Amnesty in Spain 2026 and Ministry of Interior Databases

The large-scale Amnesty in Spain 2026, regulated by the new royal decree, has opened an unprecedented window of opportunity for thousands of foreign citizens residing in the kingdom with an unregulated status. This extraordinary legalization aims to integrate the shadow economy sector and grant residence permits to individuals who have proven long-term stay in the country. However, legal practice shows that the legalization process contains hidden administrative barriers. One of the most critical obstacles is the presence of information about the applicant in the closed databases of the Spanish Ministry of Interior.

Many foreigners mistakenly believe that the absence of legally binding criminal court convictions guarantees successful passage of migration authority checks. This is a fundamental misconception. Spanish migration legislation grants state bodies broad powers to assess the applicant's degree of integration and reliability. The presence of any entries in police registries, even if the criminal case was subsequently closed due to a lack of corpus delicti, is interpreted by the administration as a potential threat to public order.

Within the procedure introduced by the Amnesty in Spain 2026, the requirements for the applicant's background cleanliness remain extremely strict. The state apparatus uses automated interdepartmental interaction systems. This means that the inspector reviewing the case receives a comprehensive summary of all the foreigner's contacts with law enforcement agencies for the entire period of their stay in the Schengen area. Any detention of a foreigner, even one that did not lead to a trial, leaves a digital footprint. Without a preliminary legal audit and preventive clearance of these databases, the probability of receiving a negative decision increases manifold.

The Hidden Threat to the EX-32 Form

The EX-32 form requires the applicant to confirm the absence of legal issues, yet the presence of police records often becomes an unobvious but fatal reason for residence permit application rejection.

The process of submitting documents for legalization is based on strict compliance with administrative regulations. The EX-32 form application initiates a comprehensive background check of the foreign citizen. In accordance with the provisions of RD 316/2026, which regulates the current legalization process, competent authorities must ensure that the applicant does not pose a threat to state security, public order, or public health. It is precisely the wording "threat to public order" (orden público) that serves as the legal basis for issuing denials based on police reports.

When a foreigner submits the EX-32 form, they give implicit consent to the processing of their personal data by all state institutions. The migration service (Oficina de Extranjería) does not limit itself to a formal review of the submitted papers. Inspectors request internal reports. If these reports contain information that the individual was previously detained, suspected of committing an offense, or simply appeared in police summaries as an incident participant, the administrative body has the right to apply the principle of preventive denial.

Such a residence permit denial due to a criminal record or, which happens much more often, due to the presence of police records, is based on the discretionary powers of the administration. The jurisprudence of the Spanish Supreme Court (Tribunal Supremo) confirms that the administration has the right to refuse to issue a residence permit if the foreigner's behavior indicates their inability to comply with the rules of coexistence. A police report (atestado policial) is considered objective evidence of such behavior, regardless of how the subsequent trial ended. Thus, extraordinary legalization can be blocked due to an incident from many years ago, which the applicant themselves might have already forgotten.

The Difference Between Penal and Policial History

Criminal history is formed by a court exclusively after a guilty verdict is issued, whereas a police record is created automatically at the moment of physical detention or identification of a person by law enforcement agencies.

To successfully navigate the procedures dictated by the Amnesty in Spain 2026, it is critically important to understand the distinction between the two types of registries. Antecedentes Penales (criminal records) are entries made in the Central Registry of Convicts of the Ministry of Justice (Registro Central de Penados). This entry appears in only one case: if a trial took place, the person's guilt was proven, and the judge issued a guilty verdict (sentencia condenatoria firme) that entered into legal force. If a foreigner requests a document known as a police clearance certificate, they receive an extract specifically from this registry. A clean police clearance certificate only means that the person has not been convicted.

On the other hand, there are Antecedentes policiales (police records). This is the internal operational information of law enforcement agencies. A police record is generated the moment a police officer writes a report. The basis for entering data into the database can be the detention of a foreigner for identity verification, suspicion of theft, participation in a domestic conflict, traffic violation with signs of a crime (for example, drunk driving), or even simply being present at the site of a police raid.

The main problem lies in the desynchronization of these two systems. If the police detained a person, compiled a report, and transferred the case to court, an entry appears in the police database. If the investigating judge (Juez de Instrucción) subsequently finds no elements of a crime and closes the case (issues an auto de sobreseimiento), a criminal record does not arise. The police clearance certificate remains clean. However, the police do not receive an automatic notification from the court about the case closure. As a result, the police record continues to exist in the Ministry of Interior databases for years, creating the illusion of a criminal past. It is this desynchronization that causes extraordinary legalization to fail for thousands of unprepared applicants.

How Delegación del Gobierno Checks PERPOL and SIGO Databases

Migration authorities have direct automated access to the databases of the National Police and the Civil Guard to verify the applicant's reliability in real-time.

In the structure of Spanish public administration, decisions on issuing residence permits are made by the Delegación del Gobierno (Government Delegation) in the respective province. Upon receipt of an EX-32 form application, the system automatically initiates queries to the integrated databases of law enforcement agencies. The main data arrays used for verification are PERPOL and SIGO.

The PERPOL (Personas y Policías) database is the centralized information system of the Spanish National Police (Policía Nacional). It accumulates data on all individuals who have ever come to the attention of this department. PERPOL contains information about arrests, issued warrants, participation in incidents, as well as identity verification data (filiación). If a foreigner was detained by the National Police in Madrid, Barcelona, or Valencia, their data will inevitably end up in PERPOL.

The SIGO (Sistema Integrado de Gestión Operativa) database belongs to the Civil Guard (Guardia Civil). This department has jurisdiction primarily in rural areas, on highways, in ports and airports, and also deals with specific types of crimes. SIGO performs similar functions, recording all operational actions of Civil Guard officers.

When the Delegación del Gobierno reviews a case under RD 316/2026, the inspector sees a consolidated report. If the system returns a hit in the PERPOL or SIGO databases, the review process is suspended. The inspector requests a detailed report on the reasons for detention from the relevant police unit. Having received information that the applicant appeared in a police report, the Delegación del Gobierno, guided by the principle of protecting public order, is highly likely to issue a denial. At the same time, the administration is not obliged to independently find out how the case ended in court. The burden of proving their innocence and reliability falls entirely on the shoulders of the foreign citizen.

The Procedure for Clearing Police History

The process of deleting records requires submitting an official petition to the Ministry of Interior with the mandatory attachment of a court decision on the termination of the case.

Preventive deletion of police records is the only reliable way to guarantee that old incidents will not become an obstacle to obtaining residency. The Amnesty in Spain 2026 does not forgive administrative negligence. The database clearance procedure is strictly regulated and requires flawless knowledge of administrative law. This is not an automatic process; it is exclusively declarative in nature. The foreigner or their legal representative (lawyer) must initiate administrative proceedings against the Ministry of Interior.

The procedure, known as Cancelación de antecedentes policiales, is aimed at the physical destruction or blocking of personal data in operational registries. It is important to understand that the police will not delete data simply at the applicant's request. Law enforcement agencies are obliged to store information for operational purposes. To force them to delete a record, it is necessary to provide irrefutable legal evidence that the retention of this data no longer has legal grounds. Such grounds include official confirmation that the incident that caused the entry was resolved in court without a guilty verdict, or that the statute of limitations for this offense has expired.

Exercising ARCO Rights Before the Ministry of Interior

Personal data protection legislation allows citizens to demand access, rectification, or complete deletion of their information from police registries based on strict legal procedures.

The foundation for the Cancelación de antecedentes procedure is the so-called Derechos ARCO (Acceso, Rectificación, Cancelación, Oposición). In the context of police databases, these rights are regulated by Organic Law 7/2021 on the protection of personal data processed for the purposes of prevention, investigation, detection, or prosecution of criminal offenses. This law implements European directives and establishes strict frameworks for law enforcement agencies.

The exercise of ARCO rights begins with the right of access (Derecho de Acceso). Often, a foreigner does not know exactly in which database (PERPOL, SIGO, or regional databases like Mossos d'Esquadra/Ertzaintza) the information is located, and exactly which incident is recorded. A lawyer sends an official request to exercise the right of access. The police are obliged within the time limit established by law to provide an extract from the registry, which will indicate the date of detention, the police report number (número de atestado), and the court to which the case was transferred.

Having received this data, the lawyer proceeds to exercise the right to deletion (Derecho de Cancelación). For this, an administrative dossier is formed. A standardized request form is sent to the Ministry of Interior, accompanied by evidence of the illegality of further data storage. If the police refuse to delete or ignore the request (administrative silence), the decision can be appealed to the Spanish Data Protection Agency (AEPD) or to the administrative court (Juzgado de lo Contencioso-Administrativo). The Amnesty in Spain 2026 requires that by the time the EX-32 form is submitted, this process must be fully completed.

Timelines and Documents for Cancelación

The procedure takes from one to three months and requires the submission of a completed form, a passport copy, and a certified court order marked as having entered into legal force.

Deleting data from the police is a bureaucratic process that requires exact compliance with deadlines and formalities. Any mistake in filling out forms or the absence of the necessary stamp on a court document will lead to a refusal to satisfy the petition. The basic document package includes: an official application on the Ministry of Interior form, a copy of a valid passport or NIE, as well as the original or a notarized copy of the court decision.

Below is a chronograph of the standard procedure for exercising ARCO rights regarding police databases, demonstrating the stages and legally established deadlines.

Procedure Stage	Action Description	Legal Deadline (LO 7/2021)	Practical Deadline (2026)
1. Access Request (Acceso)	Submitting an application to find out report and court numbers.	1 month	15 - 30 days
2. Court Search	The lawyer requests a copy of the case decision from the court archive.	Not regulated	10 - 45 days
3. Filing for Cancelación	Sending the full document package to the MoI (PERPOL/SIGO).	1 month	30 - 60 days
4. MoI Resolution	Receiving an official letter about data destruction.	Within stage 3	Up to 2 months
5. Appeal (if denied)	Filing a complaint with the AEPD in case of unmotivated police refusal.	3 months for a response	3 - 6 months

As can be seen from the table, the process can take from several months to half a year. Therefore, preparation for submitting documents under RD 316/2026 must begin well in advance. Submitting the EX-32 form before receiving official confirmation of data deletion from PERPOL or SIGO is an unjustified risk.

The Importance of a Court Decision on Case Archiving

Without an official document from the court confirming the closure of the case or an acquittal, the police will guaranteed refuse to delete the record from their operational databases.

The key element in the entire Cancelación de antecedentes process is the court document. The police do not have the authority to independently decide whether a person is guilty or not. Their task is to record the fact of the offense and transfer the materials to the investigating judge. Accordingly, for the police to delete a record, they need an order or confirmation from the judicial authority that criminal prosecution has been terminated.

This document is called "Auto de sobreseimiento" (Order of Dismissal) or "Sentencia absolutoria" (Acquittal). It is extremely important that this document bears a special court mark — "Firmeza". This means that the decision has entered into legal force and is not subject to appeal. If a lawyer provides the police with just a copy of the order without the stamp of entry into legal force (Testimonio de firmeza), the Ministry of Interior will refuse to delete the data, arguing that the case could theoretically be reopened. Obtaining this document from court archives (especially if the incident occurred 5-10 years ago) is the most complex and time-consuming part of a migration lawyer's work.

VissumLex Practical Case: In the practice of our bar association, there are regular cases where old police records block legalization. In early 2026, a client preparing to submit documents for a residence permit contacted us. In 2023, he was detained by the Civil Guard in the province of Alicante on suspicion of participating in a brawl (riña tumultuaria). After spending a night in a cell, he was released, and the court closed the case a month later due to a lack of evidence (Auto de sobreseimiento provisional). The client was confident that his history was clean, as the police clearance certificate (Antecedentes Penales) contained no records.

However, our preliminary audit revealed the presence of an active record in the SIGO database. Submitting the EX-32 form in such a state would have guaranteed a denial from the Delegación del Gobierno. VissumLex lawyers initiated the procedure for exercising ARCO rights. We requested a Testimonio de firmeza from the Alicante court, confirming the final closure of the case, and sent an official request to the central apparatus of the Civil Guard. After 45 days, we received an official response from the Ministry of Interior about the successful and complete deletion of data regarding the client's detention from the SIGO database. Only after receiving this documentary confirmation did we submit the legalization dossier. As a result, the client successfully obtained a residence permit without additional requests or delays from the migration service.

Amnesty in Spain 2026 and Ministry of Interior Databases: Frequently Asked Questions

Will an Old Detention Affect the Amnesty in Spain 2026?

Yes, any recorded detention, the data of which has not been officially deleted from the Ministry of Interior databases, will become the reason for a thorough check and a probable denial of a residence permit.

The Amnesty in Spain 2026 does not provide for the automatic forgiveness of administrative or police marks. Migration authorities consider the presence of records in PERPOL or SIGO as an indicator of a potential threat to public order. Even if the detention occurred 10 years ago and did not lead to a trial, the very fact of having a digital footprint in the system will make the inspector doubt the applicant's reliability. Under RD 316/2026, the administration has the right to refuse legalization based on a discretionary assessment of the foreigner's behavior. Therefore, old detentions require mandatory legal clearance before starting migration procedures.

Is a Clean Ministry of Justice Certificate Enough for the EX-32 Form?

No, a clean police clearance certificate only confirms the absence of criminal convictions, but does not guarantee the absence of hidden police records in the Ministry of Interior databases.

Many applicants make the critical mistake of believing that a police clearance certificate (Certificado de Antecedentes Penales) is exhaustive proof of a clean legal record. The EX-32 form does indeed require the provision of this document. However, the Delegación del Gobierno conducts its own, independent checks through internal channels. A certificate from the Ministry of Justice does not reflect facts of detentions, preventive conversations, participation in fights, or suspicions of committing crimes if they did not result in a guilty verdict. A residence permit denial due to a criminal record is one thing, but a denial due to police records is a completely different legal phenomenon, against which a certificate from the Ministry of Justice does not protect.

How Can I Find Out if My Data is in the PERPOL Database?

To check for the presence of data, it is necessary to submit an official request to exercise the right of access (Derecho de Acceso) to the General Directorate of the National Police.

You cannot simply walk into a police station and ask to be checked against the database. The procedure is strictly formalized. It is necessary to fill out a special request form, attach a copy of an identity document, and send the document package through the official electronic registry (Registro Electrónico) or by mail to the central apparatus of the Ministry of Interior. Within one month, the police are obliged to provide a written response indicating whether your data appears in the PERPOL system, and if so, on what grounds (report numbers, detention dates, articles of suspicion).

How Long Does It Take to Delete Police Records?

On average, the procedure for complete data deletion takes from 2 to 4 months, including the time to request the necessary documents from court archives.

The actual process of reviewing an application for Cancelación de antecedentes in the Ministry of Interior legally takes one month. However, this is preceded by a preparatory stage. If you do not have a certified copy of the court decision with a mark of entry into force on hand, the lawyer will need time to make requests to court archives. Depending on the workload of a specific court (Juzgado), obtaining a copy of the order can take from several weeks to a month and a half. Therefore, lawyers strongly recommend starting the history clearance process at least six months before the planned submission of documents for legalization.

Are Records Deleted from the SIGO Database Automatically?

No, records in the databases of the Civil Guard (SIGO) and the National Police (PERPOL) are never deleted automatically when a criminal case is closed.

This is one of the main myths among immigrants. The judicial system and police databases do not have automatic synchronization regarding acquittals or case closures. The court does not send a notification to the police demanding the deletion of a record. The police retain data for operational purposes until the citizen exercises their Derechos ARCO and forces the Ministry of Interior to delete the information by providing appropriate legal evidence. Without active actions on the part of the applicant, the record will be stored in the system for decades.

What to Do if an Amnesty Denial Arrives Due to Police Records?

It is necessary to urgently initiate the procedure for deleting police records and simultaneously file an appeal against the decision of the migration service.

If the Delegación del Gobierno issued a denial on the EX-32 form, citing a threat to public order due to the presence of police records, you have one month to file an administrative appeal (Recurso de Reposición) or two months to go to court (Recurso Contencioso-Administrativo). The defense strategy consists of immediately launching the Cancelación de antecedentes procedure. As soon as the police confirm the deletion of the data, this fact is used in the appeal as evidence that the grounds for denial have disappeared, and the applicant no longer poses a threat. However, the chances of success are significantly higher if the database clearance is carried out preventively.

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Clearing police history before submitting documents for extraordinary legalization is a critically important step. Do not risk your future in Spain. Contact a VissumLex lawyer to conduct a full audit of your data in the Ministry of Interior databases and guarantee the deletion of compromising information.