Is the "police clearance letter" required for the 12-month extensions of O visas for retirement?

[PadPrikKhing]

This post is about my most crucial issue, one that could make or break my long-term stay in Thailand. As some of you know from my other thread, I'm pursuing a retirement plan that goes: Visa-exempt entry>Non-immigrant O>12-month Extension of Stay>12-month Extension of Stay>12-month Extension of Stay>etc. (I'm from the US.)

 

However, one thing that isn't clear to me is whether the criminal background check/"police clearance letter" is demanded for those extensions as it is with an O-A application.

 

The thing is, I do have a 27-year-old misdemeanor conviction on my record, but I have a law firm right now in the process of getting it expunged for me. By the time I would be applying for my first extension of stay in late December/early January 2022, it will have been successfully expunged. The "crime" involved was not any kind of "moral turpitude" crime, nor was I incarcerated for it (I did community service). There was no victim. It was 27 years ago and I haven't been in any trouble since then.

 

If they were to require the police clearance letter for the first extension, would they deny me the extension of stay based on that item? (There are actually two misdemeanors on my record related to the same incident, but one was dismissed by the court at the time in 1994 and has always shown as dismissed on my record.) The reason I'm worried is that the official verbiage (for an O-A, which I'm not going to be applying for) says I would need a "Letter of verification stating that the applicant has no criminal record." I can't say I technically have NO criminal record, but the two charges will both be expunged and by September will both show on the background report as "DISMISSED IN THE INTERESTS OF JUSTICE." Technically (at least in US law) that is legally the same status as having no criminal record at all, but I don't know whether the Thais will properly interpret it that way.

 

Am I worrying for nothing because the police letter isn't even required with extensions? If the answer is yes, then that will be my last potential hurdle and I'll be ecstatic. Thanks

 

 

[KarenBravo]

No police clearance letter is asked for when applying for extension of stay.

[PadPrikKhing]

WOO HOO!!! ???? ????

 

So then I'm correct in my understanding that with this given route, the demand for the background check will simply never even come up?

 

The funny thing is that I paid the law firm $500 to do this when I thought I was going to be using the O-A route, and now I see I didn't even really need to. Still, it's not a bad thing because I will be able to legally say "NO" to anyone or any form (at least in the US) that asks "Have you ever been convicted of a crime?" or "Have you ever been arrested?"

 

Thank you KarenBravo!

[KarenBravo]

41 minutes ago, PadPrikKhing said:

WOO HOO!!! ???? ????

 

So then I'm correct in my understanding that with this given route, the demand for the background check will simply never even come up?

 

The funny thing is that I paid the law firm $500 to do this when I thought I was going to be using the O-A route, and now I see I didn't even really need to. Still, it's not a bad thing because I will be able to legally say "NO" to anyone or any form (at least in the US) that asks "Have you ever been convicted of a crime?" or "Have you ever been arrested?"

 

Thank you KarenBravo!

 

Yes, that is correct.

My pleasure.

 

Just wait for Ubon Joe to remark on this to make it "official".

[CANSIAM]

You can request a Government Pardon and when granted it makes any criminal conviction 'invisible' on record checks.... and you can answer 'NO' to any questions asked - arrested ? convicted ?........ O-A extensions do not need a CR check, the CR check is needed for applying for an O-A in your home country. 

Edited June 25, 2021 by CANSIAM

[PadPrikKhing]

37 minutes ago, CANSIAM said:

You can request a Government Pardon and when granted it makes any criminal conviction 'invisible' on record checks.... and you can answer 'NO' to any questions asked - arrested ? convicted ?........ O-A extensions do not need a CR check, the CR check is needed for applying for an O-A in your home country. 

 

Not sure if you're from the US too, but it sounds like you're simply describing expungement—or are you talking about a literal pardon, like from the state governor? It's hard to imagine a gubernatorial pardon for a mere misdemeanor.

 

With expungement—which I'm already in the process of doing—the charges actually don't become invisible, I was dismayed to learn. The California DOJ as well as  the law firm I'm using both confirmed this. The charge still shows up on a criminal search, and the expungement simply adds a notation on the report that the charge is "dismissed in the interests of justice." My concern, when I was thinking I was going to have to show something to the Thais, was that the Thais might not know they're supposed to disregard any dismissed/expunged charges as if they were invisible or don't exist.

 

Worse still, California DOJ told me that when they are requested to issue a letter of the type the Thais want, that letter won't even mention the dismissed status (!!) of the charge/charges and it would be up to the recipient to know to look at the report printout to see that the charge is of a dismissed status. There again, I was worried that the Thais might only glance at the letter, see that it mentions that the history does have charges, and deny me without any deeper look.

 

Regarding your comment about being able to legally answer NO to any queries about arrests or convictions, this is definitely true with expungements and is their main feature.

[BritManToo]

10 minutes ago, PadPrikKhing said:

Regarding your comment about being able to legally answer NO to any queries about arrests or convictions, this is definitely true with expungements and is their main feature.

Just lie ........ it's what criminals do!

[ubonjoe]

2 hours ago, PadPrikKhing said:

So then I'm correct in my understanding that with this given route, the demand for the background check will simply never even come up?

That is correct.

It is only required when applying for a OA or OX visa at a Thai embassy or official consulate.

[CANSIAM]

Yes my experience was a Pardon in Canada, not the same I guess. I would be concerned as well if a letter did not have 'dismissed status' at the least especially local authorities looking at it and not carefully looking through it. Wont be asked for police checks on extensions anyway

Edited June 26, 2021 by CANSIAM

[PadPrikKhing]

9 minutes ago, ubonjoe said:

That is correct.

It is only required when applying for a OA or OX visa at a Thai embassy or official consulate.

 

Thanks Joe. If I'd only realized this a few weeks ago, I would have saved myself some stress. I can also see why it's sort of to the Thais' tactical advantage that they don't make this 100% clear—that psychological factor is probably enough to make a lot of people with very minor non-felony records think that they might as well not even try. (Though of course they also lose all the tourist income from those who decide not to try.)

Edited June 26, 2021 by PadPrikKhing

[PadPrikKhing]

ubonjoe, you can lock this thread if you want. I definitely have my answer!