COE with DWI from 12 years ago?

[bikingisligr]

So for some reference ive been to japan twice filed no on the disembarking card since when i asked a immigration officer about my case he asked if i went to jail . I than explained i had a ticket that was it. He said choose no. I was fine both times no problems. I got accepted to a school and had to file a coe and i chose no thinking it was the same as what the guy said . Am i lying ? Im starting to regret this decision but i dont want to mess my chances up as i dont really have anything horrible to hide only that one thing from almost 13 years ago

 

[nice gaijin]

@bikingisligr welcome to JREF.

Hmm, I suppose it depends on the depth of their background check. I would expect a DWI to show up, especially since it usually results in an arrest, but would it throw much sand in your gears? I'm not sure what the statute of limitations is, but 12+ years is a long time and it may not matter.

Ironically, I have a friend who had an arrest in his past (I can't remember if charges were ever filed or if the case was just dropped, but he said he passed out drunk in a cab and awoke to a beating from the police). He was originally going to work in Korea and the immigration official decided to deny him, so he ended up going to Japan instead. Don't put all your eggs in one anecdote, but if the charge does rear its head and you get grilled, you could just say it was so long ago you had forgotten about it, since it was such a minor thing and you're a changed person, etc etc. I guess you could also look into sealing the record if that's possible.

 

[bikingisligr]

@bikingisligr welcome to JREF.

Hmm, I suppose it depends on the depth of their background check. I would expect a DWI to show up, especially since it usually results in an arrest, but would it throw much sand in your gears? I'm not sure what the statute of limitations is, but 12+ years is a long time and it may not matter.

Ironically, I have a friend who had an arrest in his past (I can't remember if charges were ever filed or if the case was just dropped, but he said he passed out drunk in a cab and awoke to a beating from the police). He was originally going to work in Korea and the immigration official decided to deny him, so he ended up going to Japan instead. Don't put all your eggs in one anecdote, but if the charge does rear its head and you get grilled, you could just say it was so long ago you had forgotten about it, since it was such a minor thing and you're a changed person, etc etc. I guess you could also look into sealing the record if that's possible.

Ha well as of last november new york * where it happened passed a law called the clean slate act . My case should apply however it doesnt go into effect until this novemeber

 

[johnnyG]

but if the charge does rear its head and you get grilled, you could just say it was so long ago you had forgotten about it, since it was such a minor thing and you're a changed person, etc etc. I guess you could also look into sealing the record if that's possible.

Unfortunately, for certain applications, you have to submit a criminal background check--it's not between you and an immigrations officers on entry, and whether you've checked 'no' or not.

Some workarounds that I've heard of is to get the background check in a different state than where you had a problem. But that assumes a state level check is enough. Some places/countries want an FBI check (national).

And sealing the record may not matter, I think that the 'sealing' part may not make it appear clear in all cases. Some people have mentioned "expungement", but again, depending on circumstances, even then it may show.

 

[bikingisligr]

Unfortunately, for certain applications, you have to submit a criminal background check--it's not between you and an immigrations officers on entry, and whether you've checked 'no' or not.

Some workarounds that I've heard of is to get the background check in a different state than where you had a problem. But that assumes a state level check is enough. Some places/countries want an FBI check (national).

And sealing the record may not matter, I think that the 'sealing' part may not make it appear clear in all cases. Some people have mentioned "expungement", but again, depending on circumstances, even then it may show.

Well i guess my best option at this point is to just wait wait and see what happens with my coe if they ask me about it inwill tell them everything and tell them how it went when i visited japan and how i did not have a intention to hide it

 

[bikingisligr]

Unfortunately, for certain applications, you have to submit a criminal background check--it's not between you and an immigrations officers on entry, and whether you've checked 'no' or not.

Some workarounds that I've heard of is to get the background check in a different state than where you had a problem. But that assumes a state level check is enough. Some places/countries want an FBI check (national).

And sealing the record may not matter, I think that the 'sealing' part may not make it appear clear in all cases. Some people have mentioned "expungement", but again, depending on circumstances, even then it may show.

Hopefully since its almost 13 years old maybe it will have a little standing

 

[bikingisligr]

Yea i will do my best i really hope nothing bad comes from this its so silly and so long and minor it is difficult situation

 

[bikingisligr]

Basically im just looking for the best advice here as im really not trying to hide anything and i did not take the time i should have while filling my application for a student COE so on the question about crime i wrote no. Thinking it was gone after ten years i should have asked someone about it . And now im worried something bad will happen. Even though i plan to explain myself if its brought up

 

[mdchachi]

Can you comply with this even if you wanted to? I mean are your court and arrest records still available?

"*An applicant with an arrest or criminal record must provide a copy of his/her court and/or arrest record (including cases that ended with an acquittal or pardon), along with an English translation of those documents if they are in any language other than English. Even if the case did not go to trial, please provide a letter that explains in detail the circumstances surrounding the arrest. We would like to know about the charges, time served, fees paid, and probation (if any)."

 

[johnnyG]

Basically im just looking for the best advice here as im really not trying to hide anything and i did not take the time i should have while filling my application for a student COE so on the question about crime i wrote no. Thinking it was gone after ten years i should have asked someone about it . And now im worried something bad will happen. Even though i plan to explain myself if its brought up

I sympathize, since but for the grace of god (or many flukes/chances in the unfolding of my life), I'd be in the same boat--eg, I could have been busted any number of times. And I don't want to list the stupid things I've done.

The suggestion to get a background check from a different state was a serious one. If you can get that, it'll be clean. Then if they want something more, go national. And if it shows, be ready to offer that it was a different place and time, and really long ago, etc., that you were young, and whatever else you can add to deflect from it.

At least it's a DUI (and drinking still retains some acceptability/normalcy), and not a drug bust. (which auto-disqualifies you from many countries)

 

[bikingisligr]

Can you comply with this even if you wanted to? I mean are your court and arrest records still available?

"*An applicant with an arrest or criminal record must provide a copy of his/her court and/or arrest record (including cases that ended with an acquittal or pardon), along with an English translation of those documents if they are in any language other than English. Even if the case did not go to trial, please provide a letter that explains in detail the circumstances surrounding the arrest. We would like to know about the charges, time served, fees paid, and probation (if any)."

I dont know if its available still because of how old it is but i suppose i could ask my mother to go to the courts in new york because i currently live in california

 

[bikingisligr]

I sympathize, since but for the grace of god (or many flukes/chances in the unfolding of my life), I'd be in the same boat--eg, I could have been busted any number of times. And I don't want to list the stupid things I've done.

The suggestion to get a background check from a different state was a serious one. If you can get that, it'll be clean. Then if they want something more, go national. And if it shows, be ready to offer that it was a different place and time, and really long ago, etc., that you were young, and whatever else you can add to deflect from it.

At least it's a DUI (and drinking still retains some acceptability/normalcy), and not a drug bust. (which auto-disqualifies you from many countries)

Well they did not ask me to get a background check. I just filed an application with a school and they sent it to immigration . However they said immigration does a background check . But like i said i did not check i had a criminal record i left it non checked but it happened in new york i live in california . However i was considering going back to new york if i get accepted to spend time with family and planned on going to immigration in new york to exchange my coe for a visa .