If you were asked for “background records” for a Guatemalan job, US visa, or immigration filing and you don’t know which one to get — you are not alone. Penal records and police records are two different documents, issued by two different Guatemalan institutions, and they cover different things. This guide explains the difference, when you need each, and how to get them.
Quick summary: Police records are issued by the PNC and cover arrests and detentions. Penal records are issued by the Organismo Judicial and cover court convictions. For Guatemalan employment and many foreign immigration filings you need BOTH — but not for a US immigrant visa, where the US Embassy accepts only the Ministerio Público “Antecedentes”. Each costs about Q30 (no gratuity law in force): PNC online and OJ at cape.oj.gob.gt.
Correction (24 September 2026): each record costs about Q30 (MINGOB; La Hora, 17 January 2026). This page previously said a 2026 “Ley de Gratuidad” made them free; the gratuity bills (iniciativas 6696 and 6409) were still in congressional committee on 28 April 2026 and we found no law in force.
Comparison Table
| Feature | Police Record (Policiacos) | Penal Record (Penales) |
|---|---|---|
| Issued by | Policia Nacional Civil (PNC) | Organismo Judicial (OJ) |
| What it records | Arrests, detentions, police investigations | Court CONVICTIONS, sentences |
| Online portal | policiales.pnc.gob.gt | cape.oj.gob.gt |
| Cost | About Q30 (MINGOB) | About Q30 (La Hora, Jan 2026) |
| Online turnaround | Immediate | 24-48 hours |
| Typical validity | 6 months | 6 months |
| “Clean” means | No police record | No criminal conviction |
| Used for | Employment, internal licensing, weapon permits | Visas, immigration, public-sector tenders |
Why Guatemala Issues Two Separate Documents
In Guatemala’s legal system, the police and the courts keep separate registries:
- The PNC records every formal interaction: arrest, detention, custody, presentation before the Public Ministry. These records exist even if the case never goes to trial or if the person is acquitted.
- The Organismo Judicial records only final criminal convictions issued by penal courts. If you were arrested but the case was dismissed, archived, or acquitted, you will not appear in the penal records.
That’s why a person can have a police record (they were arrested) but clean penal records. And it’s why most employers and consulates ask for both — they want the complete picture.
Which One You Need, by Use Case
Guatemalan Employment
- Most companies: both
- Banks, security firms, cash handling: both required
- Informal or project-based work: usually PNC only
Internal Guatemalan Procedures
- Driver’s license: PNC
- Weapon permit (DIGECAM): both
- Public sector hiring, civil service exams: both
- Government tenders (licitaciones): OJ (sometimes both)
Visas and International Immigration
Most countries require both, apostilled:
- USA (any visa processed by the State Department): its Guatemala reciprocity page names the Ministerio Público’s Antecedentes as the police certificate and lists court records as “Unavailable”; it does not list the PNC or OJ records
- USA (immigrant visa at the US Embassy in Guatemala City): neither — the State Department says the Ministerio Público’s “Antecedentes” “is the only police certificate/criminal history document from Guatemala that will be accepted”. See immigrant visa interview in Guatemala City.
- Canada: both apostilled (the Canadian government guide explicitly requires both)
- Schengen Europe: both apostilled and translated
- Mexico (Residente Temporal): both apostilled
If you need to apostille, see also: Apostille Guatemala Background Records.
From Outside Guatemala
If you live abroad, Guatemalan consulates cannot issue either record. You must use the online portals from any country, or authorize a representative in Guatemala. See: Get Guatemalan Background Records From the USA.
How to Get Each One
PNC Police Record — about Q30
- Register at policiales.pnc.gob.gt/autoregistro with your DPI
- Pay about Q30 at Banrural or Banco Industrial, then register online (the portal asks for the receipt details)
- Log into the portal and request the certificate
- Download the digitally signed PDF
Full guide: PNC Police Background Check.
OJ Penal Record (CAPE)
- Go to cape.oj.gob.gt
- Available options: Ingresar (register), Validar (verify an existing certificate), Seguimiento (check status)
- A “Solicitud sin registro” option exists for one-off requests
- Complete the form with your DPI and the requested information
- About Q30 bank payment (no gratuity law in force); the portal asks for the receipt details
- Receive a digitally signed PDF within 24-48 hours
Full guide: OJ Penal Background Check.
Total Cost If You Need Both
| Item | Cost |
|---|---|
| PNC Police Record | About Q30 (MINGOB; La Hora, Jan 2026) |
| OJ Penal Record (CAPE) | About Q30 (La Hora, Jan 2026) |
| For use abroad — MINEX apostille | Q 75 per document (Q 85 with timbres) |
The records cost about Q30 each (about Q 60 for both). For international use, add the two MINEX apostilles: Q 150 for both (about Q 170 with timbres fiscales, ~$22), plus optional shipping or translation. The fee is set by Acuerdo Gubernativo 35-2024 and paid at Bantrab. See: Apostille Guatemala Background Records.
Common Mistakes
- Submitting only one when both are required — almost-automatic rejection. Read the requirements list carefully.
- Confusing the generic “antecedentes” with “penales” specifically — when someone says “get your antecedentes” without specifying, get both to be safe.
- Apostilling before checking the underlying validity — the apostille certifies international authenticity but does not extend the validity of the original. If the original expires in 3 months, so does the apostilled version.
- Assuming the consulate can issue them — Guatemalan consulates abroad do not issue background records. Only the official portals inside Guatemala issue originals.