CRIMINAL RECORD CHECK IN SPAIN AS PART OF THE BACKGROUND SCREENING PROCESS

In a typical hiring process in Spain, companies typically collect resumes, interview candidates, select the most suitable candidate, and finally make a job offer. However, many companies also conduct background checks on employment and academic backgrounds at some stage to avoid hiring risky individuals and ensure a reliable workforce.

An interesting fact is that Nearly 401% of job applicants make false statements on their resume.These discrepancies can lead to poor hires, which will negatively impact the work environment. To verify the accuracy of the information, it is essential to conduct a background check on employment and academic records.

What is an employment background check?

An employment background check is the process companies use to confirm that the information a candidate provides on their resume is accurate. In addition to verifying employment history, this process may also include reviewing academic records.
Performing these checks is key to creating an honest and safe work environment, as well as protecting the company from fraud risks, its intellectual property, and confidential data.

Benefits of background checks in Spain

Failure to conduct background checks can expose companies to legal risks and liabilities. Below are some important benefits:

• Better quality in hiring:
  By following a rigorous selection process, companies can attract more qualified and reliable candidates. Background checks improve the quality of applications and facilitate informed decision-making.
• Lower staff turnover:
  Hiring honest and capable employees contributes to a strong and committed workforce, which reduces turnover and improves organizational stability.
• Avoid negligent hiring:
  Negligent hiring can leave a company liable for damages caused by its employees, even if it was unaware of their history. Implementing a background check program reduces this risk.

Are criminal background checks legal in Spain?

Yes, criminal record checks in Spain are legal for professions where the law requires them to be checked for employment.

As a general rule, for all other jobs and professions, the Spanish Data Protection Agency has ruled that criminal record checks are not required and therefore not permitted.

Only state agenciesJudges, courts, and the judicial police have direct access to the Central Registry of Convicted Persons. Additionally, information about criminal records is private and cannot be disclosed without the candidate's consent. Likewise, discrimination based on criminal record is prohibited in Spain.

Some of the sectors and activities in which there is a legal obligation to check a candidate's criminal record are:

• Public administration
• State/Local Police
• Army
• Executives of financial institutions
• Insurance agents
• Professionals who work with children
• Casinos

These exceptions ensure that those working in sensitive sectors or activities meet the legal and moral requirements necessary to perform their duties safely and ethically.