How criminal records are shared between European Union countries

Automatic summary, not yet reviewed

1. The law regulates the exchange of criminal record information between the Central Criminal Records Registry (Registro Central de PenadosRegistro Central de Penados Office of the Ministry of Justice where criminal convictions of individuals in Spain are recorded.) and the registries of the other EU member states, and how convictions handed down in other EU countries are taken into account in criminal proceedings in Spain.
2. In Spain, the authority in charge of sending and receiving this information is the Central Criminal Records Registry, and the exchange is done electronically; if that is not possible, a written form is used.
3. The Central Criminal Records Registry will record final convictions that other member states report about Spanish nationals, and will also inform those states of convictions handed down in Spain against their nationals, including any changes or cancellations.
4. Notifications of convictions must be sent within two months at the latest, and replies to queries from other states within ten business days (or twenty if requested by an individual through their state).
5. Final convictions handed down in other member states have the same legal effects as if they had been handed down in Spain, provided the acts were punishable under Spanish law and sufficient information is available. There are situations where they are not taken into account, such as reviewing earlier convictions issued in Spain.
6. The law does not apply to convictions handed down by courts of other member states before August 15, 2010.

Who it affects

• Judges and prosecutors: They must take into account prior convictions from other member states and can request those records on their own initiative.
• People convicted in another EU country: Their conviction can have effects in a later criminal proceeding in Spain.
• People requesting a criminal record certificate: They must state whether they hold or have held the nationality of, or resided in, another member state.
• The Central Criminal Records Registry (Registro Central de Penados): It is the central authority that receives, sends and manages criminal record information.

Words worth knowing

Registro Central de Penados

Office of the Ministry of Justice where criminal convictions of individuals in Spain are recorded.

Antecedentes penales

Official record of the convictions a person has received for crimes.

Sentencia firme

A conviction that can no longer be appealed or modified through ordinary channels.

ECRIS

Electronic system connecting the criminal record registries of European Union countries.

Ley orgánica

A Spanish law that requires a special majority in Congress and is reserved for important matters, such as criminal law.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries