Understanding the Good Conduct Requirement for Japan Immigration After a Criminal Record#

When applying for Permanent Residence (Eijuken) or Naturalization (Kika) in Japan, one of the most critical criteria is “being of good conduct” (素行善良要件, sokou zenryou youken). For foreign residents who have a history of traffic violations or other criminal offenses in Japan, a common concern is whether they can meet this requirement and how long it takes to “recover” from such a record.

This article provides an objective explanation of the relationship between a criminal record and the good conduct requirement in Japan’s immigration system, along with practical guidelines for the unofficial “recovery period.” It is crucial to understand that the timeframes mentioned here are not legally defined but are general estimates based on common practice. The final decision is always made after a comprehensive review of individual circumstances.

What is the Good Conduct Requirement?#

The good conduct requirement mandates that an applicant abides by Japanese law and lives a life that would not be subject to social criticism as a member of the community.

Permanent Residence (Immigration Control and Refugee Recognition Act, Article 22, Paragraph 2): This law explicitly states that one of the conditions for permission is that “the person is of good conduct.”
Naturalization (Nationality Act, Article 5, Paragraph 1, Item 3): Similarly, “to be of good conduct” is listed as a requirement for naturalization.

Specifically, an applicant’s criminal history, fulfillment of tax obligations, and general behavior in society are examined. Compliance with Japanese law is scrutinized heavily, making any criminal record a significant factor in the screening process.

The Impact of a Criminal Record on an Application#

A “criminal record” (犯罪歴, hanzai-reki) in this context refers to a history of being sentenced to penalties such as imprisonment, imprisonment without labor, or a fine. Even a minor offense, if it results in a formal fine (罰金, bakkin), is treated as a criminal record.

Imprisonment (Actual Sentence): This has the most severe impact. Gaining approval is extremely difficult until a substantial amount of time (generally 10 years or more) has passed since the completion of the sentence.
Imprisonment with a Suspended Sentence: Even after the suspension period ends, an applicant is not immediately considered to be of good conduct. It is necessary to demonstrate a law-abiding life for a further period after the suspension is completed.
Fines (Bakkin): Being sentenced to a fine for offenses like serious traffic violations (e.g., speeding, DUI) or assault significantly affects the good conduct assessment. A certain period must pass after the fine has been fully paid.
Traffic Violations (with non-criminal penalty payments - “hansokukin”): Minor violations, such as parking infractions or slight speeding, that are settled by paying a “blue ticket” penalty (hansokukin), are distinct from criminal fines and do not create a formal criminal record. However, a high frequency of such violations (e.g., five or more in the last five years) can lead to a negative assessment, suggesting a disregard for the law.

Practical Guidelines for the “Recovery Period”#

While there are no official regulations, practical experience and past cases provide a general idea of the time required to recover from a criminal record in the eyes of immigration authorities.

After a Fine (Bakkin) Sentence: It is highly likely that an application will be denied for approximately 5 years after the fine has been fully paid. This period is seen as necessary to demonstrate remorse and a commitment to a law-abiding lifestyle.
After a Suspended Sentence: Following the completion of the suspended sentence period, applications tend to face strict scrutiny for approximately 5 to 10 years. The required duration depends on the severity and nature of the crime.
After an Actual Prison Sentence: Permission is considered extremely difficult to obtain unless the applicant has lived a trouble-free life in society for at least 10 years after being released from prison.

These periods are merely guidelines. The immigration review is holistic, considering not only the time elapsed but also the motive and details of the offense, the degree of remorse shown, any positive contributions to Japanese society (such as volunteer work), and the stability of the applicant’s life (e.g., stable income, tax payment history).

Conclusion#

Having a criminal record makes the review of the good conduct requirement for Permanent Residence or Naturalization applications in Japan exceptionally strict. There is no legally defined “recovery period,” and each case is judged comprehensively based on its unique circumstances.

The most important thing is to sincerely reflect on past mistakes, complete any sentences or pay any fines, and subsequently lead a law-abiding life as a responsible member of Japanese society for an extended period. Even with a past offense, demonstrating your adaptation and contribution to the community through your later actions is the path toward a positive evaluation.