I'm planning to apply for Portugal’s golden visa. My only concern is with my arrest record info on FBI background checks. Back in 2016, small claims insurance (felony) case was filed and dismissed with no conviction and as a matter of right and fact, judge ordered to seal my arrest record and the California state record is completely erased. But the FBI background check report still shows my arrest record with charges and they added the court verdict as "arrest relief granted." I am worried whether this will impact my golden visa application? Should I show the state record instead of the FBI one?
That kind of record in the FBI's background only means that you were suspected of having committed the crime, but not convicted. However, we would have to analyze both documents and know the crime in question to understand whether or not it is punishable in Portugal and what the penalty is here, which is what matters for the visa application.
One can only apply for a residence permit in Portugal if, in their country of origin, they are not convicted of a crime which in Portugal’s legal framework would have a one-year minimum imprisonment sentence. If this criterion is not met, the application for a temporary residence permit will most likely be refused by the Portuguese authorities. Insurance felonies are crimes that, in Portugal’s current legal framework, are punishable with an imprisonment sentence of up to 3 (three) years. Should the crime be already time-barred (a 5-year period has passed in the meantime), it shouldn’t jeopardize your application. However, we would advise you to check this information with your local authorities, consulate or embassy, and request for the removal of any criminal information from your record due to the possibility of your home country’s authorities communicating this fact. As such, if your criminal record has no registered convictions inscribed in it, it is likely that your application for a temporary residence permit in Portugal shouldn’t face any issues related to this matter. Also, when analyzing a residence permit application, Portugal’s authorities only accept the FBI’s report, not your home state’s criminal record. Therefore, this should be the document to present when applying for the Golden Visa program.
For the Golden Visa application as a USA citizen and resident, submitting the FBI background check with the Hague Apostille and translation to Portuguese will be mandatory. You cannot replace it with the state record. However, your application won't be harmed if the equivalent penalty in Portugal for the committed felony would be less than 1 year in prison.
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