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Work visa/entry into Japan with DUI diversion on record

johnq1987

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3 May 2015
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I have been offered a job in Japan as an English teacher and am applying for a work visa. Five years ago I was arrested for driving under the influence of marijuana. I was not convicted and I served no prison time, but I completed a diversion program (which means I had to pay some fines and attend some classes, etc). The arrest/diversion shows up on my FBI background check, but I don't think it shows up on my local police background - unless I were to be arrested again for a similar offense, in which case it would reappear, or so I am told.

My question is, does this count as having a "criminal record" for the purposes of a work visa application?

If I were to answer "No" to the question regarding the presence or absence of a criminal history, would this be answering untruthfully? Would the Japanese immigration bureau have any way of verifying this?

If I were to answer "Yes," would this prevent me from obtaining a visa?

From what I've gathered from googling around, the Japanese government does not have access to FBI records, which is why organizations like the JET Program require applicants to request obtain a background check themselves and submit it to the JET Program. The job I have been offered is not part of the JET Program, and no background check has been requested.

Within the past few years, however, the US and Japan have signed an agreement allowing for the sharing of fingerprint data, and I know that Japan fingerprints all people entering Japan, but it seems that the fingerprint data is only made available if there is reason to believe that I would commit certain "serious crimes" listed in the agreement, which do not include misdemeanor DUI and are limited to crimes that could be punished by three years or more of incarceration.

I don't want to lie or deceive the Japanese authorities, but I don't want to tell them more than I need to. Does anyone have any advice? Should I contact my local Japanese consulate and ask them about this, or would even doing so jeopardize my chances of getting a visa?
 
The specific law which applies clearly states that the disqualifying cutoff is a conviction of a crime which is punishable by more than one year in prison. Whether time was actually served or not is irrelevant; what matters is whether you have been convicted of a felony or not.
 
Thanks for your reply. I'm wondering, though, would I be lying to the Japanese authorities if I were to put "No" as a response to whether or not I have a "Criminal record"?

In Japanese, the form states it as: 犯罪を理由とする処分を受けたことの有無

My Japanese isn't very good, and I'm having trouble figuring out exactly what 処分 means. It's asking whether or not I've received a criminal "disposition"? Another definition that shows up for 処分 is "punishment"...

In any case, I wasn't convicted and it wasn't a felony, but I don't want to get in trouble for misrepresenting my background.
 
You have no conviction for a felony. If I were in your position, I would with a clear conscience answer that I had no criminal record.

You're not going to use marijuana here too, are you?

ImageUploadedByTapatalk1430620843.939017.jpg
 
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I'm definitely not going to use marijuana in Japan. I haven't used it in years, and even if I were a current user, there is no way I would risk doing that in Japan. I know they take it very seriously.

Thanks for your advice.
 
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