.
This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
