This article is written by a Japanese local.
Suddenly, your foreign employee is arrested by the police. For corporate HR and legal departments, few situations are as difficult to handle. If the employee is released after several days or weeks of detention with a “non-indictment” (不起訴処分 – Fukiso shobun), the company might breathe a sigh of relief, thinking, “At least there will be no criminal record.”
However, from the perspective of immigration law, the true ordeal begins here. In the screening process by Japan’s Immigration Services Agency, a “non-indictment” absolutely does not mean “acquittal” or a clean slate. In the upcoming work visa (period of stay) renewal process, failing to take appropriate initial actions and submit objective evidence will result in a worst-case scenario: a flat-out “renewal denial” (forced return to their home country).
This article comprehensively explains the mechanism of how an arrest and non-indictment affect immigration screening, the fatal trap of “concealment” that companies often fall into, and the objective proof approach corporations must build to maintain their employee’s visa.
1. “Non-Indictment” is Not “Acquittal”: Immigration’s Strict “Good Conduct” Screening
A non-indictment means the case is not brought to criminal trial, resulting in no “criminal record” (前科 – Zenka) such as fines or imprisonment. However, Immigration rigorously examines whether an applicant exhibits “good conduct” during visa renewals. What carries decisive weight here is the specific “reason” for the non-indictment.
① Insufficiency of Suspicion (Lack of Evidence)
This is a non-indictment when there is insufficient evidence to conclude a crime was committed. It is often seen in cases of false accusations or getting caught up in someone else’s altercation. In this case, it is factually treated as “not having committed a crime.” With an appropriate explanation, the risk of a fatal negative evaluation during visa renewal is low.
② Suspension of Indictment (Crime Committed, but Forgiven This Time)
In cases like shoplifting or minor assault, the fact of the crime is clear and admitted by the individual, but the prosecutor exercises discretion to suspend the indictment because a settlement has been reached with the victim or the individual shows deep remorse. The vast majority of non-indictment cases for foreign nationals fall under this “Suspension of Indictment” (起訴猶予 – Kiso yuyo).
In immigration practice, a suspension of indictment is treated as the “factual occurrence of a criminal act.” Although there is no criminal record, the individual is marked for poor conduct. Consequently, the renewal screening becomes extremely strict, and the risk of denial skyrockets if standard application routes are followed.
2. The Biggest Trap in Visa Renewal: Self-Destruction through “Concealment”
The visa renewal application form includes a checkbox asking about the “presence or absence of penalties due to a crime” (such as fines or imprisonment). Since a non-indictment is not a “penalty,” checking “None” is technically correct on paper.
Here, many companies and foreign nationals make a fatal misjudgment: “Since there’s no specific box to write it, they won’t find out about the arrest if we don’t say anything.” This is the biggest trap that directly leads to a renewal denial.
Police and Immigration Databases are Linked
Immigration is linked with the National Police Agency’s database and is fully aware of the history of “when and on what suspicion a foreign national was arrested.” If you do not declare the fact of the arrest yourself, and Immigration discovers it through a database inquiry, it creates the worst possible impression: “They show no remorse and attempted to conceal the facts (false declaration).” If judged to be of poor conduct with a propensity for concealment, a denial will be issued without room for excuse.
3. The Objective Approach Corporations Must Build for “Renewal Approval”
To renew the visa of an employee released due to a suspension of indictment, you must proactively disclose the facts without concealment and prove a “supervisory system to prevent recurrence” using objective evidence.
① Obtaining and Submitting the “Notice of Non-Indictment”
Upon release, ensure the employee personally visits the Public Prosecutors Office in charge to apply for and obtain a “Notice of Non-Indictment” (不起訴処分告知書). This is a mandatory item to prove to Immigration via an official public document that “the case has definitively concluded.”
② The Employee’s “Statement of Facts” and “Letter of Apology”
Create a statement of facts (顛末書 – Tenmatsu-sho) that objectively details chronologically why the incident occurred and how a settlement with the victim was reached. Furthermore, the employee must handwrite and submit a letter of apology, deeply reflecting on their actions and pledging to strictly abide by Japanese law in the future.
③ The Company’s “Petition/Pledge” (Supervisory Commitment)
This is the most critical step. If the company makes the labor-management decision not to dismiss the employee and to maintain their employment, submit a “Petition” (嘆願書 – Tangan-sho) to Immigration under the company’s name.
Rather than simply begging to keep them, explicitly and logically state: “The employee is indispensable to our company,” and “The company will thoroughly enforce compliance guidance, including the employee’s private life, and assumes the responsibility of supervising them to ensure they never cause problems again.” Strong backing and a pledge of supervision from the affiliated company are the best materials to dispel Immigration’s concerns.
4. Conclusion: The Fact of Arrest Does Not Disappear. Prove it Proactively.
In the crisis of a foreign employee’s arrest, a release due to non-indictment is not the finish line, but merely the starting line for the main event: visa renewal.
The wishful thinking that “if we stay quiet, they won’t know” will inevitably lead to self-destruction in immigration practice. Face the fact of the arrest directly, explain the circumstances upfront, and present company-wide preventive measures. If the background of the incident is complex or you are unsure how to structure the explanation to Immigration, never submit documents based on amateur judgment. Immediately consult qualified persons, such as lawyers or administrative scriveners well-versed in immigration law. Constructing objective and precise documentation is the only orthodox method to protect a company’s valuable human resources from forced return.