Moving from US to Spain - Detention (Not Arrest) on Record

Member since 03 October 2022

Dani RamzMember10 May 2023 17:34:59

Does anyone know if having a "detention only, not arrest" on your US record will count as a criminal record in Spain? Cops can detain you for anything when they see fit here and because of a misunderstanding they detained me but then let me go and I got a letter saying I was not arrested, only detained (so therefore no crime happened, no charges brought, no conviction). In the US that is not considered a criminal record but in case that shows up (since they did fingerprint me), does anyone know if Spain will consider it as one?

gwynj Bulgaria Expert

Member since 30 June 2020

gwynjBulgaria Expert11 May 2023 08:14:23

2544

@Dani Ramz

Welcome to the expat.com forum and good luck with your potential move to Spain!

A criminal record check normally only shows criminal convictions. So I doubt that a detention would even show up! Even if it does, you can explain it as you've done here (especially if you still have a copy of the letter), so I encourage you to proceed with your application.

Lmflmf1 Serial expat

Member since 18 September 2020

Lmflmf1Serial expat15 May 2023 07:56:32

203

It can’t show up on your criminal background check without a crime being committed . Your background check will show a clean slate。

loreniaaquino Member

Member since 16 May 2023

loreniaaquinoMember16 May 2023 11:01:13

@Dani Ramz The Spanish authorities only will consider the crimminal records that appear on your FBI crimminal check repor (in some cases they accept the State´s ones). The authorities will consider the some facts of the crimminal records:

-Timing when they were commited

-If it was a prision sentence

-if the offence is consider serius in the Spanish law or it constitutes a danger to society.

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BhavnaTeam16 May 2023 15:40:09

42563

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