Who decides if a prisoner may transfer?
The decision whether to transfer an American citizen back to the United States is made by the United States Department of Justice (along with the Japanese government and the prisoner himself). The U.S. Embassy is not directly involved in the YES/NO decision made by our Department of Justice in Washington. If a prisoner transfers, will he have a U.S. criminal record? Many prisoners sentenced for crimes overseas who are contemplating transfer have asked if a transferred prisoner would have a prior record in the United States. A transferred prisoner will have a record in NCIC (National Crime Information Center) that shows the date of arrest, the offense and the sentence imposed. It will also note that the conviction was made in a foreign court. The Bureau of Prisons (BOP) will also assign the prisoner a number and the prior sentencing data would be available to BOP if the prisoner were rearrested and sentenced for a new federal offense. This information is also available to law enforcemen
