2026 Regularization and criminal records — What happens if you have a history

Many people don't apply for regularization out of fear. They have something in their past and assume the answer will be no. That fear, in many cases, makes them miss a real opportunity. Here you'll understand exactly what situation you're in.

First things first: not all criminal records block your application

There are 3 different situations and each one has a different answer. Reading this carefully could completely change your decision about whether or not to apply.

Situation 1 — Criminal records in Spain that have already been cleared

YOU CAN apply. If you served your sentence, the legally required waiting period has passed, and your records have been cleared from the Central Register of Convicted Persons, they don't exist under the law. You don't have to declare them or explain them.

The system checks your situation at the time of the application. If the register comes up clean, your file moves forward without any problem.

Situation 2 — Records in your home country, clearable in Spain

YOU CAN apply, but you need a prior step. You have to request that those records be cleared through the relevant Spanish authorities before submitting your file.

Spain applies its own criteria for clearing records even if the offense occurred abroad. If under Spanish law those records should already be cleared due to the time that has passed, you can start that process and then apply for regularization.

Situation 3 — Active conviction in any country

You cannot apply. If you have an active conviction, are serving a sentence, or have uncleared records that don't meet Spanish legal requirements, your application will be denied. In this case, the best thing to do is wait, get advice from a professional, and not risk a rejection that could complicate future proceedings.

What criminal record certificates they'll ask you for

Regularization doesn't only look at your history in Spain. The process requires 3 types of certificates:

1. Criminal record certificate from Spain. You request it from the Ministry of Justice, either in person or online. It's the easiest one to get.

2. Certificate from your home country. You have to request it from the authorities in your country, usually through the consulate or directly if the country allows it online.

3. Certificates from countries where you've lived in the last 5 years. If during that period you lived in another country other than your home country and other than Spain, you also need a certificate from that country.

The situation by country — What nobody tells you

Not all certificates work the same way. There are countries where the process is quick and others where it can become a real problem. Here are the most common ones:

Cuba

Getting a criminal record certificate from Cuba is difficult. The channels are limited and the timelines are unpredictable. However, the one-month rule applies exactly here: if that time passes and you don't have it, you can submit your regularization application without it, documenting that you requested it and didn't receive it.

Keep any proof that you started the process: emails, receipts, any communication. That documentation is your backup.

Venezuela

Venezuelan consulates are overwhelmed. Appointments take weeks and sometimes months. Request it now, don't wait. If you request the certificate as soon as possible, you increase the chances of having it on time. If it doesn't arrive within the deadline, the same rule applies: document that you requested it.

Don't wait until you're close to the deadline to start this process. It's the mistake that delays files the most.

Colombia

Colombia is one of the simplest. The criminal record certificate can be requested online through the Colombian National Police. The process is quick and the document arrives in digital format. If you're Colombian, this step shouldn't be an obstacle.

The cost and the deadline — The two pieces of information you can't forget

The official fee for regularization is €38.28. This amount is paid when you submit your application. It's non-negotiable and there are no general exemptions, so have it ready.

The deadline to apply closes on June 30, 2026. There are no confirmed extensions. If you reach that date without having submitted your file, you lose this opportunity.

How to check if your records in Spain have been cleared

You can request it yourself. Ask for a criminal record certificate from the Ministry of Justice. If the certificate comes back blank or with no active entries, your records have been cleared and you can move forward.

If an entry appears and you're not sure whether it can be cleared, that's the time to consult with a professional. Don't try to interpret the document on your own if you're not sure what it means.

Quick summary of the 3 situations

1. Records cleared in Spain → YOU CAN apply.
2. Records from home country that can be cleared → YOU CAN, request the clearing in Spain first.
3. Active conviction → You cannot apply right now.

Situations 1 and 2 are more common than they seem. Don't assume you're in situation 3 without having checked.

Your next step

This week, do two specific things. First: request your criminal record certificate in Spain from the Ministry of Justice, either in person or online, and check whether there are any active entries. Second: start your request today for the certificate from your home country through the consulate or online if your country allows it.

Don't wait until you have all your documents together before you start requesting them. Time is running out and certificates from other countries can take weeks. If you have doubts about what your Spanish certificate says or whether your situation can be cleared, consult with a professional before deciding not to apply.

The deadline is June 30, 2026. There's still time, but that time is running out.