Criminal records: how they affect employment, public examinations and immigration

A criminal conviction does not end when you leave prison or pay the fine. A criminal record can continue to cast its shadow for years: when looking for work, sitting competitive public examinations, applying for residence or processing nationality. Its consequences are not uniform: they depend on the type of offence, the penalty, the sector and the specific procedure.

In private employment, the law does not generally establish that having a record prevents one from working. An employer may only require the criminal record certificate when the law expressly permits it or when there is a direct and proportionate relationship between the nature of the offence and the duties of the post: a security company may have justification; a clothing shop, in principle, does not. Requesting the certificate without that proportionality and using it to discriminate may infringe the candidate’s right to privacy.

The area in which a record has the most absolute consequences in private employment is that of jobs involving regular contact with minors. Organic Law 1/1996, amended in 2015, requires a negative certificate from the Central Register of Sex Offenders for those activities. Anyone with entries in that register may not work or volunteer with minors, regardless of whether their general record has been cancelled.

In the public sector, there is no universal prohibition: the restrictions depend on the corps and on each call for applications. Calls for the Security Forces and Corps usually require not having been convicted of intentional offences, and case law has debated whether already cancelled convictions may be taken into account. For the general corps of the Administration the requirement is less systematic, so it is advisable to read each call carefully. In addition, convictions for offences against the Administration usually carry disqualification from public employment or office, with direct effects on one’s situation in the public service.

A record also affects the obtaining or retention of professional licences and permits: firearms licences, private security authorisation, professional transport licences or the authorisations for certain positions. In these cases, cancellation of the record usually resolves the problem.

The field of immigration is one of the most sensitive. The Immigration Act provides that having been convicted of intentional offences may be grounds for refusal or non-renewal of a residence authorisation; for renewal, the record certificate from the Spanish Register and from the country of origin is required. Long-term residence requires the absence of a record during the last five years. The application for Spanish nationality requires good civic conduct, and the existence of convictions may lead to refusal, although the Administration assesses the seriousness of the offence, the time elapsed and subsequent conduct. And conviction for certain offences may entail expulsion from the national territory.

To minimise the impact of a record it is advisable to verify exactly what appears in the Register by requesting the certificate, calculate when cancellation may be requested and prepare the documentation in advance, and consult a lawyer about the specific consequences in each particular case.