Having a Criminal Record and Spain’s ETIAS Entry Check

Most of the time, minor criminal convictions do not bar entry into Spain. However, 2024 will see the launch of ETIAS for Spain. It will become a prerequisite for admission for nationals of countries who enjoy visa-free entry to Spain and the Schengen area. Therefore, before traveling to Spain, visitors and business travelers from nations including the United States, Australia, and Japan will have to register online for ETIAS Spain.

Spanish ETIAS will ensure that the individuals who represent a threat can be kept out of Spain and the rest of the Schengen area by conducting pre-screening on passengers. In addition, following Brexit, criminal background checks will also be required for UK citizens traveling to Spain. Currently, foreigners from countries without visa requirements can enter Spain and other Schengen countries with just a valid passport.

Pre-departure background checks will be necessary once ETIAS is in place. Find out whether an applicant with a criminal record can apply for Spain ETIAS below.

How does ETIAS Look Up Criminal History?

Visitors from foreign countries will be scrutinized more after the European Travel Information and Authorization System (ETIAS) launch in 2024. Information kept in the following databases will be used to search for grave security issues and to look up the criminal history of travelers visiting Spain:

• Data from the Schengen Information System (SIS)
• Interpol and Europol
• Information System for Visas

The identities of UN war criminals and anyone else who has committed or is likely to commit terrorism offenses or other serious crimes will also be included on the ETIAS watchlist. If any of these systems return a hit, ETIAS units in Spain will manually analyze the application before making a judgment. A person who will not be granted Spanish ETIAS because of prior indictments could be permitted to enter Spain with a visa. In such cases, the Spanish embassy is the place to submit visa requests if an individual is traveling to Spain with a criminal background. 

The information given by applicants for Spain ETIAS authorization will be cross-checked against information maintained by Europol. Additionally, Europol maintains records of people suspected of committing or participating in criminal offenses. ETIAS will also conduct background checks on visitors found guilty of grave offenses. It will also check the record of those traveling to Spain with criminal pasts. It will also examine whether there are factual indicators or reasonable grounds to assume they will likely commit such offenses.

Aside from managing the ETIAS watchlist in the Europol data, Europol is also engaged in defining the ETIAS screening rules. ETIAS National Units will consult Europol when investigating a hit that may occur via the automated processing of an ETIAS system using data stored by Europol.

How Are Criminal Records Identified in the EU?

There will be criminal record inquiries on the Spain ETIAS application. Criminal history questions on the ETIAS form have not yet been finalized. Closer to the ETIAS launch in 2024, more details will be accessible. Foreign nationals qualified to apply for Spanish ETIAS will have to fill out a brief online form. Applications will include a section on basic personal data and passport information. The traveler’s criminal history will be another section for security queries.

Criminal history details will need to be disclosed by travelers. Since applications will be reviewed against security databases, false information will likely be exposed. Hence it will be crucial to supply the correct information on the ETIAS form for Spain. Currently, authorities in Spain are worried about terrorism and other major crimes. By conducting background checks on travelers who are exempt from the requirement to apply for a visa, ETIAS will improve border security.

Additional Information

Criminal history, both for Small and Major Offenses

It is doubtful that minor criminal convictions will result in refusal for Spain ETIAS. Tourists with a criminal history for a non-serious offense may apply for ETIAS for Spain. Most likely, they will be granted a visa waiver. Additionally, applicants need to disclose whether they have ever been expelled from the EU or Schengen country. It is essential to include information concerning the crime, such as the time and place it occurred.

Criminal Record Inquiries on the Spain ETIAS Application

Data from international security databases will cross-check the information provided by applicants on the ETIAS application form for Spain. The European Criminal Records Information System for Third Country Nationals (ECRIS-TCN) will be crucial for criminal record checks. Information on foreign nationals with criminal histories in the EU will be kept in the database. 

The new system would make it simpler for Spanish authorities to locate foreign nationals who have criminal records. Usually, multiple entries to Spain and other countries in the Schengen Area are permitted with an ETIAS Visa Waiver. The permit may, however, be canceled if a crime is committed following the approval of the ETIAS for Spain or if new information becomes available.

The Spanish visa waiver could be revoked if a new alert is added to one of the ETIAS security systems. In such a case, the permit could not be used to travel to Spain without a visa in the future.

Border Screenings when Entering Spain

To enter Spain or any other country in the Schengen region without a visa, ETIAS will be required. Most travelers will be able to pass the border without any incident if they have an authorized visa waiver and a valid passport. Keep in mind that ETIAS does not ensure entry to Spain. Border guards have the final say on permitting a foreign national to enter Spain. 

Generally, ETIAS for Spain will apply to the entire Schengen region. Moreover, Spain ETIAS holders will typically be exempt from additional border inspections after passing through the external Schengen border.

Can A Traveler with A Serious Criminal History Apply for Spain ETIAS?

The EU has clarified that only those guilty of major crimes or acts of terrorism will have their ETIAS visa waiver request denied. Criminal convictions for terrorism, murder, or drug trafficking make it unlikely that such visitors will be eligible for Spain ETIAS. Even for brief trips, it may be difficult for travelers who have committed grave crimes to enter Spain.

Entry may be denied to those who have served more than three years in prison or received sentences of more than two years for narcotics or human trafficking offenses. It should be noted that the border control agent typically has an ultimate say over admission to Spain. Therefore, responding politely and truthfully to any inquiries regarding criminal history is essential.

Conclusion

The presence of a serious criminal history can have an impact on a traveler’s ability to obtain a Spain ETIAS. The primary purpose of the ETIAS system is to enhance security within the Schengen Area, which includes a thorough assessment of an applicant’s background. Therefore, as part of the ETIAS entry check with a criminal record, the system evaluates the severity and nature of the offenses committed by the applicant.

Travelers with a serious criminal history may face challenges when attempting to secure a Spain ETIAS, as Spanish ETIAS and criminal history are closely linked. The ETIAS application process involves disclosing one’s criminal past, which is then considered during the evaluation of the applicant’s eligibility for entry.

The impact of a criminal record on Spain ETIAS can vary, as the system takes into account the gravity of the offenses, the duration since the last conviction, and any rehabilitation efforts made by the applicant.

Spain ETIAS background checks are designed to ensure the safety and security of all travelers and residents within the Schengen Area. As such, travelers with a serious criminal history may find it difficult to obtain approval for their Spain ETIAS application.