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Getting an S Pass with a Criminal Record from the U.S.?

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rudolf
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Getting an S Pass with a Criminal Record from the U.S.?

Postby rudolf » Tue, 01 Jun 2010 8:23 am

Okay so I have searched the archives and not found an answer to this question, so I am offering it up here. I have a degree from a good university in the U.S., I have decent work experience that would pertain to the job in Singapore, and I currently have a job offer at a company in Singapore.

They want to bring me in on a S Pass to see how they like me. They have sent me the S Pass form and I have begun filling it out. On page 7 of the form it asks:

(b) Have you ever been convicted in a court of law in any country?

I was convicted of a drug offense in the United States 14 year ago and finished my probation 12 years ago. In the United States and also in Canada once you have passed the 10 year mark with no additional problems with the law most agencies/companies consider your record to be something in the distant past and it isn't much of a factor anymore.

My question is does anyone know how the Ministry of Manpower views people with criminal records in their 'distant' past? Basically do I have any chance of getting a S Pass with my criminal record?

If it helps clarify things all my university schooling and personal development/ work experience occurred after the drug conviction and me getting my life back on track.

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Re: Getting an S Pass with a Criminal Record from the U.S.?

Postby Mad Scientist » Tue, 01 Jun 2010 9:12 am

rudolf wrote:ks:

(b) Have you ever been convicted in a court of law in any country?

I was convicted of a drug offense in the United States 14 year ago and finished my probation 12 years ago. In the United States and also in Canada once you have passed the 10 year mark with no additional problems with the law most agencies/companies consider your record to be something in the distant past and it isn't much of a factor anymore.

My question is does anyone know how the Ministry of Manpower views people with criminal records in their 'distant' past? Basically do I have any chance of getting a S Pass with my criminal record?

There are two type of crime in Singapore in a nutshell. Petty Crime and serious crime. A traffic offense is a crime but not a judicial crime per se unless bodily injury or death in result of the traffic offense.
Drug offense consist of two under the penal code, personal consume or trafficking. If consume and you have undergo a Rehab and all those that prevent a relapse, maybe.
Basically MOM does not want you to be a burden of the health system here
If trafficking the answer is NO.
MOM will pass your name to the Police i.e CNB at PCC for verification and checks.

You have to answer truthfully on the question as MOM will vet your application . So if you lied then you are done for.



If it helps clarify things all my university schooling and personal development/ work experience occurred after the drug conviction and me getting my life back on track.
SG citizen are given a second chance after incarceration but Foreign Talent will be viewed differently.SG has a very harsh view on drugs offenses. Death by penalty if found to be in a possession of of the weight of a 20 cents coin is all you need to go to the slaughterhouse
I believe you are getting back your life on track but IMHO your chance is slim but hey go for it just for the sake of it

The positive thinker sees the invisible, feels the intangible, and achieves the impossible.Yahoo !!!

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Re: Getting an S Pass with a Criminal Record from the U.S.?

Postby rudolf » Thu, 03 Jun 2010 12:51 am

[quote="Mad Scientist"]
Drug offense consist of two under the penal code, personal consume or trafficking. If consume and you have undergo a Rehab and all those that prevent a relapse, maybe.
Basically MOM does not want you to be a burden of the health system here
If trafficking the answer is NO.
MOM will pass your name to the Police i.e CNB at PCC for verification and checks.

You have to answer truthfully on the question as MOM will vet your application . So if you lied then you are done for.[/quote]

---------------------------------------------------------

So does anyone know the actual criteria that the MOM or the government agencies they defer to use in order to make their decision? For example I can go to the Canadian border here or to the Canadian immigration website and get a wealth of information about how they view my criminal record in principle. Is such information available in Singapore?

The Canadians have the policy that after 10 years have passed and you have not been in any other trouble they basically no longer care about the past criminal charge, at least this specific charge. Would there be some rule like this in Singapore?


To clarify the matter my charge was for what would be called here simple possession. That is their was no trafficking involved, what we would call here intent to distribute. I underwent counseling/analysis and it was determined that I didn't have a drug problem so no 'rehabilitation' was required. However I was regularly screened for drug usage for two years and never had a problem. It was all just a stupid error made in youth. Now its just a question of how various others including governments view it and that is what I am trying to find out about Singapore.

Additionally if anyone knows of attorneys that specialize in immigration matters I would be interested to know of them.

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Postby Mad Scientist » Thu, 03 Jun 2010 6:52 am

Rudolf

I feel for you hence I am putting my thinking cap.
But before this is the Act 185 Misuse of Drug offences Chap 33 onwards
[color=blue]Punishment for offences
33. —(1) Except as provided in subsection (4) or under section 33A, the Second Schedule shall have effect, in accordance with subsections (2) and (3), with respect to the way in which offences under this prevActnext are punishable on conviction.[12/77;20/98]

(2) In relation to an offence under any provision of this prevActnext specified in the first column of the Second Schedule (the general nature of the offence being described in the second column thereof) —

(a) the third, fourth and fifth columns show, respectively, the punishments to be imposed on a person convicted of the offence according to whether the controlled prevdrugnext in relation to which the offence was committed was a Class A prevdrugnext, a Class B prevdrugnext or a Class C prevdrugnext, except as otherwise provided in paragraph (b);

(b) the sixth column shows the punishments to be imposed on a person convicted of the offence where the offence was committed —

(i) in the case of unauthorised manufacture, in relation to such specified controlled prevdrugnext as is mentioned in the second column; and

(ii) in the case of unauthorised traffic or import or export, in relation to a specified quantity of such controlled prevdrugnext or to a controlled prevdrugnext (except opium) containing such quantity of morphine or diamorphine as is mentioned in the second column; and

(c) the seventh column shows the punishments to be imposed on a person convicted of the offence whether or not the offence was committed in relation to a controlled prevdrugnext and, if it was so committed, irrespective of the nature of the prevdrugnext.

(3) In the third, fourth, fifth, sixth and seventh columns of the Second Schedule, a reference to a period gives the maximum or minimum term of imprisonment as is specified, a reference to a sum of money gives the maximum or minimum fine as is specified, and a reference to a number of strokes gives the number of strokes of caning with which the offender shall, subject to section 231 of the Criminal Procedure Code (Cap. 68), be punished.[49/75]

(4) If any person convicted of an offence under section 8(b) or 31(2) is again convicted of an offence under section 8(b) or 31(2), he shall on conviction be punished with imprisonment for a term of not less than 3 years unless he is punished under section 33A for that same offence.[20/98]

(5) In subsection (4), “convicted of an offence”
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Re: Getting an S Pass with a Criminal Record from the U.S.?

Postby Mad Scientist » Thu, 03 Jun 2010 7:07 am

rudolf wrote:So does anyone know the actual criteria that the MOM or the government agencies they defer to use in order to make their decision?

Sorry buddy not down here. No one knows

The Canadians have the policy that after 10 years have passed and you have not been in any other trouble they basically no longer care about the past criminal charge, at least this specific charge. Would there be some rule like this in Singapore?

Not sure but if a PR or SGer goes to jail for serious offense they have another added number on their ID card


To clarify the matter my charge was for what would be called here simple possession. That is their was no trafficking involved, what we would call here intent to distribute. I underwent counseling/analysis and it was determined that I didn't have a drug problem so no 'rehabilitation' was required. However I was regularly screened for drug usage for two years and never had a problem. It was all just a stupid error made in youth. Now its just a question of how various others including governments view it and that is what I am trying to find out about Singapore.

If you seriously considering to work here. Get all thore Rehab docs and all other supporting evidence to show you have turn a NEW LEAF

Additionally if anyone knows of attorneys that specialize in immigration matters I would be interested to know of them.
Try this linkhttp://www.helplinelaw.com/lawyers/ ... ingapore/5 OR www.lawsociety.org.sg
You can engage one that is not a cowboy if they come from this body. I am not sure about fees whether you are paying thru the nose or will cost you an arm and a leg but they do have lawyers specialize in immigration

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Postby JR8 » Thu, 03 Jun 2010 5:21 pm

Have you considered lying?

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Postby sundaymorningstaple » Thu, 03 Jun 2010 5:47 pm

:o

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Postby poodlek » Thu, 03 Jun 2010 6:56 pm

Would getting a pardon make a difference? I know on the immigration application for the USA it says "have you ever been convicted of an offense for which you have not received a pardon?"

If your conviction was in a Canadian court it would be quite simple to get a pardon I believe.

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Postby Mad Scientist » Thu, 03 Jun 2010 6:58 pm

JR8 wrote:Have you considered lying?


JR8 , if you are not able to give a proper advise , please don't. Others are trying to help and your advise is DEFINITELY not helping.

:)
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Postby sundaymorningstaple » Thu, 03 Jun 2010 8:47 pm

Image 8-[ :oops!: :shit:

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Postby JR8 » Thu, 03 Jun 2010 11:07 pm

Mad Scientist wrote:
JR8 wrote:Have you considered lying?


JR8 , if you are not able to give a proper advise , please don't. Others are trying to help and your advise is DEFINITELY not helping.

:)



And why do you think that lying is not an option that the poster might wish to consider? Do you think MOM have access to US criminal records... for misdemeanors, don't be silly.

Sometimes you need to think out of the box, until SGns can that is why they'll continue to need FT :wink:

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Postby Plavt » Fri, 04 Jun 2010 1:43 am

JR8 wrote:And why do you think that lying is not an option that the poster might wish to consider? Do you think MOM have access to US criminal records... for misdemeanors, don't be silly.



Whoaaaa.......JR8! Britons with a criminal conviction are not allowed to travel to the US - there are ways to find out. Since the OP wants to work in Singapore he/she could be asked for what Britions call a Criminal Records Burea check (CRB). I think the Singapore authorities will be well aware of it by now.

You might care to examine the following link;


http://www.usembassy.org.uk/cons_new/acs/scs/criminal_records_checks_in_the_united_states.html

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Postby x9200 » Fri, 04 Jun 2010 4:54 am

JR8 wrote:Sometimes you need to think out of the box, until SGns can that is why they'll continue to need FT :wink:


This is painfully in-box thinking JR8.

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Postby JR8 » Fri, 04 Jun 2010 5:17 am

Plavt wrote:
JR8 wrote:And why do you think that lying is not an option that the poster might wish to consider? Do you think MOM have access to US criminal records... for misdemeanors, don't be silly.



Whoaaaa.......JR8! Britons with a criminal conviction are not allowed to travel to the US - there are ways to find out. Since the OP wants to work in Singapore he/she could be asked for what Britions call a Criminal Records Burea check (CRB). I think the Singapore authorities will be well aware of it by now.
You might care to examine the following link;


http://www.usembassy.org.uk/cons_new/acs/scs/criminal_records_checks_in_the_united_states.html


But hold on, we are talking about a person with an American record. Wondering if they should declare it. Nothing says anything about providing a 'back-ground check [record]' unless of course you wish to declare one. Wow this was such a simple question... now getting so muddied.

Singapore asks for self-certification. If you think they ask for physical record checks, please do amplify. It would be news to the 25% of passengers who have criminal records of one kind or another.

No, having a criminal record does not disallow travel to the US (how on earth do you think most of the UK music industry and their entourages ever travel there?). Bit of a spacecake observation that one don't you think? under the old visa waiver scheme, having two misdemeanours equated to moral turpitude which couunted you out, and so you had to apply for a visa. But when has anyone gone to the States and carried a copy of their police record with them too?

My original points stands. Lying is an option. No one will know. It's up to you.

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Postby Mad Scientist » Fri, 04 Jun 2010 6:27 am

JR8 wrote:
And why do you think that lying is not an option that the poster might wish to consider? Do you think MOM have access to US criminal records... for misdemeanors, don't be silly.

JR8 if you have been living in Singapore that long you should be able to understand that MOM , ICA, MHA works hand in hand. If the OP comes here to apply for a job, his application will be vetted thoroughly that I am very sure. Central Narcotics Bureau works very closely with other foreign agencies. If he lied, he is done for. If he declared truthfully, a background check with DEA and other agencies in US or Canada will be done. If he is found to be of good character after his punishment then at least he has a half chance of getting a job here rather than no chance at all thru lying. Here is the link
http://singapore.usembassy.gov/uploads/ ... ics_05.pdf

http://www.mha.gov.sg/news_details.aspx ... 6mq1ryE%3D

Sometimes you need to think out of the box, until SGns can that is why they'll continue to need FT
There is no correlation between SGer thinking out of the box and lying on official documents. I do agree Sger need to have this approach and the need of FT but this is not and I do not think nor it is an option for OP to consider.
The positive thinker sees the invisible, feels the intangible, and achieves the impossible.Yahoo !!!


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