The Community card is an essential document for citizens of the European Union and their families who wish to reside and work in Spain. However, where the applicant has a police record, the concern arises as to whether this may affect the granting or renewal of this permit.
It is essential to understand the distinction between criminal and police records. The criminal record refers to final court convictions for offences, while the police record is related to records of arrests or investigations that have not necessarily resulted in a judicial process or a conviction. This is crucial in the context of the Aliens Act and the regulations governing the obtaining of the Community card in Spain.
Spanish legislation, in particular Royal Decree 557 / 2011 of 20 April, regulates aspects relating to the residence and work of foreign citizens in the country. In his article 71paragraph 5 (a)it is established that for the renewal of residence, it shall be assessed whether the alien has served a sentence, been pardoned or is in conditional remission or suspended sentence. However, the law does not consider police records as grounds for refusing to renew residence.
This means that while criminal records may influence the process, police records, by not involving a firm conviction, should not be considered a legitimate cause for the denial of the Community card. Being registered in a police investigation should not be considered as evidence of guilt or used as a basis for denying fundamental rights, such as residence and work. However, in some cases, the administration may attempt to justify the refusal of the Community card on the basis of a police record. Such decisions may be appealed, as they are not based on specific legal provisions. The administration does not have the power to create new regulations or interpret the law in a manner that contradicts the rights protected by the Constitution.
In conclusion, the obtaining of the Community card in Spain should not be hampered by the existence of a police record, since these are not a conviction and are not considered in the current legislation as a reason for refusing to renew the residence. It is essential that applicants be aware of their rights and the importance of the presumption of innocence, guaranteed by the Constitution, against any administrative attempt to restrict their access to residence and work in Spain
