Old criminal history and D7

Hi Pudgy, Welcome.

SEF website:

https://sites.google.com/site/leximigra … temporaria

Laws Journal:

https://dre.pt/dre/legislacao-consolida … 1622400034

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g) Ausência de condenação por crime que em Portugal seja punível com pena privativa de liberdade de duração superior a um ano;

g) No criminal record that in Portugal is punishable by a penalty involving prison sentences of more than one year;

Best Regards

@Bradshawhal No it was in the US- Florida to be exact.

@JohnnyPT Is this ANY criminal history (going back forever?) Or do they consider rehabilitation at all? His record has been clean for 25 years, and it would be so unfair if something so old would be still held against him. I keep seeing/ hearing the 1 year jail rule, but no one seems able to address the length of time since they happened.

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This content was deleted because it was not in context with visa applicants.

Please see post #12.

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@JohnnyPT That is great news and exactly what I was looking for/hoping for!  Obrigado!

One follow up on this…

Had a minor incident more than 30 years ago.  had the record sealed 4 years ago, which in this case makes it as if it id did not happen.  it may/may not show up on a background check.

Would this be an issue?

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This content was deleted because it was not in context with visa applicants.

Please see post #12.

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@Pudgy Pug Hello, I just like to ask hows your D7 VISA goes? It get approved even of the criminal record? Just wanna know cz Im planning to apply and I have same situation. Its long time record and Im hoping it wont affect on my application.

FYI: 1. JohnnyPT's posts reference a credit agency in PT, not an attorney's site. That agency's site refers to PT laws on criminal histories only under the legal jurisdiction of PT. Portugal has no jurisdiction over how criminal histories are officially reported in any another country. Therefore, the various time limits under Portuguese laws for criminal histories to appear or disappear in PT government records (referenced in that credit agency's website), has no bearing on official criminal history reports of criminal activity committed under U.S. law and generated by U.S. authorities on the state or federal levels, such as FBI reports.

2. U.S. citizens applying for a Portuguese D7 visa must provide 2 documents in their application that concern criminal records: One is an authorization form that allows SEF in PT to obtain their criminal records from another country, such as the U.S. The second is the U.S. FBI report of criminal history, for the visa applicant that is on federal or state government records in the U.S.

The upshot is that PT officials will see a U.S. FBI report on the visa applicant's U.S. criminal record during the visa application process. They then apply the PT visa requirement to any criminal conviction(s) that appear on the U.S. FBI report. If any of those convictions would have the penalty of at least one year in prison, the applicant is disqualified from obtaining a D7 visa or any other visa that has the same criminal history requirement. Therefore, the conclusions reached by Johnny PT and the person to whose message he responded are in error.

It's precarious and possibly dangerous to rely upon legal analysis or advice given in chat rooms, especially by non-attorneys. As an experienced, licensed U.S. attorney, I highly suggest that anyone with legal questions regarding international visas, especially those that are not clearly answered by government websites, consult a licensed attorney who is experienced in the immigration laws of the country where you want to live. I took time to respond to these posts only because of not wanting someone to operate based a erroneous assumptions regarding visa requirements for PT, where I now live in retirement. (Please do not pose any questions on this topic to me, personally, as they will not be answered.) Nothing in this post is intended to provide legal advice to anyone, nor should it be so construed. It is simply a report of how the visa process for PT operates, according to what I read on PT government and embassy websites on visas. All the best...

@sempervaliant,

Thank you for your post and for correcting this.

1. This forum is not for legal advice. Neither those who ask pay for this service, nor those who answer, in this case me, are paid for this service. Pro-bono activity, not very common, I should say, in these days ...

2. The site I have referred to is reliable, which is why I chose in my previous posts. It's not from a credit agency, but even if it was it wouldn't be a problem if it was reliable. In a world of Fake News, I can still identify the right sources of information in Portugal.

But the information provided only fits the Portuguese context, i.e for nationals ONLY. The correct information for visa applicants was already given in post #3, but was wrong in posts #6 and #9, now deleted.

Reference is made to the law which is this one:

Lei n.º 37/2015, de 05 de Maio,  LEI DA IDENTIFICAÇÃO CRIMINAL

https://www.pgdlisboa.pt/leis/lei_mostr … p;nversao=

For visa applicants, please be aware of this:

SEF website:

https://imigrante.sef.pt/en/solicitar/residir/art77-1/

The granting of a residence permit shall entail:

- The absence of any fact which, if known to the competent authorities, would preclude the granting of the visa;

- Absence of conviction for a crime which in Portugal is punishable by a custodial sentence of more than one year;

- The applicant is not within a period of prohibition of entry into the national territory, following an expulsion measure from the country;

- No indication in the Schengen Information System;

- No indication in SEF's Integrated Information System for non-admission purposes, under article 33 of the Aliens Act.

Welcome and thank you.

Or....one could simply apply for the visa and see if there are any issues rather than be concerned about something that is out with your control.

If the history is going to be reported anyway, I'm not sure how taking upon the services of an attorney may assist in the outcome.

I just had my background check done and requested hard copies be mailed to me.  They also emailed me a PDF within an hour of completing and having my fingerprints sent.  My record shows a misdemeanor (contributing to the delinquency of a minor) from 50 years ago!  And a traffic violation (DUI) from 39 years ago.    You would think these things would eventually drop off your record.

I've already invested quite of bit into getting my D7 visa.  Do you think the background check is going to derail things?

I don't know if it will derail but generally criminal offenses (DUI Is a criminal offense) do not come off the record unless you request the record be sealed by the court.  You should probably consult with an attorney to have those records sealed or to work with you in any fallout you might experience trying to get your visa.  I am a former liquor licensing paralegal but not an attorney who can advise you.

@rspencerkeith

I guess I was hoping that due to the amount of time that has passed Portugal wouldn't count these offences against me. Guess, I'll find out at the interview.

@Jim,

One of the requirements is this one (post #12):

- Absence of conviction for a crime which in Portugal is punishable by a custodial sentence of more than one year;

You must take this into account. But since so many years have passed in your case...

@Jim Garrison Hi, Jim....did you apply for your visa with the FBI showing the misdemeanor?  Was it approved nonetheless?  Thanks.