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Scotlandboy16

For residence applications, What does the Spanish police record check curtail from a UK perspective? Does it only flag convictions that highlight on a Disclosure (Scotland)/DBS (England) enhanced check to work with kids - highest level of check in UK?


I ask because I have a previous DUI conviction which has dropped off my report - due to time elapsed since conviction and age at time (as per UK gov guidance).

Do I have to worry about it?


Is it a full PNC check or DBS?

sherylmulloy

Hi it is an ACRO criminal record report and im afraid everything will show up no matter how long ago the offence was committed, depending on the severity of the offence its usually about 12 years after it will drop to no live trace but the spanish government realise  then an offence has been committed and they usually deny application for which you then have to appeal, sorry its not good news 😔

Scotlandboy16

Thanks Sheryl, for your advice  *apologies in advance for any typos - this website doesnt auto correct!!!*


im keen to understand the no live trace concept 


can they tell what is live no trace? i have a peeing in the street fine too!  would that allow them understand there was a previous DUI conviction (its over 12 years old!) and differentiate?

sherylmulloy

There is a list on the ACRO website of offences and how long they take to be stepped down, when they are stepped down this means they will appear as "no live trace" but unfortunately this still means an offence was committed, this usually means an application will be denied and youbwill have to appeal, which was in my case, i then hired a lawyer to break down the offence in spanish law, i then won the appeal

gwynj

@Scotlandboy16


I believe that they require an ACRO certificate, and it should be legalised. (But perhaps it's different in Scotland.)

https://www.acro.police.uk/s/

https://www.gov.uk/get-document-legalised


If there are issues which are flagged, but not itemized (because they've been stepped down), then you can do a separate subject access request to get  written details. This way, if the embassy official asks about the missing offences you can show this letter.

Museo

I recently got my NLV despite having a conviction for common assault , harrasment and breaking a restraint order .

it was during a very acrimonious divorce and was 10 years ago so it showed as  live trace and the offences were listed and dated on the Acro .

I put in  a self written reference in explaining  the circumstances  and that it wasnt premeditated and also that it was outside the five year term that the Spanish authorities require …maybe try doing that ….worked for me 

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