A criminal record does not prove good civic conduct for obtaining citizenship

A Dominican citizen applied for Spanish nationality by residency. His file included a prior arrest for alleged crimes of document forgery and facilitating illegal immigration, a case that ended with a provisional dismissal.

The National Court reiterates that good civic conduct is not presumed nor solely defined by the absence of a criminal record. It is the applicant's responsibility to demonstrate it throughout the entire application process.

The key to the case lies in the fact that the proceedings did not end with a full dismissal, but rather with a provisional archiving. According to the Court, this does not prevent the Administration from assessing the facts that led to the investigation when examining compliance with the requirement of good civic conduct.

Furthermore, circumstances such as marriage to a Spanish citizen, job stability, or social integration are favorable factors, but they do not replace the specific demonstration of impeccable civic conduct. Conclusion: the provisional dismissal of a criminal case does not, in itself, guarantee the granting of Spanish nationality when the Administration considers that there are elements that prevent the good civic conduct from being sufficiently proven.