What to Write in the Criminal Record Section for Permanent Residence and the Risks of Concealment#

When applying for Permanent Residence (PR) in Japan, one of the most anxiety-inducing sections of the application form for many applicants is the section regarding “Criminal Records” (often referred to as Shoubatsu or questions regarding criminal history). Applicants who have past traffic violations or minor legal infractions often find themselves in a dilemma: should they honestly declare these incidents, or is it safer to remain silent in the hopes that the immigration authorities will not find out?

The conclusion, however, is unequivocal: in the context of immigration examinations, “concealment” leads to fatal consequences. As an objective commentator on the Japanese immigration system, I will explain the correct way to complete the criminal record section, the scope of what must be declared, and the significant risks involved in attempting to hide unfavorable facts.

The “Good Conduct” Requirement and the Definition of Criminal Records#

The guidelines for Permanent Residence permission stipulate a requirement for “Good Conduct” (Soko-yuryo). This requirement demands that the applicant observes the law and leads a daily life that does not invite social criticism as a resident of Japan. The questions regarding criminal records on the application form serve as a crucial self-declaration mechanism to verify this requirement.

The term “punishment” or “penalty” in this context is broad. It encompasses not only violations of the Penal Code but also administrative and criminal penalties under other laws, such as the Road Traffic Act. Specifically, the following categories must be considered:

1. Imprisonment (with or without labor): This includes sentences where the execution was suspended (probationary sentences).
2. Fines (Bakkin) and Minor Fines (Karyo): This includes fines imposed through summary indictment procedures.
3. Traffic Violations: This ranges from minor administrative fines (Blue Tickets) to criminal fines (Red Tickets).

How Much Detail is Required for Traffic Violations?#

Traffic violations are often the most confusing area for applicants. The general principle is that if a violation exists, a stance of accurate declaration is required, regardless of the severity of the offense.

Minor Violations (Blue Tickets)#

Minor infractions such as parking violations, minor speeding, or failing to stop at a stop sign, which are settled by paying a “traffic infraction notification fee” (Blue Ticket), do not constitute a “criminal record” (zenka) in the strict legal sense. However, during the Permanent Residence examination, the Immigration Services Agency reviews traffic violation history over the past several years.

While one or two minor violations over a few years generally do not result in immediate denial, a high frequency of violations can lead to a judgment that the applicant has “low law-abiding awareness.” Even if the application form does not provide a large space to detail every parking ticket, it is considered a sincere and strategic approach to voluntarily disclose the history of violations in a separate statement of reasons and express reflection on one’s driving habits.

Serious Violations (Red Tickets)#

If an applicant has committed serious offenses such as excessive speeding (generally 30km/h or more over the limit), drunk driving, or driving without a license, and has received a criminal fine (Red Ticket) or a heavier penalty, this constitutes a formal criminal record. These must be declared on the application without exception.

Declaring Past Criminal History#

If you have been involved in incidents such as shoplifting, assault, or public indecency, you must be transparent about the history if asked, even if the case concluded with a “suspension of prosecution” (Kiso-yuyo) or was dismissed as a minor offense (Bizai-shobun) without an arrest.

The timing is also critical. If you have received a fine or a suspended sentence, there are statutory periods defined by law before the sentence is considered “extinguished” (e.g., 5 years after payment of a fine, or after the probationary period ends). Applying for Permanent Residence before these periods have elapsed makes approval extremely difficult. However, attempting to hide the record because the period has not yet passed will drastically worsen the situation.

The Mechanism of Discovery and the Risk of “False Application”#

Thinking “it happened a long time ago, so they won’t know” or “it was a minor offense, so it doesn’t matter” and checking “None” in the criminal record section is a grave mistake that must be avoided.

The Immigration Services Agency possesses the authority to inquire with the National Police Agency and other relevant organizations regarding the applicant’s background during the examination process. This means that immigration examiners are in a position to access all records of criminal history and traffic violations within Japan, regardless of whether the applicant discloses them.

If an applicant makes a declaration that differs from the facts (including omission of facts), this is deemed a “false application” (Kyogi-shinsei). Even if the content of the violation itself was not serious enough to warrant denial of Permanent Residence, the act of “attempting to deceive the immigration authorities” is evaluated as a decisive negative factor against the Good Conduct requirement.

A denial based on a false application has long-lasting repercussions. It does not merely result in the failure of the current application; a record of being “an applicant who lied in the past” will remain in the immigration database. Restoring trust for future applications will take many years. in the worst-case scenario, if the concealment is deemed malicious, it could even constitute grounds for revoking the applicant’s current visa status.

Correct Approach and Mindset#

If you have past offenses, the following steps are recommended:

1. State the Facts Accurately: Provide the date, nature of the violation, and the result of the penalty without concealment. If your memory is vague, it is advisable to obtain a “Driving Record Certificate” (Unten Kiroku Shomeisho) from the Japan Safe Driving Center to verify the exact information before applying.
2. Submit a Letter of Apology/Reflection: Do not simply list the facts. Attach a document explaining that you deeply reflect on the conduct and have since improved your behavior (e.g., stating that you have had no accidents or violations for X years since the incident).
3. Assess the Timing of Application: If there are serious violations, consider postponing the application. It may be necessary to wait for a certain period to build a track record of good conduct before applying, rather than applying immediately after a violation.

Conclusion#

The criminal record section of the Permanent Residence application can be seen as a test of integrity. While past mistakes cannot be erased, the act of attempting to conceal them in the present is considered a graver offense in the eyes of the examiner.

Even if the facts are disadvantageous, honestly declaring them and demonstrating a sincere attitude of reflection and rehabilitation is the only path to obtaining Permanent Residence. Understanding the mechanisms of the system and submitting an honest application is the most prudent course of action.