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Criminal Checks
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Has your new employer said they need a criminal check?
Yes, and my job is outside of Beijing
19%
 19%  [ 9 ]
Yes, because my new job is in Beijing
4%
 4%  [ 2 ]
No, but my employer applied for the invitation letter before July 1st
15%
 15%  [ 7 ]
No, and my employer applied for the invitation letter after July 1st
15%
 15%  [ 7 ]
I've had to provide a criminal check in order to extend my residence permit
2%
 2%  [ 1 ]
I've been able to extend my residence permit since July 1st without a criminal check
23%
 23%  [ 11 ]
I haven't got a new job or renewed residence visa, but I want to have an option to click on.
19%
 19%  [ 9 ]
Total Votes : 46

Author Message
doogsville



Joined: 17 Nov 2011
Posts: 924
Location: China

PostPosted: Tue Jul 23, 2013 2:11 am    Post subject: Reply with quote

Got my passport back yesterday with a one year RP, July 2013 to July 2014. It's a renewal and I'm in Guangdong. No mention of any checks of any kind.
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bestteacher2012



Joined: 22 Aug 2012
Posts: 160

PostPosted: Tue Jul 23, 2013 5:21 am    Post subject: Reply with quote

doogsville wrote:
Got my passport back yesterday with a one year RP, July 2013 to July 2014. It's a renewal and I'm in Guangdong. No mention of any checks of any kind.


Did it take 15 working days to process?
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doogsville



Joined: 17 Nov 2011
Posts: 924
Location: China

PostPosted: Tue Jul 23, 2013 8:02 am    Post subject: Reply with quote

bestteacher2012 wrote:
doogsville wrote:
Got my passport back yesterday with a one year RP, July 2013 to July 2014. It's a renewal and I'm in Guangdong. No mention of any checks of any kind.


Did it take 15 working days to process?


I'm not sure, since I handed the FAO the passport about three weeks ago, and she got back to me to tell me it couldn't be processed until we moved, which was yesterday. Then yesterday she handed me the passport complete with RP, so I have no idea how long it took to process.
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Old Surrender



Joined: 01 Jun 2009
Posts: 393
Location: The World's Largest Tobacco Factory

PostPosted: Sun Jul 28, 2013 6:22 pm    Post subject: Reply with quote

What I'm curious about is what they're looking for and could potentially keep me from being hired again. I have a DUI arrest (no conviction) that's 10 years old. I've been in China for 4 years and got my new RP in June.
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wuliuchiba



Joined: 07 Jul 2013
Posts: 61

PostPosted: Wed Jul 31, 2013 4:51 am    Post subject: Reply with quote

It would be ridiculous to let petty misdemeanors keep a person out of China, the way it currently is in South Korea. That won't keep the real criminals out, but it will keep out normal people who have been busted for petty infractions like public intoxication, marijuana possession, vandalism, underage drinking, etc. 65 million Americans have some sort of criminal record. That's 1 out of every 5 people. If they insist on an absolutely clean record they might have a tough time finding new people. Surely they are going to have work out a system that overlooks minor crimes and only goes after people who have committed serious crimes and are actual criminals. I really hope this isn't a zero tolerance policy.
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vikeologist



Joined: 07 Sep 2009
Posts: 600

PostPosted: Wed Jul 31, 2013 6:16 am    Post subject: Reply with quote

The trouble is that the media tends to like to paint foreigners as either devils or angels.

Devils - abuse children, sell drugs, urinate over their landmarks and act as though we own the place.

Angels - Dive into rivers to save people and display the moral behaviour that Chinese people wish they did themselves.

There's no middle ground, so unfortunately, yes, the intention probably is to keep out everybody with a criminal record.

I'm not sure a DUI arrest would be a terminal problem though.

I'm guessing of course. The reason I started this thread is that there has been little clarification about what the criminal checks will involve or are even for exactly.

frankly I'd have liked to see a procedure put in place to stop convicted sex offenders getting jobs with children, but unfortunately the problems associated with such a wide spread checks will probably result in the Chinese giving up on all this after a while, and going back to us signing something to say that we're not a criminal.

Hopefully the fingerprinting and biometric stuff, which is absolutely set in stone to happen, can be integrated into a workable procedure.
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NoBillyNO



Joined: 11 Jun 2012
Posts: 1762

PostPosted: Wed Jul 31, 2013 10:01 am    Post subject: Reply with quote

Quote:

frankly I'd have liked to see a procedure put in place to stop convicted sex offenders getting jobs with children,







There is the possibility of "sex offenders" having violated a law under the sexual category. A mandatory sex-offender classification can result from a second prostitution conviction, sending/receiving content considered "sexting" (SMS) , relationship between young adults and teenagers resulting in corruption of a minor (if the age between them is greater than 1,060 days. This is due to the method in which crimes are categorized in the US. However, if I have read the information correct...even a DUI can keep you from working in China. The question is crime conviction or plea outs for offenses such as trespassing.
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Bud Powell



Joined: 11 Jul 2013
Posts: 1736

PostPosted: Wed Jul 31, 2013 11:50 am    Post subject: Reply with quote

"...relationship between young adults and teenagers resulting in corruption of a minor (if the age between them is greater than 1,060 days..."

Where is this a law? I am unaware of the age difference of 1,060 days regarding the corruption of a minor. I'm not taking issue with it. I am just curious about where the law reads like this.

Thanks.
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vikeologist



Joined: 07 Sep 2009
Posts: 600

PostPosted: Wed Jul 31, 2013 12:37 pm    Post subject: Reply with quote

I'm certainly not suggesting that all 'sex offenders' are paedophiles, equally dangerous etc, or advocating a witchhunt.

However, the alternative would be to have the PSB examine each (sexual offender) conviction individually, which isn't workable. I'd like to think though that judgement could be used on 'crimes' such as DUI.

This is the way things work. Countries make decisions on foreigners being 'undesirable' based on sweeping legal and criminal history generalisations, including the USA.

Unfortunately, if anyone is turned down because of a criminal conviction, they're unlikely to share the details with us.

If only certain categories of crime were a bar to a permit, which should they be?

Sexual Offenders?
Fraud?
Burglary?
Drug Distribution?

What about things that are crimes in our country, but not in China? (I must admit I can't actually think of one right now. Provoking racial hatred? I bet that's not a crime in China.)
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed Jul 31, 2013 12:45 pm    Post subject: Reply with quote

Dead on, vikeologist. More than likely ANYTHING other than a totally clean slate will be grounds for denial.
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GeminiTiger



Joined: 15 Oct 2004
Posts: 999
Location: China, 2005--Present

PostPosted: Thu Aug 01, 2013 11:10 am    Post subject: Reply with quote

from my own minimal research on this some states in America do not report convictions of misdemeanors after a number of years, on this matter it's up to individual states.
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beckyshaile



Joined: 29 Jul 2013
Posts: 72

PostPosted: Thu Aug 01, 2013 1:09 pm    Post subject: Reply with quote

Old Surrender wrote:
What I'm curious about is what they're looking for and could potentially keep me from being hired again. I have a DUI arrest (no conviction) that's 10 years old. I've been in China for 4 years and got my new RP in June.


I would love to know the absolute honest answer as to whether or not you indicated this criminal history on your original visa application to enter China.
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vikeologist



Joined: 07 Sep 2009
Posts: 600

PostPosted: Thu Aug 01, 2013 1:53 pm    Post subject: Reply with quote

If JohnPartee is right about the wording, the visa application asks about convictions, not arrests.
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Old Surrender



Joined: 01 Jun 2009
Posts: 393
Location: The World's Largest Tobacco Factory

PostPosted: Thu Aug 01, 2013 9:33 pm    Post subject: Reply with quote

beckyshaile wrote:
Old Surrender wrote:
What I'm curious about is what they're looking for and could potentially keep me from being hired again. I have a DUI arrest (no conviction) that's 10 years old. I've been in China for 4 years and got my new RP in June.


I would love to know the absolute honest answer as to whether or not you indicated this criminal history on your original visa application to enter China.


My lawyer told me to indicate "no" whenever I'm asked about my criminal history. According to the state that I was arrested in, I have no criminal history because I was never convicted.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Thu Aug 01, 2013 11:11 pm    Post subject: Reply with quote

Quote:
If JohnPartee is right about the wording, the visa application asks about convictions, not arrests.


I'm not sure, but I THINK it says "convicted".

EDIT: I just googled the visa application and it says "Do you have any criminal record in China or any other country?".
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