The Background Check Requirement
According to Section 70 of the Immigration Law (Law No. 8764 of 2009) foreign nationals who file an application to remain in the country under any of the categories as described in the law, must
According to Section 70 of the Immigration Law (Law No. 8764 of 2009) foreign nationals who file an application to remain in the country under any of the categories as described in the law, must have not been convicted of a crime within ten years prior to requesting immigration status. What does this mean? Well if you file an application for residency on March 1st, 2016, you must not have been convicted of a crime between March 1st 2006 and March 1st 2016. Therefore, if you were convicted of a crime in February 2006, you will be eligible to obtain residency (or any other immigration status) in Costa Rica. In other words, for immigration purposes in Costa Rica, criminal convictions have a Statute of Limitations of 10 years. There is only one exception: people convicted of sexual abuse against minors, who instead have a 50 year Statute of Limitations.
The burden of proof is on the applicant to demonstrate that he/she has not been convicted of crime within the past 10 years. How do you prove that? Well, you will need to produce a background check from the country you are from, or from the country you last resided in three years prior to moving to Costa Rica. For instance, if you are from Germany and lived in Germany all of your life, then you will need to produce a background check from Germany. On the other hand, if you are from Germany, but you lived in France for the past three years, you will need to produce a background check from France.
The primary purpose of this article is to review the background checks from the United States for one particular reason: people from the US like to produce a local background check instead of background checks from the FBI.
Let me share with you a story. In our business, we like to be accommodating to our clients. The immigration regulations do not require to produce any particular type of background check, therefore, it is possible to produce a local background check, or a federal background check. For some people, it is easier or cheaper to produce a local background check instead of one from the FBI. So, we use to leave it up to the client to produce whatever document was convenient and did not push any particular type of background check.
Later on we learned that the Immigration Department in Costa Rica (DGME) will do background checks by default for US Nationals who only provided a local background check and not one from the FBI. This practice started back in 2012. The DGME realized that some US Nationals would try to hide crimes committed in one state by producing a background check from another state. As a result, the DGME and the US Consulate in Costa Rica made an agreement under which the DGME will send a request of information to the US Consulate for individuals who will produce a local background check. This procedure will not be applicable for people who produced a background check from the FBI. The procedure can take three to six months between the time the DGME decides that the request of information is required and the time that they received the results from the Consulate. It is usually the DGME that is dragging its feet.
We then decided to use more background checks from the FBI for our clients. Background checks from the FBI had been a little more difficult to obtain than the ones from the local police station, primarily because it is required to produce a set of fingerprints, and also because the FBI usually takes several weeks to issue the document (generally between eight and twelve weeks) if you send fingerprints on ink cards. To help our clients, we took on the challenge of obtaining the background checks from the FBI. We would take our clients to the police department in San Jose in order to get the fingerprints on the ink cards, and we would mail the cards, with the power of attorney to the FBI. Results would arrive weeks later and then we proceeded to request the apostils required for the document to be valid in Costa Rica. Our goal to produce a background check from the FBI was to reduce the processing times for the residency applications. We were able to obtain approvals within six and eight months instead of 12 or 16 months. Nevertheless, some clients preferred to avoid doing all of this and would produce a local or state background check, for which we provide the corresponding disclaimer.
We learned the hard way.
One particular client told us that he did not have a criminal record, so he just wanted to produce a local background check. We filed his application for residency under the pensionado category which was supposed to take between nine and twelve months due to the delay doing the inquiry by the DGME to the US Consulate. But in this case, it took a lot longer. On the sixth month, we followed up on his case and it was not ready. We checked again on the ninth month, and still nothing. More than twelve months had passed and the DGME only said that they were still reviewing the file (you know how the story goes with the DGME). All during this time, I had the nine hundred pound gorilla client on my back calling me and sending me messages every other day telling me how incompetent I was. I felt very bad about this case primarily because I felt that I let this client down, and that I could not comply with what I had promised.
More than a year later, I received a notice from the DGME requesting a federal background check. When you receive such notice, the DGME does not tell you why, they just do the request. I talked to the client about it and he told me that he did not understand why he was being requested the background check from the FBI, he swore that he did not have a criminal record. Pursuant to that conversation, I decided to file a complaint to with the Supreme Court alleging that the Immigration Law did not specifically required a background check from the FBI (we did this at no expense to the client because I wanted to go above and beyond in order to repair the case). The DGME replied to the Supreme Court indicating that they had reason to believe that the subject had a record in another state. We did not win the case and were forced to produce the background check. So, we proceeded to fly the client to San Jose, put them in a hotel, brought them in for fingerprinting, requested the background check, did the apostil, and obtained the translation, all of this at no expense to the client. During this time, the client kept complaining on a regular basis.
But, and this is a big but, when we got the results, bingo! It turned out that indeed he had a conviction over ten years old that he did not tell us about. At the end, we got the residency for this client, and he was begrudgingly happy. Having a conviction over ten years old is not a big deal, we are able to use the exception of the 10 year statute of limitations, and we would have been able to do so for this client if we had known from the beginning.
As a result of this case, we decided to only do background checks from the FBI. It is not negotiable anymore. One the one hand, we want to know what are we getting into, and second, we want to be able to complete the residency in a timely fashion with no questions asked by the DGME. Even in cases where the applicant has had a conviction more than 10 years ago, we want the DGME to see full disclosure from our part and not to think that we are trying to hide something.
This turn of events prompted two changes in our business practice. We will only work with FBI background checks and no longer accept local background checks anymore. We have also improved our FBI Background Check services. Previously, clients needed to come to San Jose and spend the day getting fingerprinted so we could send the fingerprint cards by mail to the FBI in Washington DC, which consumed a significant amount of time. So we made an essential investment and obtained the appropriate technology to do portable fingerprint scans in Costa Rica. This program allows us to obtain a background check within two days. Needless to say, since the document is for use in Costa Rica (or any other country) we also obtain the apostil, providing a full service to our clients.
It is very exciting to be able to provide this superior service. We have been able to obtain dozens of background checks for clients all over the country. This technology and equipment allows us to go anywhere to get the fingerprint scans. We have done it for clients in Playas del Coco, in Dominical, Atenas and obviously the Central Valley. Our clients have been very happy with this service. A lot of people have told us that they have avoided getting residency because of the difficulty of obtaining documents. Electronic fingerprinting allows us to get the results from the FBI in two days and has really put us ahead of the curve.
There are a few points to this story:
- We were able to review the background check requirements for obtaining residency. When it comes to people from the US, you should always do the background check from the FBI. When it comes to people from Canada, you should always do the background check from the RCMP.
- I was able to grow as an attorney as far as being able to identify a problem and being able to fix it.
- I was able to grow as an entrepreneur as far as being able to improve a service for our clients and to grow another segment of our business. Currently, we are able to obtain a background check from the FBI in two days, and the apostille in three to four weeks due to processing times and mailing time. Our fee for this full service is $250 USD per document. With our new documents business, we are able to obtain documents from all over the world with the exception of Cuba, Iran and North Korea. The fees for documents from other countries will vary depending on the country.
I hope this information to be helpful. Please feel free to reply with any questions or comments.
Venetia kerith January 14, 2018
How long does it take and cost for a florida resident.im in costa rica
Ariana Andrade July 25, 2018
Hi I wanted to obtain documents and an update on case from the judicial in Costa Rica. This is for my husbands case.
What are charges for something like this?
rafavalverde September 3, 2018
What documents do you need?
Tom Williams January 10, 2019
Whoa ! I got a ticket for talking on the phone entering a school safey
zone in Texas. A misdemeanor for which I paid the fine. Does “ a crime” in
Costa Rica include a non-violent misdemeanor ?
jeffrey March 2, 2019
Moving violations does not constitute a felony or criminal charge. So, not a problem.
Thomas Williams January 20, 2019
So if I have a conviction within the past ten years, say for talking on the cell phone in a school zone, a misdemeanor in my state. Not arrested. Paid a fine. Currently practicing as a lawyer in Texas for the past 31 years. Are you telling me that I am not eligible to applyfor pensionado status under Costa Rican law ?
jeffrey March 2, 2019
It will not affect you.
Daniel Carter October 10, 2019
Somehow Tom didn’t get it but your statements were really clear. Thank you for the info.
Thomas Williams January 20, 2019
Just to clarify my inquiry. If I have a Class C misdemeanor conviction
punishable by fine only, is that considered a crime that would exclude a person from seeking pensionado status ? I can understand exclusion for felony convictions, or misdemeanors punishable by jail time, violent offenses, or crimes involving moral turpitude ( theft, falsifying a document, fraud, etc) ….but a traffic ticket ? Please do respond as this will significantly alter my retirement plans.
Buford Marsh February 6, 2019
The purpose of background check is to reveal the personal history of an individual. It makes you able to know whether the applicant has encountered any kind of criminal charges in the past or not. Also, it provides a picture of the person’s educational background. Landlords and real estate envoys can also perform background check, especially when the prospective tenant does not have a long rental history. Performing a thorough background check might seem time-consuming, but it will certainly help you in the long run.
danielduartes February 25, 2019
Victor July 15, 2019
Need help getting background check for my imagration application..
rafavalverde July 30, 2019
We sent you an email.
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Todd September 15, 2019
From my understanding, all I require for my residency application is an FBI background check. Though they accept local background checks, an FBI background check is the most preferred? is this correct? Thank you
rafavalverde October 8, 2019
Indeed, the FBI is preferred as it prevents delays in the processing of the residency. If you provide a local background check, the Immigration Department will take longer processing the application as they send an inquiry to the US Consulate to make sure that the records are clean in the other states.
Kat August 23, 2020
Do you need to do the background check and go through all of this prior to purchasing property in Costa Rica? Is it more difficult to go through all of this there or in advance of a property purchase? I think many Americans have been arrested for something be it protesting, DUI, DV for a simple.argument, disturbing the peace etc. US police are.arrest happy. Alveit it may not be felony arrests but sounds like that does not matter to Costa.Rica
Rafael Valverde August 23, 2020
You can acquire the background check prior to arriving to Costa Rica. Regarding the content of the record, the immigration law sets a statute of limitations of 10 years. However, people who have records older than ten years also encounter difficulties when processing the applications.
Costa Rica cares about the content of the records. While they may not deny the residency, they will certainly inquire about it and may request court documents.
Bruce Forest September 26, 2020
My wife and I bought a home for cash in Costa Rica in 2017. have applied for temporary residency as an Inversionista.. I have a conviction from 2006 where I caused damage to a portable toilet with “explosives.” It was in a legal hunting/shooting area and I used a visible rifle target which made a hole in the portapotty. The case went federal due to “use in interstate commerce” and I was sentenced to a mandatory minimum of 60 months. I was released in March 2010. That was my first and only arrest, I had no record and did my time. I actually write my own 28 USC §2255 petition, which was denied, inaccurately IMO. I have had no involvement with US or CR law since that incident in 2006. We had an accident where the road collapsed under us, and we fell 100 feet to a rock river bed. We were both injured, my wife is permanently disabled.
Considering the age of my only conviction, my two years of good behavior in CR, and my wife’s disability, do you think I will be approved for a Cedula? I am 63 years old and we own our home outright.
Rafael Valverde October 5, 2020
Thank you for your message. Our advice will be to first get a background check which will allow us to review the details of the conviction and to be able to provide you with a better answer.
However, just based on the information that you are providing, I would have to say that there will be a 50/50 chance they will not approve a residency with that record.
Marie-Eve Gougeon November 16, 2020
HI, I am a canadian women, that need to provide a RCMP fingerprint criminial record document for a residency, I heard some people doing their fingerprints in Jaco for a FBI fingerprint criminal record…..do you know if it is possible to do the fingerprints anywhere in Jaco…I am a mother of a young child and would like to be able to do the fingerprints closer to where I live if possible.
Sharon November 17, 2020
If someone had a felony on the fbi report from over 20 years ago, is this an issue with residency?
Kevin March 17, 2022
I would like to know if a miss-demeanor DUI on my record will negate me from getting a pensionado residencia
Christopher Yates March 26, 2022
I dug this up while searching for retirement visa information for Colombia. After reading this article I am now interested in Costa Rica as a possible retirement destination. This was well thought out and very informative. Thank you for posting.
Maria Jacob December 8, 2022
Exllect blog, the background check requirement is an important part of the hiring process. It helps ensure that the person being hired is qualified for the position and poses no threat to the company or its employees. Although it may take a little time to complete, it is well worth the effort to ensure a safe and productive workplace.