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Criminal background check

 
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Mike S.



Joined: 27 Apr 2006
Posts: 91
Location: New York City

PostPosted: Sun Dec 21, 2008 4:56 am    Post subject: Criminal background check Reply with quote

Apparently, I need to get a criminal background check before I come to Vietnam and teach English there. I have a California driver's license but am visiting New York. I plan to go directly from New York to Asia. Could I get the criminal background check here in New York or would I have to go back to California to get it?
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erica63



Joined: 07 Mar 2008
Posts: 24

PostPosted: Wed Jan 07, 2009 10:32 am    Post subject: Reply with quote

You don't need it. Don't bother.
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RyaninMD



Joined: 31 Oct 2008
Posts: 4

PostPosted: Mon Jan 12, 2009 9:01 am    Post subject: Reply with quote

By "don't need it" do you mean, they won't ask for it or they will obtain it?
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ajc19810



Joined: 22 May 2008
Posts: 214

PostPosted: Mon Jan 12, 2009 9:33 am    Post subject: Reply with quote

If you are applying for a school that requires one then of course you will need it. Every country is different, Australia was really easy I actually did it via the post while I was living in Vietnam. Dont quote me on but I dont think Americans share that same luxury as us and actually I have had experience with Americans trying to get their paperwork while living in Vietnam and it was a nightmare for them. So if you do need it, get it before you come.
With regards to the clean record, check with department that does it for you in your country. For example some things dont appear on your record if a certain amount of time has elapsed. However, it's best to ask the department who does it. I have never done a work permit for s/o who had a record, but I would seriously doubt that the Viets would turn down a wp for an offence 12 years. Unless of course its really bad.
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inky



Joined: 05 Jan 2009
Posts: 283
Location: Hanoi

PostPosted: Mon Jan 12, 2009 9:51 am    Post subject: Reply with quote

Mike, you have several options as a US citizen. You can request a check from the Dept of Justice (or whatever they call it there) in California, or you can get a background clearance from the FBI. Either one is acceptable here. You can't get one from New York if you're not a legal resident.

Ignore the advice that it's 'not needed.' As ajc states, it depends on the school. A reputable school will want one, not only for your Work Permit application, but also for the safety of their students. A lower-end school may be less strict, to the detriment of everyone.

Remember that you also need the originals of your diploma and ESL certification.
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jhawkguy77



Joined: 07 Jan 2009
Posts: 12

PostPosted: Mon Jan 12, 2009 10:25 am    Post subject: Reply with quote

I have questions about the criminal background check as well, perhaps you may know inky.

I have clean criminal back ground papers both from the FBI and the State Agency in which I live. I am unclear what to do after this point as I have heard many things.

I have heard that is all I need by some. Then others say I need to have them notorized, then sent to the Secretary of State in DC to have apostilized, then send them to the Vietnam Embassy to have them translated. Sounds like A LOT of work to me. However, if it must be done so be it. I just need to get a clear answer on this
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inky



Joined: 05 Jan 2009
Posts: 283
Location: Hanoi

PostPosted: Mon Jan 12, 2009 1:32 pm    Post subject: Reply with quote

The 'authentication process' that you describe was in effect until the middle of 2008; since then, the US Embassy in Hanoi (and I assume the Consulate in HCMC) will notarize your signature on an authentication form that they will give you, and the relevant Vietnamese ministries will accept this as verification of your documents, so you no longer have to go through that process back in the US.

Should things change back, the former authentication process really isn't as cumbersome as it sounds, a good school will help you with it, and while waiting (and working) you can get your 6-month work visa renewed once in Vietnam (so you're good for a year total) and then numerous times thereafter in Bangkok. It takes one day for that renewal in BKK, a good school will pay for it, and flights are very inexpensive... it's a great excuse to hop over to Thailand for a few days!

While somewhat annoying, it's important to keep in mind that the intent of these requirements is, ultimately, beneficial for the students, most of whom are paying a small fortune for English classes that they expect are to be taught by qualified people.
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nadi1016



Joined: 18 Feb 2006
Posts: 14

PostPosted: Thu Jan 29, 2009 2:33 pm    Post subject: Reply with quote

[quote="inky"]

Remember that you also need the originals of your diploma and ESL certification.[/quote]

Hi there - is this because the employer will want to keep the original diploma until your contract is up? I have heard that one should never give up their original diploma or original of anything, because then it usually ends up never getting returned to you. Even if this may not be true of all schools, what if they ask for it and you don't want to give it up? Will they accept copies if you are persistent about it, or will you just not receive that job opportunity?

Thank you for your time -
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fladude



Joined: 02 Feb 2009
Posts: 432

PostPosted: Thu Feb 05, 2009 5:24 am    Post subject: Reply with quote

inky wrote:


While somewhat annoying, it's important to keep in mind that the intent of these requirements is, ultimately, beneficial for the students, most of whom are paying a small fortune for English classes that they expect are to be taught by qualified people.


It may seem necessary, but if the applicant is from the USA then they could check their criminal history online for 15 dollars. Remember the US has become extremely paranoid and all criminal records are on the computer now. Most State Law Enforcement agencies offer this service. I know the Florida Department of Law Enforcement offers this (FDLE). The online records will be accurate in terms of listing EVERY crime and CHARGE that the applicant has been convicted of, or even charged with in the US (since the 1960's anyway). This is the same database the police use.

The downside is that you will see charges as well as convictions, and sometimes the reports err on the side of caution and list things which were never even charged....... But the outcome of the case is generally listed.

It seems to me that would be the safest way to check on someone. It's a lot safer than a paper with a government seal stamped on it anyway.
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inky



Joined: 05 Jan 2009
Posts: 283
Location: Hanoi

PostPosted: Thu Feb 05, 2009 5:40 am    Post subject: Reply with quote

Fladude, the comment of mine that you have quoted was referring to all the required documentation, not just the criminal background check. While it may seem convenient to do a background check on line, this wouldn't be accepted by the Vietnamese authorities. They want a notarized report.

As for the previous question about original documents, these are required for your Work Permit. The originals should be returned to you once the process is completed, the school has no need for them. The school keeps your original WP when it is issued, since they are your sponsor.
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fladude



Joined: 02 Feb 2009
Posts: 432

PostPosted: Thu Feb 05, 2009 1:18 pm    Post subject: Reply with quote

inky wrote:
They want a notarized report.
.


I understand they want it. I'm a criminal defense attorney... I've worked with government people most of my life. Government's often want useless items with seals and notary stamps (although this is becoming much less common in the USA where we rely more on computer records).

But you said that even if Vietnamese immigration didn't want the information that the "school" should require it. The online report from the FDLE is the same thing that the "notorized report" will be based on. The notorized copy will just be a computer background check with a stamp on it. So if the school is really interested in protecting itself, they could run their own check. Just make sure the name, DOB and place of birth given is the same as the passport.
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