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Residency with old criminal record

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CZJOHN
  10/15/2021 06:27 EST

Browsing around ExpatExchange, I see this topic has been discussed before but still rather gray in terms of definitive definition of criminal offense sufficient for denial of visa/residency.
Maybe someone with recent knowledge could shed some light?

In my youth, around 30 years ago, I had a rather turbulent three years that resulted in two DUI and one marijuana conviction. All clear and law abiding since that time..
Assuming that my coming FBI report even shows the offenses, would these have high probability of keeping me out of a D7?
The marijuana was around 100 grams and it seems that any offense with potential 1 year penalty in PT would be an issue. Of course, it's not kilograms but still maybe cause for concern.
Any info would be helpful and appreciated.

harsil
  10/15/2021 08:40 EST

You need to speak to a lawyer about stuff like this.

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RStevens180
  10/15/2021 09:18 EST

Do a "test run" on your FBI report to see what it actually does say. It's doubtful if it would be a problem, given the dates and the fact that Portugal decriminalized cannabis possession some time ago.

craigandmicki
  10/19/2021 06:34 EST

CZJOHN: A conviction for drugs on your FBI report is considered cause for denial. SEF's threshold is a conviction; on top of that, they are strict about drugs, guns, homicide and abuse/assault. A person in this same situation (conviction, shoplifting, sentenced 6 months) was denied and had her record expunged, and is reapplying for her visa now.

craigandmicki
  10/19/2021 06:37 EST

Not so...a conviction at any point exceeds SEF's threshold and is red-flagged. Drugs is one of the reasons for all out denial. This person's record is not likely to be accepted for a visa application.

CZJOHN
  10/19/2021 07:51 EST

Yes, shoplifting is illegal anywhere. But marijuana is now legal in both countries concerned (Portugal & the US state in which offense was commited).

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realspear
  10/19/2021 08:30 EST

Person is not legal in Portugal. It is decriminalized for small amounts. Also, it is not clear that Portugal would consider consequent legalization as a repudiation of conviction.

RStevens180
  10/19/2021 08:36 EST

Cannabis is not legal in Portugal = it has been decriminalized - there's a big difference. Maybe you could have your conviction expunged, if it was just for possession. Good luck.

tomonoak
  10/19/2021 08:59 EST

Also note that decriminalization means something different in Portugal than it does in the US. In the US it means the cops look the other way while something that is still technically illegal, but not prosecutable, is happening in front of their noses. In Portugal, it means that the cops confiscate your supply and have the option to send you before a three person multidisciplinary panel that will decide whether to send you to mandatory drug education or mandatory rehab. You just don't go to prison or get a criminal record.

I think that because of that word "decriminalize', a lot of people think that marijuana is legal in Portugal.

themoonhound
  10/20/2021 09:14 EST

Reading the rules for application, it appeared a head of household could apply to bring their family members, including spouse and children. The applicant would face the background scrutiny, but it was not clear whether other family members would as well. I'm sorry if I've read this in the application for non lucrative Spanish visa, or for Portugal-it's a blur-but this issue has had us on hold for awhile. Non violent drug activity from an old hippie wanting to retire abroad...

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Turn relocation stress into success with AnchorLess. From obtaining your NIF to a complete VISA support, we will be your guide through Portuguese administrative.
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