New: Criminal background check consent for extension of stay

[MJCM]

Did My Last Extension based on being married and working here in Phuket last month.

Had to sign the acknowledgement of penalties for over stay from and another form which stated that I had not been previously convicted of any criminal offence in Thailand and that I was not currently subject to any criminal charges.

This is not the same as consenting to a background criminal record check and is within the current scope of the Thai Immigration laws as regards extensions of permission to stay.

That makes sense, thanks for this.

[OJAS]

Baby shot in the head,

granny with a drugs conviction shot in both hands and both legs,

and they are worried about vacationing people applying for visa extentions legally.

Clean up your own house before waving the red flag at all others.

How can you be certain that the baby shooter and granny weren't foreigners?

[sustento]

In the UK they have no authority to make criminal record checks except in very specific circumstances. You can't just do a criminal record check on anybody you please.

When I first applied for a B visa in the UK about eight years ago. I had to get a criminal record check myself from the police, and it took 40 days before I got it, all clear of course.

Yes but YOU had to apply for it. Thai immigration can't apply for it on their own. We have sensible data protection laws in the UK.

[sustento]

In the UK they have no authority to make criminal record checks except in very specific circumstances. You can't just do a criminal record check on anybody you please.

This a new one on me. Are you really suggesting that individual police officers need to obtain explicit permission from senior officers or even the courts before they can routinely access their own computerised rogues' gallery database?

No I'm not suggesting anything of the kind. Of course individual UK police officers can check criminal records.

I'm saying that those who aren't a part of the British justice system need specific well defined reasons to access the criminal records of those they are interested in. That would include immigration officers of foreign countries.

But clearly not officials at the Royal Thai Embassy in London, though! One of the requirements for applying for an OA visa there is the provision of a Subject Access Disclosure (a criminal record check in plain English) obtained from your local police force. I can vouch for this on the basis of personal experience!!

Which you applied for yourself yes? Let me repeat - officials at the Royal Thai Embassy cannot apply for criminal record checks on British citizens. They can only ask those citizens to apply for one.

[happydude303]

What sort of criminal offences are they looking for, I expect most of us have a few mr meaners in are younger days like, fighting, and so on.. Are they just looking for excuse to kick people out even of the remarried to a Thai and with Thai kids...?

[watso63]

It's a legal minefield (not easy to access a UK citizens records), but unless you have a 4 year custodial sentence and/or for certain other serious offences then the majority of offences will not show up on a basic criminal records check because the conviction becomes spent (variable on length of coviction up to 4 years) and the offender is considered rehabilitated, even though all cautions and convictions are held on the police database until you are 100 years old in the UK. Read and weep or sigh with relief:

Getting a UK passport at the moment is hard enough...!

https://www.gov.uk/government/publications/new-guidance-on-the-rehabilitation-of-offenders-act-1974

Edited September 11, 2014 by watso63

[apiwan]

I'm extended crb checked every 3 years.

But when you apply for it you need to put what organisation is asking for it.

You can only get basic crb for yourself.

And in UK it's now dbs.

https://www.gov.uk/disclosure-barring-service-check/overview

So if the Thai embassy was to introduce this. ( not sure if they can)

One copy goes to them.

Like the previous poster we've all done silly things when we were young

The probably only looking for murderers rapists paedophiles.

Most convictions apart from the former 3 are spent after 6 years however on an extended criminal records check they will always be there

[Jip66]

I have just been granted an extension based on marriage. I had some minor brushes with the law along time ago for silly things in the UK as an adolescent . Makes me worry a little for the next extension if this is correct, however, I'm in the north, and only 1 month ago did the extension and there was no such questions about any criminal checks..

I wonder what the implications will be, if any.....(depending on the crime and when the crime was committed)

It used to be the case in the UK that if you had any minor offenses, the slate was made clean after four years. It may still be the case.

Don't think it ever was in the first place. Google "expunged records UK".

http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_Act

[craigp]

I'm extended crb checked every 3 years.

But when you apply for it you need to put what organisation is asking for it.

You can only get basic crb for yourself.

And in UK it's now dbs.

https://www.gov.uk/disclosure-barring-service-check/overview

So if the Thai embassy was to introduce this. ( not sure if they can)

One copy goes to them.

Like the previous poster we've all done silly things when we were young

The probably only looking for murderers rapists paedophiles.

Most convictions apart from the former 3 are spent after 6 years however on an extended criminal records check they will always be there

What about minor drug offences. Such as possession of weed. Mean's nothing in the UK, but we all know the Thai laws regarding any kind of drug possession.

[watso63]

Aliens, foreigners, non Thais get convicted and sentenced for many different crimes inside Thailand and are not always punished with a custodial sentence or deported, so what are the official guidelines here?

[paz]

Aliens, foreigners, non Thais get convicted and sentenced for many different crimes inside Thailand and are not always punished with a custodial sentence or deported, so what are the official guidelines here?

Sorry, how do you know that?

[jcnbkk]

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Did My Last Extension based on being married and working here in Phuket last month.

Had to sign the acknowledgement of penalties for over stay from and another form which stated that I had not been previously convicted of any criminal offence in Thailand and that I was not currently subject to any criminal charges.

This is not the same as consenting to a background criminal record check and is within the current scope of the Thai Immigration laws as regards extensions of permission to stay.

That makes sense, thanks for this.

Makes more sense to me too. But original post still has me confused. I'm waiting to see if any else comes on saying the same.

[balo]

It's a good idea , but will they really check the criminal records for a million of expats outside of Thailand? I don't think so.

[Wat dee]

I will happily sign such a form. I suspect the beach-bum pothead scumbags might run for Cambodia .... Good riddance!

Yes,beach-bum potheads are the ones we really have to worry about!

[54321]

he/she wasnt talking about the british police he was talking about thai immigration or infact any other individual/organisation outside of the British police

In the UK they have no authority to make criminal record checks except in very specific circumstances. You can't just do a criminal record check on anybody you please.

This a new one on me. Are you really suggesting that individual police officers need to obtain explicit permission from senior officers or even the courts before they can routinely access their own computerised rogues' gallery database?

[Richard W]

In the UK they have no authority to make criminal record checks except in very specific circumstances. You can't just do a criminal record check on anybody you please.

A criminal record check is a standard part of the process for replacing a biometric residence permit. I expect it is also part of the process of handling applications for extensions of leave to remain and for naturalisation.

[bkkjames]

So are they doing these checks on the millions of migrant workers coming over the border? lol

[Strangebrew]

Well I had FBI background check but if any others try do do it they would need to have a security clearance to do so. Because of work I did with the government. But if done it would show nothing to them.

[MrWorldwide]

It's a good idea , but will they really check the criminal records for a million of expats outside of Thailand? I don't think so.

It's just another hoop to jump through, but I thought it was one of the questions on the Arrivals card ? I guess ticking a box is different to visibly hesitating when presented with the form at Immigration.

[sustento]

In the UK they have no authority to make criminal record checks except in very specific circumstances. You can't just do a criminal record check on anybody you please.

A criminal record check is a standard part of the process for replacing a biometric residence permit. I expect it is also part of the process of handling applications for extensions of leave to remain and for naturalisation.

And are Thai immigration in Samui entitled to initiate these criminal record checks?

[WhamBam]

In the UK they have no authority to make criminal record checks except in very specific circumstances. You can't just do a criminal record check on anybody you please.

.

In the UK a foreign government can't request a persons criminal record even with a signed consent form?

Look here for the procedure for the UK

https://www.gov.uk/disclosure-barring-service-check/overview

also from a gov website on checks :-

You must complete the form yourself as it is your data (unless a child). In order to complete the form you need to provide two forms of identification, one with your name and date of birth and preferably a photograph (passport or driving licence) and the other with your current address or the address you lived at whilst in the UK (a recent utility bill or bank statement). Photocopies are accepted by some forces but not all (check prior to sending) and they must be of a good quality. If there is any suspicion of forgery then the check will not be carried out and the form will be posted back to you.

The form can be sent to your address abroad and it does not cost extra. It is advisable but not obligatory to send the form to the police force whose area you resided in in the UK.

I cannot see Thai Immigration getting the information to be honest.

Edited September 11, 2014 by WhamBam

[Showbags]

Thailand will be empty by xmas......luckily visit visas will not require, so I ok.

oh...and not all potheads are beach bums.....I prefer the forests

[watso63]

Aliens, foreigners, non Thais get convicted and sentenced for many different crimes inside Thailand and are not always punished with a custodial sentence or deported, so what are the official guidelines here?

Sorry, how do you know that?

Overstaying a visa & drink driving (2 common offences here) would get you a criminal record in the UK as would many low level crimes payable with a fine or a caution.

Many cases of people being found guilty of overstay, but not deported. Pay the fine, then you've done the time therefore that suggests to me that every crime is not punishable by deportation. I was actually asking if anyone knew for sure what the official guidelines are ie has anyone out of the vast number of foreigners here managed to get a job for example with a declared criminal record?

Edited September 12, 2014 by watso63

[meatboy]

Interesting and not surprising either.

If this is the new policy, at least it is much more REASONABLE than demanding that we supply our own police reports from home countries after we have lived HERE for several years!

Personally, I have no problem signing that form.

Some people will.

But you can't blame Thai officials for wanting to screen people this way. That seems normal for any country.

OP ... WHICH office was this?

It will be interesting to see whether this is a glitch or the beginning of a new national policy.

i can save them time as i have the original check from the uk.when i moved here,never been out of the country since.

but knowing how they like [sometimes to give us grief they might say its out of date.

[KittenKong]

Thailand is crawling with farang lowlifes and crooks (many of whom used to live in Spain until the Spanish made things hard for them). Anything that encourages them to go and live somewhere else is good news as far as I'm concerned.

[gyrosman]

There're asking but if your here I would write no warrants and then they would have to figure it out. I had DUI'S many years (over 10 years ago), these are misdemendors not FELONIES!

Your police record will only show criminal records that are active within 5 years because you are on probation which means your not suppose to be here anyway. But unless a judge is looking at your records a police record would show only current probllems much like when a renter has a police check to rent an apartment. In the USA it would state no warrants at this time. But, remember if its a FELONY that's different. Good Luck.

[jacko45k]

It is about time they started checking, but should be done before they first the original visa. They will need a lot of luck checking in some of the worst countries that have criminals entering LOS, Nigeria, Kenya, Pakistan come to mind.

So let me get this straight. If you have a criminal background, you are only allowed to live here 6 years?

[dBrown]

It's a good idea , but will they really check the criminal records for a million of expats outside of Thailand? I don't think so.

I think the document is just a " look forward" in case they have suspicions of criminal activities in Thailand, and as Sustento says that in the UK they have no authority to do a criminal check, which is hereby bypassed since you have given your written consent.

[piersbeckett]

In the UK they have no authority to make criminal record checks except in very specific circumstances. You can't just do a criminal record check on anybody you please.

That's right and what about 'spent' convictions; possibly more likely than unspent ones in retirees' records - might be a 'human rights' issue if such revelations resulted in convictions.

Edited September 12, 2014 by piersbeckett

[Mario2008]

Many coutries restrict the entry of foreigners into their country. One of the restrictions commonly used is that one has not been convicted of any (serious) crime.

You can for example forget of legally entering the US with a conviction regarding drugs, even if it was 20 years ago.

That is not a human rights violation.