Travel Traveling and Moving to Japan with a Criminal Record

[Study]

I am interested in traveling, or moving, to Japan for a number of reasons. My girlfriend of a year and a half lives there (and I have considered getting married with her). I also have very,very good qualifications, as I majored in engineering (from a well-known university), and am very experienced in programming. I also have TESL certification, so I can teach English as a foreign or second language. The only problem is, I have a record, and there are felonies on there. They are non-violent and not drug related. I also do not have a "history" of offenses, as I only did something stupid once and then paid my dues.

I was wondering what possible options I have? My girlfriend has been very patient with me for the last year and a half. She had initially come to America to study, and that is when we met. She knows about the record, and she knows how difficult it is for me to come to Japan. However, I do not want to make her come to America because she has dreams to work in Japan. I have no preference for where I want to work, and without my record I know my qualifications would allow me to work anywhere, as that was my original plan. However, if I want to wait to expunge or vacate my records, I would have to wait 10 years from now. Even then, I am not guaranteed to expunge or vacate, and whether or not Japan will care about expunged or vacated records is a concern.

Are there any possible ways for me to move to Japan? I have considered if marriage will work, but I am not sure?

 

[Mike Cash]

I have looked up the relevant section of the law regarding this:

第二節 外国人の上陸

（上陸の拒否）
第五条 次の各号のいずれかに該当する外国人は、本邦に上陸することができない。

(省略)

四 日本国又は日本国以外の国の法令に違反して、一年以上の懲役若しくは禁錮又はこれらに相当する刑に処せられたことのある者。ただし、政治犯罪により刑に処せられた者は、この限りでない。

Essentially, if you've got a felony on your record, you are barred from entry. The wording is clear and unambiguous. However, it still may be worth your while to attempt working something out. You would have to consult with an immigration attorney in Japan to see what your chances are.

If you get married, make sure you are both clear that it may mean you will never live in Japan together. Even if something does work out down the line, go into it assuming it won't. Certainly don't get married assuming that step will cause Immigration to cut you some slack. There is no reason to think they will and there is nothing in the statute to allow them that sort of discretion anyway. (EDIT: Even if you had a clean record and were living here married, committing what amounts to a felony in Japan would...after your sentence...see you deported and barred from reentry, so there really is very little reason to think getting married would cause them to overlook your record).

 

[Grinning Studio]

I've met two people in Japan that had Felony charges back home. They both have resident status, and one is married, (after entry). This doesn't mean you will be so lucky, but it does mean it is possible. So, that's good news for you I suppose. Mike's advice about consulting an immigration attorney is pretty solid though. Good luck.

 

[Study]

I have looked up the relevant section of the law regarding this:

ﾂ ﾂ ﾂ ﾂ 窶佚ｦ窶愿ｱﾂ静淞 ﾅ?Oﾂ坂?伉人窶堙個湘｣窶板､

ﾂ（ﾂ湘｣窶板､窶堙娯?ｹ窶倪?敕崢）
窶佚ｦﾅ津慊湘ｰ ﾂ ﾅｽﾅｸ窶堙固?eﾂ坂??窶堙娯?堋｢窶堋ｸ窶堙ｪ窶堋ｩ窶堙嫁?Y窶懌?凪?堋ｷ窶堙ｩﾅ?Oﾂ坂?伉人窶堙債、窶怒窶溺窶堙可湘｣窶板､窶堋ｷ窶堙ｩ窶堋ｱ窶堙??堋ｪ窶堙??堋ｫ窶堙遺?堋｢ﾂ。

(ﾂ湘遺?板ｪ)

ﾅｽl ﾂ 窶愿ｺ窶怒ﾂ坂?倪?凪?昶?堙坂?愿ｺ窶怒ﾂ坂?侏?闇?O窶堙個坂?倪?堙娯?邸窶氾溪?堙架?｡窶敖ｽ窶堋ｵ窶堙?、ﾋ?ｪ窶扼ﾋ?按湘｣窶堙娯?卍ｦ窶禿ｰﾅｽﾃ｡窶堋ｵ窶堋ｭ窶堙坂?ｹﾃ姪ｧﾃｼ窶凪?昶?堙坂?堋ｱ窶堙ｪ窶堙ｧ窶堙俄?佛?窶懌?凪?堋ｷ窶堙ｩﾅ炭窶堙可祥??堋ｹ窶堙ｧ窶堙ｪ窶堋ｽ窶堋ｱ窶堙??堙娯?堋?窶堙ｩﾅｽﾃ陳。窶堋ｽ窶堋ｾ窶堋ｵﾂ、ﾂ青ｭﾅｽﾂ｡窶敕?催溪?堙俄?堙ｦ窶堙ｨﾅ炭窶堙可祥??堋ｹ窶堙ｧ窶堙ｪ窶堋ｽﾅｽﾃ停?堙債、窶堋ｱ窶堙固津?窶堙ｨ窶堙??堙遺?堋｢ﾂ。

Essentially, if you've got a felony on your record, you are barred from entry. The wording is clear and unambiguous. However, it still may be worth your while to attempt working something out. You would have to consult with an immigration attorney in Japan to see what your chances are.

If you get married, make sure you are both clear that it may mean you will never live in Japan together. Even if something does work out down the line, go into it assuming it won't. Certainly don't get married assuming that step will cause Immigration to cut you some slack. There is no reason to think they will and there is nothing in the statute to allow them that sort of discretion anyway. (EDIT: Even if you had a clean record and were living here married, committing what amounts to a felony in Japan would...after your sentence...see you deported and barred from reentry, so there really is very little reason to think getting married would cause them to overlook your record).

I don't intend on committing crimes in the future anywhere. Despite my records, I would consider myself a good citizen, as my record is the result of just being around the wrong people. I rarely drink, I don't smoke, I don't do any kinds of drugs, and my sentence for my record was extremely minimal because I had support from people who actually know who I am. I know there are ways to get the record removed in the future, but that is the far future. I am just surprised my girlfriend wants to stay with me despite my troubles, but I know she understands as her major is related to law.

As far as I know, Japan's average age is increasing and their work force is diminishing. Do you think they will ease up on their immigration laws any time in the future? I highly respect that Japan has a very low crime rate, and a high standard of living, so it is logical for them to blame immigrants for new issues in their country, but would it even work for them to go tell all the married couples in Japan to go make babies?

 

[Study]

I have looked up the relevant section of the law regarding this:

第二節 外国人の上陸

（上陸の拒否）
第五条 次の各号のいずれかに該当する外国人は、本邦に上陸することができない。

(省略)

四 日本国又は日本国以外の国の法令に違反して、一年以上の懲役若しくは禁錮又はこれらに相当する刑に処せられたことのある者。ただし、政治犯罪により刑に処せられた者は、この限りでない。

Essentially, if you've got a felony on your record, you are barred from entry. The wording is clear and unambiguous. However, it still may be worth your while to attempt working something out. You would have to consult with an immigration attorney in Japan to see what your chances are.

If you get married, make sure you are both clear that it may mean you will never live in Japan together. Even if something does work out down the line, go into it assuming it won't. Certainly don't get married assuming that step will cause Immigration to cut you some slack. There is no reason to think they will and there is nothing in the statute to allow them that sort of discretion anyway. (EDIT: Even if you had a clean record and were living here married, committing what amounts to a felony in Japan would...after your sentence...see you deported and barred from reentry, so there really is very little reason to think getting married would cause them to overlook your record).

I don't intend on committing crimes in the future anywhere. Despite my records, I would consider myself a good citizen, as my record is the result of just being around the wrong people. I rarely drink, I don't smoke, I don't do any kinds of drugs, and my sentence for my record was extremely minimal because I had support from people who actually know who I am. I know there are ways to get the record removed in the future, but that is the far future. I am just surprised my girlfriend wants to stay with me despite my troubles, but I know she understands as her major is related to law.

As far as I know, Japan's average age is increasing and their work force is diminishing. Do you think they will ease up on their immigration laws any time in the future? I highly respect that Japan has a very low crime rate, and a high standard of living, so it is logical for them to blame immigrants for new issues in their country, but would it even work for them to go tell all the married couples in Japan to go make babies?

 

[Mike Cash]

There is talk of easing up, but don't hold your breath on the restriction against felons being removed. You're going to have to consult with a Japanese immigration attorney to see if there is any chance in your own personal case.

 

[Study]

There is talk of easing up, but don't hold your breath on the restriction against felons being removed. You're going to have to consult with a Japanese immigration attorney to see if there is any chance in your own personal case.

Sounds good. I know that I can probably get it vacated, and probably expunged after a period of time. Would Japan care if there was a vacated or expunged crime on a person's record? As far as I know, a vacation is basically that the record is no longer accessible to the public, and the guilty plea is turned over, but data of the case remains. An engagement is basically a removal of the record. Also, my record was not drug or violence related. If I want to Japan, and explained what the details of my case were (which aren't very numerous), would the use discretion or simply go by the book?

 

[Mike Cash]

I can only tell you that the law makes no exceptions for the nature of the felony and provides no room for discretion. That doesn't mean there doesn't exist elsewhere some provision for a waiver of some sort. You can ask well-meaning strangers on the internet until some chucklehead blows sunshine up your skirt with what you want to hear, but there's no getting around the fact that at some point you're going to have to consult with a Japanese attorney specializing in immigration.

I have no idea to what degree it may be a long shot in your case, but if all your convictions are state you might want to look into petitioning for a pardon. Can't hurt to try.