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Home - Question Forum
Criminal Record and Living in Japan
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Criminal Record and Living in Japan 2009/7/15
United States
Now that it's been up for a few years, I was wondering how the criminal checking is done. I have a friend who wants to come with me when I go to Japan, but she has a criminal record here in the US. She has been told that because we don't have to file for a Visa from here, and she has a valid passport, that as long as she doesn't admit to any record then she is good. She was convicted of a felony, but never served any jail time at all. She is working on getting a pardon, but I'm not holding my breath on that for her! But I want to know if I can still bring her, or if I should ask another friend to come. She also wanted to look for a job while she was there, and has someone that wants her to come in for an interview while she is there, they know she has a criminal record and still interviewing her. So I am guessing that she should reveal her record, but if the company doesn't care, then should she really? I hope this makes sense. Sorry for such a long post, and probably a stupid question... but she is under the impression that they can't get her information about her record since it didn't happen in Japan and I want to make sure.
by Elayne 26  

I'd fess up 2009/7/15
Maybe just me, but I'd rather tell the truth (or atleast fully answers all questions on all forms) - and if that means not getting in to Japan then so be it. But, if you do manage to secretly (whatever?!) get in and set up a life, only to be later found - it could severely disrupt your life, and you'd have an immigration record - possibly affected visits to other countries?!?!?

A criminal record is NOT necessarily "no entry" - it just needs a person , rather than a computer, to look at you individually before granting permission.

by John (guest) rate this post as useful

Ask the consulate 2009/7/15
As is the case with many of these "gray area" questions, I suggest you just make a quick phone call to the Japanese consulate. You'll get a simple yes/no answer rather than speculating and possibly taking a bigger risk than necessary!
by Ralph (guest) rate this post as useful

Honesty 2009/7/15
Like John says, a Criminal record does not mean she won't be granted a visa. It can affect their decision though.

I always believe honesty is the best policy. If immigration were to find out your friend misled them (and it does happen) she most likely will be deported and banned from entry for a period of time.
As for the company, if they don't care about the record that's all the more reason to be completely honest with it.

by Kevin (guest) rate this post as useful

waaaaait 2009/7/15
honest is NOT always the best policy especially regarding stuff like this. In this case honesty is more likely to ensure your friend will not be allowed in.

I would consult the gaijinpot forums on this matter because I know for a fact I've seen it discussed there before.

Be sure to find recent threads newer than 2007 because Japan has instituted fingerprinting and photographs at all ports of entry that may change the circumstances a bit.

by Winterwolf (guest) rate this post as useful

clarification 2009/7/15
I should clarify I'm not condoning lying or fraud. But you have a certain amount of leeway when you are filling out the documents and bending the rules a bit is likely to be the only way in considering it's a felony conviction on her record.

Definitely consult gaijinpot to get a better idea of what should be done to come in without breaking any laws but without being flat out denied at the airport.

by Winterwolf (guest) rate this post as useful

Legal 2009/7/15

honest is NOT always the best policy especially regarding stuff like this. In this case honesty is more likely to ensure your friend will not be allowed in.
I would consult the gaijinpot forums on this matter because I know for a fact I've seen it discussed there before.

Weither the friend is allowed into Japan is irrelevant, if you mislead a government department in any country you should also accept the consequences.
That question in your visa application is legally binded and if you lie quite simply you will pay the price just like anyone else if found out.
You should never lie to a government department just for personal gain.

If you seek advice on gaijinpot you will find me replying giving the same information I have, as I have done for years as a regular.

by Kevin (guest) rate this post as useful

US 2009/7/15
Visa application in any country is legal contract. If you become dishonest and country works you out your initial agreement is null and void and not longer legally valid.
Last year three Norwegians entered to work in tokyo. One man applied to work government IT and they found him and his friends had criminal record. They were famous here as one had big fraud convictions and people were excited he got through immigration because they dishonest.
Do what the heart tell you
Sory for my bad english
by Angus (guest) rate this post as useful

I agree with posters.... 2009/7/15
I've told her to just be honest about it. Since the company doesn't mind then I don't see why the government would mind that much. It was also something that several people don't believe that she did, as what happened is still going on even though she no longer works at the place, or even lives within 250 miles of where it happened.
As for gaijin pot, she has already talked to them, and 99% of the people told her that what they don't know won't hurt them or her. However, I think that if she were to live there that they would eventually find out.
But at the same time I can see where she doesn't want to tell the truth. I guess just trying to move past the situation is what she wants to do, but I don't want it to jeopardize her chances of getting a good job if I mess up and say something.
by Elayne 26 rate this post as useful

Criminal Record in Japan 2009/7/19
I'm no lawyer but from what I have heard anyone with a felony conviction on their record will NOT be admitted into Japan but the best way is to check with immigration or an attorney. Hell, Mick Jagger of the Rolling Stones had a felony drug conviction dating back to 1968 and he was refused admittance a couple of years ago. If they refuse Mick Jagger chances are your friend doesn't have a chance. Unless they have some cross check method she may want to consider lying.
by frank65 rate this post as useful

... 2009/7/19
Since it would be reviewed by a person, I would think a conviction for something non-violent would be less likely to get you barred from entry than the more violent crimes one thinks of when they hear felony (assault, arson, murder, rape, etc).

Also, just an fyi but not sure what kind of pardon or where your friend is getting it from, but federal pardons (in the US) do not expunge your record, you are still legally bound (though I guess it is up to you...) to say you where convicted even after pardoned.

Oh, and one more thing. It sounds like you are heading over there as a tourist (less than 90 days) hence no visa? If so, interviewing for a job may be a bit shady. You certainly wouldn't legally be able to start working and would, if hired, have to file for a new visa. Not sure what kind of background checks are involved with a work visa, but certainly something to consider, especially if you lie by omission on entry and get caught while applying for a visa.

by bgalfond rate this post as useful

agree 2009/7/20
I agree with frank. if you check the box that says you have a criminal record for drugs or violent offenses i think it's unlikely you'll be let in (or your friend in this case).

i would have your friend talk to an english speaking immigration lawyer before coming here.

keep in mind that if you're denied at the port of entry it can cause you further problems the next time you try to come in. and in this case since your friend will have admitted to having a criminal record, your friend will never have a chance of getting into japan again.

have your friend think carefully about it and consult some legal professionals before she makes a mistake that will prevent her from ever getting into japan.

by winterwolf rate this post as useful

RE: Criminal Record and Living in Japan 2009/7/20
I'm not a lawyer, but I suppose, especially when she has no other criminal records of any country, it may make a difference whether she has been sentenced to a penalty and the sentence has become final OR she has appealed hoping to get the penalty mitigated and the case is still pending.
Immigration Control and Refugee Recognition Act provides for various conditions for Japan to deny landing on Japan to a non-Japanese national.
(Even when he/she doesn't fall under any of them, if the country of which he/she is a national or citizen denies landing to a Japanese national for another reason, his/her landing on Japan may be denied for the same reason.)
So, when you consult a lawyer on this matter, you'd better clarify the situation.

Roughly speaking, a non-Japanese national who falls under any of the followings is denied landing on Japan.
(These are some examples, and not strictly true to the Act.)
- You have been sentenced to imprisonment for one year or more, and the sentence has become final.
(Exception: You have been sentenced on the charge of a political offense.)
- You have been sentenced to any penalty (regardless of the length of the term or the amount of the fine or so) on the charge of violating any law or regulation relating to the control of narcotics, marijuana, opium, stimulants or psychotropic substances, and the sentence has become final.
- You have been sentenced to any penalty (regardless of the length of the term or the amount of the fine or so) on the charge of violating any law or regulation for your participation in a riot in relation to an event such as Olympic Games and G8 Summit, and the sentence has become final, and you are likely to repeat such a deed in a public area of Japan in or near which such an event is held.
- You illegally possess against laws of Japan any narcotics or psychotropic substances, or marijuana, or poppy, opium or poppy plants, or stimulants, or raw materials used to make stimulants, or apparatus used for smoking or eating opium.
- You have engaged in prostitution, or intermediation or solicitation of prostitutes for other persons, or provision of a place for prostitution, or any other business directly connected to prostitution.
(Exception: You have engaged in the business under the control of another due to trafficking in persons).
- You have committed trafficking in persons, or incited or aided another to commit it.
- You illegally possess against laws of Japan firearms, swords or other such weapons, or explosives.

If a fact is found that a non-Japanese national has got permission to land on Japan, by deceit or other wrongful means, as not falling under the conditions for denial of landing, then his/her status of residence may be revoked; and if that's been revoked, he/she may be deported from Japan.
Deported from Japan in that way, he/she will be denied landing for 5 years if he/she has not previously been deported from Japan or departed from Japan, for 10 years if he/she has previously been so.

//

by omotenashi rate this post as useful

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