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The "United Statesian" Criminal Check thread
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passport220



Joined: 14 Jun 2006
Location: Gyeongsangbuk-do province

PostPosted: Tue Dec 18, 2007 5:51 am    Post subject: Reply with quote

Would it work if I just found the State with the easiest and most straight forward process and had that State process my criminal background check (using a hotel address as my home address)?
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muss8813



Joined: 24 Oct 2007

PostPosted: Tue Dec 18, 2007 11:16 am    Post subject: Reply with quote

passport220 wrote:
Would it work if I just found the State with the easiest and most straight forward process and had that State process my criminal background check (using a hotel address as my home address)?


You could probably get one from CO using your real address. It simply states that there is no Colorado arrest record(if you haven't been arrested in the state), printable online or they will send you one snail mail for a little more$

http://cbi.state.co.us/

Local police here don't provide statewide checks & this is the system they put in place.
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Jessie41



Joined: 14 Dec 2007

PostPosted: Tue Dec 18, 2007 1:38 pm    Post subject: Background check and Apostille Reply with quote

I found another useful website that describes how to obtain an FBI records check, along with links that explain the Apostille, or authentication, process in detail:

http://travel.state.gov/travel/tips/emergencies/emergencies_1201.html

One important note, the authentication page states that a foreign goverment may not accept an Apostille issued by a state. A document issued by a state government must first receive an Apostille from that state's Secretary of State. If the document is meant for a Korean official in Korea, it should then be sent to the U.S. Department of State for their Apostille. However, if the document will be brought to a Korean consulate in the United States, the state Apostille may be enough, but it is best to check with the Korean consulate in your region. A federal document only needs a U.S. State Department Apostille.
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Samantha



Joined: 20 Jul 2006
Location: Jinan-dong Hwaseong

PostPosted: Tue Dec 18, 2007 10:44 pm    Post subject: Re: Background check and Apostille Reply with quote

Jessie41 wrote:
I found another useful website that describes how to obtain an FBI records check, along with links that explain the Apostille, or authentication, process in detail:

http://travel.state.gov/travel/tips/emergencies/emergencies_1201.html

One important note, the authentication page states that a foreign goverment may not accept an Apostille issued by a state. A document issued by a state government must first receive an Apostille from that state's Secretary of State. If the document is meant for a Korean official in Korea, it should then be sent to the U.S. Department of State for their Apostille. However, if the document will be brought to a Korean consulate in the United States, the state Apostille may be enough, but it is best to check with the Korean consulate in your region. A federal document only needs a U.S. State Department Apostille.


The Korean Consulate in San Francisco will accept a notary and apostille through the Secretary of State. I've done it on two occasions and there was no issue. The notary statement is stapled to the document, the apostille is then stapled on top of that with a stamp along the binding of the two (to prevent fraud if you remove the staples and change things around). This packet is then taken to the Consulate they place another paper on top of this saying they've verified/accepted this document as valid, place some more stamps on each sheet and you are good to go.
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cubanlord



Joined: 08 Jul 2005
Location: In Japan!

PostPosted: Fri Dec 21, 2007 3:15 pm    Post subject: Reply with quote

Alright, here is an update regarding the total time it will take.

I had two CBCs done: one for me and one for my wife. I also had them sent to get apostilled. Last week they arrived at my sisters house. She is now sending them to me, here, in South Korea.

Certified CBC sent - Dec. 1st.
Certified CBC completed - Dec. 12th.
CBC arrived at the apostille office - Dec. 16th.
Apostille completed - Dec. 16th.
Apostille sent to my sister's house - Dec. 16th.
Apostille received by my sister - Dec. 19th.
Apostilled to be received by me - Jan. 3rd (due to holidays...normally 7 business days).

Total time required to get the certified CBC and apostille completed and delivered = approximately 1 month if you live in South Korea and must do everything from here.
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icnelly



Joined: 25 Jan 2006
Location: Bucheon

PostPosted: Fri Dec 21, 2007 4:55 pm    Post subject: Reply with quote

Well, I was checking up on CBCs for New York state, and it seems quite difficult. I just fired off an email to the CBC personel, but here's the gist so far:

You must have an authorized party (business, school, etc) start an account with the state. They must swear before a notary that they will follow the law in regards to your CBC.

You must complete a designee form, and some other various forms requesting a CBC. ALso, you must provide fingerprints. It seems that you must have your identity verified before getting your fingerprints taken.

Then, the information will be provided within 2-3 business day if there is no hangup.


The problem areas:

1.The authorized party will not be from NYS, and how in God's name will they swear before a notary?

2.The verification of your identity before you can have your fingerprints taken.

3.The results were not clearly defined as paper based or other. It seemed to me that it would be a phone call.

I've addressed the above issues in an email, and will post about it when I recieve word.

Here are some webpages:

New York State Government Website

New York State CBC information page

Info search for CBC

EDIT:

Just found on the NY State Police website (NY State Police FAQ) that residents can complete a packet to recieve a criminal history record or a paper-based report sighting the absence of such a history.

The packet is free but there is a $50 charge for something related Smile, and you will still have to provide fingerprints, which may lead us back to the verifying your identity when having your fingerprints taken...

Here's the main webpage for information on a personal criminal history record: NYS DCJS
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cubanlord



Joined: 08 Jul 2005
Location: In Japan!

PostPosted: Fri Dec 21, 2007 7:27 pm    Post subject: Reply with quote

Hey ICN,

Remember, you are from The United States (country), not New York (state). Korea wants a CBC from your "country". Are you understanding what I am insinuating?
Wink
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icnelly



Joined: 25 Jan 2006
Location: Bucheon

PostPosted: Sat Dec 22, 2007 7:01 pm    Post subject: Reply with quote

cubanlord wrote:
Hey ICN,

Remember, you are from The United States (country), not New York (state). Korea wants a CBC from your "country". Are you understanding what I am insinuating?
Wink


Do you mean federal vs. state? I think I hear planes going over my head...Smile What do you mean?

CBL, which check did you get: a federal one, or a state one?
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cubanlord



Joined: 08 Jul 2005
Location: In Japan!

PostPosted: Sat Dec 22, 2007 8:47 pm    Post subject: Reply with quote

icnelly wrote:
cubanlord wrote:
Hey ICN,

Remember, you are from The United States (country), not New York (state). Korea wants a CBC from your "country". Are you understanding what I am insinuating?
Wink


Do you mean federal vs. state? I think I hear planes going over my head...Smile What do you mean?

CBL, which check did you get: a federal one, or a state one?


State check. Korea wants one or the other.
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Rteacher



Joined: 23 May 2005
Location: Western MA, USA

PostPosted: Thu Dec 27, 2007 7:46 pm    Post subject: Reply with quote

bump
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Thu Dec 27, 2007 9:09 pm    Post subject: Reply with quote

In the current thread about being rejected due to new E-2 guidelines, the OP of that thread said that a simple arrest, not a conviction, got him barred from getting an E-2 by the Korean government. It is unclear whether the arrest was on a CBC or if the OP foolishly admitted he got arrested before.


So, to clear things up: Does anyone who got a CBC, whether local or FBI, see any old arrests without convictions on their CBC? In other words, if you were arrested 5 years ago, but was never convicted for whatever reason (incorrectly arrested, plea bargain to have no criminal record, found innocent in a trial, etc.), does the incident still show up on your record.

If so, another question will need to be asked of the Korean government: What are the standards for rejecting E-2 applicants based on CBCs? Convictions of a certain standard? Any conviction at all? A simple arrest?

Think about this implication: A man is arrested for robbing a supermarket, but is innocent. The police swear he did it b/c he looks like the true criminal. It goes to trial. Witnesses or video evidence place the innocent suspect at church while the crime happened. The man is cleared. But the arrest shows up on his CBC (or does it?). And now must leave Korea after teaching here for 3 years and having no criminal record anywhere in the world.

Ta da! Sparkling.
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soju pizza



Joined: 21 Feb 2007

PostPosted: Fri Dec 28, 2007 4:20 am    Post subject: Reply with quote

MODS! Make this a sticky!
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cubanlord



Joined: 08 Jul 2005
Location: In Japan!

PostPosted: Fri Dec 28, 2007 6:10 pm    Post subject: Reply with quote

bump
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Khenan



Joined: 25 Dec 2007

PostPosted: Fri Dec 28, 2007 6:59 pm    Post subject: Reply with quote

These can be done very quickly, depending on your state, if you happen to still be in the states. In Washington, I got the state Sheriff to give me a background check and notorize it, then took it by hand to the Sec. of State. Total time from start to finish was ~3 hours.
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Rteacher



Joined: 23 May 2005
Location: Western MA, USA

PostPosted: Sun Dec 30, 2007 5:06 pm    Post subject: Reply with quote

Regarding the other thread where the poster said he was rejected for having an arrest record, it's not clear to me if that indicates a zero-tolerance policy for a criminal record of any kind - or just zero-tolerance relating to felonies ...

The poster who was rejected by Immigration had been arrested and charged with burglary, which can be either felony or misdemeanor - but is usually a felony charge, I think...
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