# Define "clean criminal record"

**URL:** <https://community.nomadgate.com/t/define-clean-criminal-record/56416>\
**Category:** Portugal Golden Visa\
**Tags:** golden-visa, question\
**Created:** [March 5, 2023, 1:43pm UTC](https://community.nomadgate.com/t/define-clean-criminal-record/56416 "2023-03-05T13:43:29Z")\
**Posts on this page:** 8\
**Page:** 1

<div class="post-metadata">

**Author:** ![SienaPlace](https://community.nomadgate.com/letter_avatar_proxy/v4/letter/s/3bc359/32.png) [@SienaPlace](https://community.nomadgate.com/u/SienaPlace)\
**Post date:** [March 5, 2023, 1:43pm UTC](https://community.nomadgate.com/t/define-clean-criminal-record/56416/1 "2023-03-05T13:43:29Z")

</div>

Both my partner and I have never been convicted of anything. THIRTY YEARS AGO-she was (wrongfully) arrested and charged with shoplifting something “under $300” and the case was dismissed by the state three months later.  
I have a somewhat similar situation, charged with marijuana possession but it was dismissed (thanks to someone else having it in a car) but plead guilty to having beer and being under 21. SO there is a “guilty” on the FBI report (for the beer) but then the other is “Dismissed” This was also over thirty years ago! I’ve read if you would not have done a year or more of jail time in Portugal, it won’t be an issue but without knowing what a “clean” record means to immigration…thoughts?

---

<div class="post-metadata">

**Author:** ![ohbee](https://community.nomadgate.com/letter_avatar_proxy/v4/letter/o/977dab/32.png) [@ohbee](https://community.nomadgate.com/u/ohbee)\
**Post date:** [March 5, 2023, 6:53pm UTC](https://community.nomadgate.com/t/define-clean-criminal-record/56416/2 "2023-03-05T18:53:38Z")

</div>

Canadian immigration held us at the USA-Canada border as we entered Canada via our motorcycles, because one member of our party was arrested 30 years ago. I was surprised by that.

---

<div class="post-metadata">

**Author:** ![PCERoman](https://community.nomadgate.com/letter_avatar_proxy/v4/letter/p/58956e/32.png) [@PCERoman](https://community.nomadgate.com/u/PCERoman)\
**Post date:** [March 11, 2023, 7:45am UTC](https://community.nomadgate.com/t/define-clean-criminal-record/56416/3 "2023-03-11T07:45:13Z")

</div>

@SienaPlace

According to my lawyer, if you had a conviction resulting in an imprisonment of three years or more, that would disqualify you from applying for the Golden Visa. My lawyer actually had former experience working with/in SEF, and so I would place enough credibility on her claim. If you would like, I can put you in touch with her so that you can discuss your particular situation.

---

<div class="post-metadata">

**Author:** ![SienaPlace](https://community.nomadgate.com/letter_avatar_proxy/v4/letter/s/3bc359/32.png) [@SienaPlace](https://community.nomadgate.com/u/SienaPlace)\
**Post date:** [March 12, 2023, 6:24am UTC](https://community.nomadgate.com/t/define-clean-criminal-record/56416/4 "2023-03-12T06:24:38Z")

</div>

Thank you!!

---

<div class="post-metadata">

**Author:** ![jimhock3](https://community.nomadgate.com/user_avatar/community.nomadgate.com/jimhock3/32/5377_2.png) [@jimhock3](https://community.nomadgate.com/u/jimhock3)\
**Post date:** [March 12, 2023, 8:07pm UTC](https://community.nomadgate.com/t/define-clean-criminal-record/56416/5 "2023-03-12T20:07:03Z")

</div>

My understanding is that if the conviction resulted in anything more than a year in jail that would disqualify you. My husband and I both had DUIs 20+ years ago and that didn’t impact our approval.

---

<div class="post-metadata">

**Author:** ![PCERoman](https://community.nomadgate.com/letter_avatar_proxy/v4/letter/p/58956e/32.png) [@PCERoman](https://community.nomadgate.com/u/PCERoman)\
**Post date:** [March 12, 2023, 9:33pm UTC](https://community.nomadgate.com/t/define-clean-criminal-record/56416/6 "2023-03-12T21:33:34Z")

</div>

That’s correct. Per Lei n.º 23/2007, Artigo 77.º “_Condições gerais de concessão de autorização de residência temporária_”:

_1 - Sem prejuízo das condições especiais aplicáveis, para a concessão da autorização de residência deve o requerente satisfazer os seguintes requisitos cumulativos:_

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

DUI is probably a sufficiently minor offence to warrant imprisonment of more than one year.

---

<div class="post-metadata">

**Author:** ![momo](https://community.nomadgate.com/letter_avatar_proxy/v4/letter/m/f4b2a3/32.png) [@momo](https://community.nomadgate.com/u/momo)\
**Post date:** [April 6, 2023, 7:51pm UTC](https://community.nomadgate.com/t/define-clean-criminal-record/56416/7 "2023-04-06T19:51:46Z")

</div>

Anybody have experience getting pre-approval if you were arrested for something, but the charges were dropped and you were never convicted?

---

<div class="post-metadata">

**Author:** ![yoacutie](https://community.nomadgate.com/letter_avatar_proxy/v4/letter/y/e0b2c6/32.png) [@yoacutie](https://community.nomadgate.com/u/yoacutie)\
**Post date:** [August 13, 2024, 11:09pm UTC](https://community.nomadgate.com/t/define-clean-criminal-record/56416/8 "2024-08-13T23:09:45Z")

</div>

Could you please introduce your lawyer to me? Thank you!
