Getting a Swiss Permit with a Criminal Record in the US

Hi,

I've just landed a job as a software engineer with IBM in Zurich and at the moment I'm in the process of applying for a swiss permit.

I'm a non-EU citizen (from Ukraine) and for the past 7 years I've been living and studying in Spain. About 9 years ago, when I was studying in the US, I was arrested for shoplifting and charged with a misdemeanour. This was a very stupid mistake when I was 20 years old and of which I almost forgot. Now, I hold a Phd in computer science and looking forward to starting my new job.

The application for the swiss permit asks to indicate if I have ever been arrested in any country. I know the swiss authorities request the Criminal Record for the countries I have lived in for the past 7 years. I can provide the certificate of clean history from Spain.

I'm tempted to indicate I've no previous criminal records. Does anyone know what kind of checks the swiss authorities may carry out? I'm afraid the criminal record may seriously damage my chances of getting the permit.

Thanks!

does it specifically mention 7 years?

For a misdemenour 9 years ago... Personally I'd not mention it!

Yeah, you are required to provide the certificate of criminal record from countries you've lived for the past 7 years.

For one thing, if you're about to be creative with the truth, I wouldn't post so much specific information on a public forum. It wouldn't be hard for the authorities (or your future employer, for that matter) to identify you from the information you posted.

Then just mention the last 7 years!

And therein lies you answer.

But you say the permit application asks if you’ve been arrested in any country - presumably without a time limit stated. If there’s not the 7 year limit mentioned on the application then you need to tell them about the US one.

If there's any chance of being caught, then you'd be very foolish to lie on an official form. The consequences are usually more severe than if you'd been truthful from the start.

You have been arrested, arrested <> charged <> convicted and your criminal record shows *empty*.

That's what I'd declare.

The 7 years limit applies only to providing the criminal record from the countries you've lived in the past 7 years. The question regarding I you've ever been arrested doesn't have a time limit, unfortunately. I feel it's very unfortunate one has to carry this through the entire lifetime.

It probably is, but that’s the way of the world. It would be the same in places like Australia, etc, when applying for entry to the country. Heck I bet you probably can’t get back into the States now and that’s where you got the penalty in the first place. In my view better to be honest; if it is a misdemeanour then by being honest about it they may be prepared to give you a chance here, especially as you haven’t been in trouble since as the Spanish criminal report will prove.

I didn't think a criminal record was still a requirement to enter Australia!

Were you cuffed, fingerprinted, photographed and charged? Get your FBI background check done. See what it says. Odds are it will not show a misdemeanor, especially if it was resolved with a plea deal. In which case you would NOT say you've been arrested because that would contradict your official report.