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i have a criminal record
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kangnam mafioso



Joined: 27 Jan 2003
Location: Teheranno

PostPosted: Thu Jan 03, 2008 4:35 am    Post subject: i have a criminal record Reply with quote

does that make me untouchable and bar me from ever teaching in a korean university again?

i read somewhere that your record has to be absolutely clean. is this true or just a little hyperbole?

i have 2-3 misdemeanors dating back to college 13 years ago (pub. intox, tresspass, DWI -- no conviction).

my FBI check has allowed me to teach in the states at secondary schools and colleges, although i was questioned about the above incidents in order to teach at a middle school a few years ago.

ANYONE ELSE HAVE AN OLD MISDEAMENOR and was denied a E2 visa???
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crusher_of_heads



Joined: 23 Feb 2007
Location: kimbop and kimchi for kimberly!!!!

PostPosted: Thu Jan 03, 2008 4:58 am    Post subject: Reply with quote

In Canada you can have it removed from your record-so a regualr check it doesn't appear unless your CPN or some freak she-male like her.


I'm sorry if this doesn't help-you mean it's there permanently for something like public intoxication [a korean pastime]?
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tzechuk



Joined: 20 Dec 2004

PostPosted: Thu Jan 03, 2008 5:03 am    Post subject: Reply with quote

http://forums.eslcafe.com/korea/viewtopic.php?t=109142
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GrowlingMadScientist



Joined: 16 Jun 2007

PostPosted: Thu Jan 03, 2008 5:17 am    Post subject: Reply with quote

Are those convictions on your FBI check? If not, you're probably o.k.
If so, according to what I've heard, then you're probably screwed for an E2. However, there's so much hearsay flying around these days that I wouldn't put much stock in anything anyone says, including immigration officials.

But, as you probably know, Korea takes any sort of alcohol abuse REALLY SERIOUSLY... Man, I've never lived anywhere that's made me fall out of my chair laughing so often because of blatant hypocrisy.

If you ask me, banned=blessed.
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Homer
Guest




PostPosted: Thu Jan 03, 2008 5:25 am    Post subject: Reply with quote

If you want a University job, aren't you applying for an E-1 visa?

Anyway, you could try to have those missdemeanors removed from your record if there is such a thing like a Pardon Board (What we have in Canada).

Your "crimes" seem harmless enough and are all missdemeanors...

So, it could prevent you from getting an E-2 or it could be irrelevant to the application...you need to ask immigration youself.
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tomwaits



Joined: 05 Feb 2003
Location: PC Bong

PostPosted: Thu Jan 03, 2008 6:39 am    Post subject: Reply with quote

Not so fast on the Pardon thing,

I don't claim to have the answer for sure--well find out in the future when someone tries,

But a pardon will not say you are clean: it will say you were convicted of (say possession) but were granted a full pardon,

Pardon can make you bondable in Canada but does not guarantee us entrance to the US, We'll find out what the Koreans do about it.
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Suwoner10



Joined: 10 Dec 2007

PostPosted: Thu Jan 03, 2008 8:25 am    Post subject: Reply with quote

Most US States do not pardon adult offenses.
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IncognitoHFX



Joined: 06 May 2007
Location: Yeongtong, Suwon

PostPosted: Thu Jan 03, 2008 8:29 am    Post subject: Reply with quote

I was just thinking recently and realized that I have been *technically* arrested before. I was at a protest in my university days, things got a little out of hand (someone bit a policeman's finger off at the WTCC in Halifax) and a whole lot of us got arrested... maybe five people, some did get away. The biter is still in jail as far as I know.

They handcuffed us, drove us to the police station, questioned us, recorded our names and information, drove us back to the university and then let us ago.

Would this show up on a CRC?

*Cue paranoia*


Last edited by IncognitoHFX on Thu Jan 03, 2008 8:32 am; edited 1 time in total
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PGF



Joined: 27 Nov 2006

PostPosted: Thu Jan 03, 2008 8:30 am    Post subject: Reply with quote

Ten years in law in the US tells me that abolishing a simple offense rfom your record costs thousands and takes a long time.

if the ROK is rejecting teachers with 10 year old misdemeanors, yes, you can not work here anymore on an E-2.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Thu Jan 03, 2008 8:55 am    Post subject: Reply with quote

1. Arrests, if your fingerprints were taken, will show up on an FBI check. Not on a local check.

2. I have yet to read or hear WHAT TYPE OF OFFENSES WILL BAR YOU FROM AN E-2 VISA. No one knows as far a I can tell.

Furthermore, if arrests are on an FBI check, does the Korean system even understand western legal systems? Will they see an arrest and say "you have record. No visa!"???

This would mean innocent people who were wrongly arrested would be barred from getting an E-2 visa. It's stupid, but I can see Korea doing this.

3. There are some good threads on the site, like tzechuk posted, but the entire E-2 visa mess and the length of the rumor-filled threads are almost worth tossing out and starting over from square one.

Even Korean immigration doesn't know up from down. Mr. Lee, who wrote a newspaper article about E-2 visa, didn't have his facts straight and he passed the NY bar exam.
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kangnam mafioso



Joined: 27 Jan 2003
Location: Teheranno

PostPosted: Thu Jan 03, 2008 9:07 am    Post subject: Reply with quote

thanks for the responses. i saw the earlier thread on this but couldn't make heads or tails of it -- one person said they were denied an e2. i am curious if more people are being denied because of old misdemeanor charges (specifically non drug or sexual charges).

it would seem ridiculous to get barred from an E2 because of a 13 year old public intox charge or a DWI/non conviction.

But Korea is ridiculous in a lot of ways and they don't understand the american legal system.

in the usa, the only way to expunge records is if you were under 18 and completed a pre-trial program or the charges were later dropped. it is still a costly affair to have charges removed even though you weren't convicted.

who cares i'll just go teach in jakarta.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Thu Jan 03, 2008 9:19 am    Post subject: Reply with quote

kangnam mafioso wrote:


in the usa, the only way to expunge records is if you were under 18 and completed a pre-trial program or the charges were later dropped. it is still a costly affair to have charges removed even though you weren't convicted.


Or if you make a deal before you settle.

"If the defendant pleads guilty, pays $50 and does 10 hours of community service, his conviction will be erased after 6 months of good behavior and no additional convictions."
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kangnam mafioso



Joined: 27 Jan 2003
Location: Teheranno

PostPosted: Thu Jan 03, 2008 9:38 am    Post subject: Reply with quote

Bibbitybop wrote:
kangnam mafioso wrote:


in the usa, the only way to expunge records is if you were under 18 and completed a pre-trial program or the charges were later dropped. it is still a costly affair to have charges removed even though you weren't convicted.


Or if you make a deal before you settle.

"If the defendant pleads guilty, pays $50 and does 10 hours of community service, his conviction will be erased after 6 months of good behavior and no additional convictions."


And of course, if you know someone who works in law enforcement. I've had plenty of friends who had incidents mysteriously disappear.
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GrowlingMadScientist



Joined: 16 Jun 2007

PostPosted: Thu Jan 03, 2008 1:57 pm    Post subject: Reply with quote

Bibbitybop wrote:
1. Arrests, if your fingerprints were taken, will show up on an FBI check. Not on a local check.

2. I have yet to read or hear WHAT TYPE OF OFFENSES WILL BAR YOU FROM AN E-2 VISA. No one knows as far a I can tell.

Furthermore, if arrests are on an FBI check, does the Korean system even understand western legal systems? Will they see an arrest and say "you have record. No visa!"???

This would mean innocent people who were wrongly arrested would be barred from getting an E-2 visa. It's stupid, but I can see Korea doing this.

3. There are some good threads on the site, like tzechuk posted, but the entire E-2 visa mess and the length of the rumor-filled threads are almost worth tossing out and starting over from square one.

Even Korean immigration doesn't know up from down. Mr. Lee, who wrote a newspaper article about E-2 visa, didn't have his facts straight and he passed the NY bar exam.


If you are arrested and fingerprinted, this will show up on an FBI check ONLY if the arresting agency (local police or whatever) submits your prints to the FBI. Technically they are supposed to do this for any criminal offense, but in practice a lot of stuff of a less serious nature doesn't get sent in because they just don't have time. I was arrested and convicted 12 years ago for operating after my drivers license was suspended for not paying a speeding ticket (the suspension notice was lost in the mail and I never got it,) which strangely enough is a criminal offense, and this info was not on my FBI sheet. If you have something like this in your past, just get the FBI sheet (assuming you're in the US) and see what's on it, then you will have a better idea what your options are.
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mrsquirrel



Joined: 13 Dec 2006

PostPosted: Thu Jan 03, 2008 2:54 pm    Post subject: Reply with quote

IncognitoHFX wrote:
I was just thinking recently and realized that I have been *technically* arrested before. I was at a protest in my university days, things got a little out of hand (someone bit a policeman's finger off at the WTCC in Halifax) and a whole lot of us got arrested... maybe five people, some did get away. The biter is still in jail as far as I know.

They handcuffed us, drove us to the police station, questioned us, recorded our names and information, drove us back to the university and then let us ago.

Would this show up on a CRC?

*Cue paranoia*


From reading others posts it looks like it would turn up.
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