Question
I have a criminal record because six years ago I was charged with child endangerment for leaving my infant in the car while I picked up medicine from the pharmacy. It was a quick in-and-out situation, but I learned the hard way how incredibly dangerous and careless that was. The felony charge was a wake-up call, and since then, I’ve become a wiser mother to my four amazing children. Now, I’m looking to move to Spain to provide a better life for my family. Does anyone know if this charge will ruin my chances of gaining residency in Spain?
I originally wanted to go for Spanish citizenship, but I’m taking things one step at a time.
Answers
These are the answers of Spainguru’s Facebook group members:
“Just offering my 2 cents. I wasn’t even an adult when I was charged—17 years old. Even though no charges were pressed, it still showed up on my FBI Identity Report. I had a 3rd-degree assault charge, and it came up 20 years later! I’m still in the process of obtaining residency, and even though the charges weren’t formally pressed, it’s still there. But I should be fine.”
“My best friend was charged with domestic violence while protecting herself. She managed to get permanent residency in Australia, which is one of the hardest countries to obtain it. She had to show paperwork that her felony was dismissed or expunged, so you might need to look into that.”
“You just need to get your criminal record from the FBI for the last three years.”
“The FBI doesn’t give you the option to select a time period, but Spain only cares about the last three years. I’m in the process now.”
“Just get the charge expunged. Lots of young people make stupid mistakes. If it’s a one-time thing and gets expunged, it’s like starting fresh.”
“Doesn’t Spain only look at the past five years?”
“It will show up, but having something on your record doesn’t necessarily mean you’ll be denied a visa. I’m not sure which offenses would cause a denial, but you could include a letter explaining your situation and how it changed you. An attorney would be able to guide you better on that.”
“It happens. But you should also consider which visa you might qualify for because immigration to Spain is not easy. Many people think it is, but it’s not.”
“The FBI check includes all charges, no matter how old. I’ve seen things from 20 or 30 years ago show up. One of my clients even had a marijuana charge from 1994 that appeared.”
Conclusion
Dealing with a criminal record while applying for residency in Spain is challenging, but it’s not always a barrier.
Many people in similar situations have found that with expungement, proper paperwork, and sometimes a personal statement explaining the circumstances, you can still move forward.While past charges may show up in an FBI background check, not all are disqualifying.
Consulting an immigration attorney or specialist can provide clarity and help you navigate the process.
