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For anyone wondering about a misdemeanor on their CRC...
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armbar



Joined: 29 Jan 2008

PostPosted: Fri Feb 08, 2008 9:31 am    Post subject: For anyone wondering about a misdemeanor on their CRC... Reply with quote

Hello. I have been looking on the forums for a while here because I was worried about having a misdemeanor on my CRC. So, here is my experience. I had a civil misdemeanor about 12 years ago. I think it was either public intoxication or destruction of property. At the court trial, one was dropped. the other stuck. I was given 30 days suspended jail sentence and 1 year unsupervised probation. I've had no legal problems since. Fast forward to the present...I was kind of freaking out because i wasn't sure if that would show up on my FBI CRC. I sent away and recieved it about 2 weeks later. ABSOLUTELY NOTHING showed up. I got the NO CRIMINAL RECORD stamp. Turns out civil misdemeanors WILL NOT SHOW UP on your CRC. A CRIMINAL misdemeanor will. what's the differrence? A civil misdemeanor carries a jail sentence under 1 year. A criminal misdemeanor carries a sentence over a year. At least thats how it works in Maryland and other states that do not have things like drug possession misdemeanors. As I understand, drug, sex, and violent crimes are automatic no-nos for the E2 visa. Anyway, sorry this is so long and I hope this helps and possibly eases some people's minds about their records.
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Mi Yum mi



Joined: 28 Jan 2008

PostPosted: Fri Feb 08, 2008 1:01 pm    Post subject: Reply with quote

CRIMINAL background check. A misdemenor is not a criminal offence.
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DHC



Joined: 15 Jan 2003

PostPosted: Fri Feb 08, 2008 1:28 pm    Post subject: Reply with quote

Whether or not a misdemeanor shows up on your records check depends upon whether or not the arrest was reported by the arresting agency to your state agency that records arrests or to the FBI. If it was reported it will show up. There are civil misdemeanors (also called infractions in some jurisdictions) and criminal misdemeanors. Criminal misdemeanors are crimes and are punishable by up to 1 year in jail. Infractions are not crimes and punishable by a fine.
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boogiet



Joined: 03 Mar 2006
Location: Seoul

PostPosted: Sat Feb 09, 2008 2:32 am    Post subject: The Canadian angle? Reply with quote

Hey what about for us Canadians?
I had a misdemeanor, I settled in peace bond.
After teaching for 1.5 years in Seoul, I'm now in India and looking to come back, only to see that they want the CRC now.
Anyone know about the Canadian angle?
Also, how you you get:
(In order to apply for the position at KnK, a criminal record certificate must be prepared in advance. On the criminal record, it must have internationally recognized notarization. These forms can be obtained from the secretary of State. Canadian applicants must get the notarization of criminal records from the Korean consulate.) ???
Is the Korean consulate in Mumbai okay? Or is it in Seoul?
What's the deally yo?
BT
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Mi Yum mi



Joined: 28 Jan 2008

PostPosted: Sat Feb 09, 2008 11:06 am    Post subject: Reply with quote

DHC wrote:
Whether or not a misdemeanor shows up on your records check depends upon whether or not the arrest was reported by the arresting agency to your state agency that records arrests or to the FBI. If it was reported it will show up. There are civil misdemeanors (also called infractions in some jurisdictions) and criminal misdemeanors. Criminal misdemeanors are crimes and are punishable by up to 1 year in jail. Infractions are not crimes and punishable by a fine.


My bad. I thought they only checked for mayor stuff. Good thing I don't need one:) I spent a night in jail. It involved vodka and a fight.
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Vicissitude



Joined: 27 Feb 2007
Location: Chef School

PostPosted: Sat Feb 09, 2008 12:55 pm    Post subject: Re: For anyone wondering about a misdemeanor on their CRC... Reply with quote

armbar wrote:
Hello. I have been looking on the forums for a while here because I was worried about having a misdemeanor on my CRC. So, here is my experience. I had a civil misdemeanor about 12 years ago. I think it was either public intoxication or destruction of property. At the court trial, one was dropped. the other stuck. I was given 30 days suspended jail sentence and 1 year unsupervised probation. I've had no legal problems since. Fast forward to the present...I was kind of freaking out because i wasn't sure if that would show up on my FBI CRC. I sent away and recieved it about 2 weeks later. ABSOLUTELY NOTHING showed up. I got the NO CRIMINAL RECORD stamp. Turns out civil misdemeanors WILL NOT SHOW UP on your CRC. A CRIMINAL misdemeanor will. what's the differrence? A civil misdemeanor carries a jail sentence under 1 year. A criminal misdemeanor carries a sentence over a year. At least thats how it works in Maryland and other states that do not have things like drug possession misdemeanors. As I understand, drug, sex, and violent crimes are automatic no-nos for the E2 visa. Anyway, sorry this is so long and I hope this helps and possibly eases some people's minds about their records.
Were you arrested? Those show up on your CRC and Korea will deny you an E2 visa if you have EVER been arrested for any reason whatsoever.
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Vicissitude



Joined: 27 Feb 2007
Location: Chef School

PostPosted: Sat Feb 09, 2008 1:03 pm    Post subject: Reply with quote

Mi Yum mi wrote:
CRIMINAL background check. A misdemenor is not a criminal offence.
This is the most stupid post I've ever seen on here! Rolling Eyes
Quote:
misdemeanor
noun
a crime less serious than a felony

http://dictionary.reference.com/browse/misdemeanor

a misdemeanor most definately is so a crime!
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caniff



Joined: 03 Feb 2004
Location: All over the map

PostPosted: Sat Feb 09, 2008 3:28 pm    Post subject: Reply with quote

Vicissitude wrote:
Mi Yum mi wrote:
CRIMINAL background check. A misdemenor is not a criminal offence.
This is the most stupid post I've ever seen on here! Rolling Eyes
Quote:
misdemeanor
noun
a crime less serious than a felony

http://dictionary.reference.com/browse/misdemeanor

a misdemeanor most definately is so a crime!


V is correct on this. A misdemeanor won't get you barred from employment in the States (generally), but apparently now it will in Korea.
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Kimchi Cowboy



Joined: 17 Sep 2006

PostPosted: Sat Feb 09, 2008 3:40 pm    Post subject: Reply with quote

Vicissitude wrote:
a misdemeanor most definately is so a crime!


Spelling it "definately" should be a crime.
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blaseblasphemener



Joined: 01 Jun 2006
Location: There's a voice, keeps on calling me, down the road, that's where I'll always be

PostPosted: Sat Feb 09, 2008 5:06 pm    Post subject: Reply with quote

In Canada, a felony goes on your criminal record, because a felony is a violation of the Canadian Criminal Code, while a misdemeaner isn't. So, if you have a misdemener conviction, you don't have a criminal record.
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Kimchi Cowboy



Joined: 17 Sep 2006

PostPosted: Sat Feb 09, 2008 5:22 pm    Post subject: Reply with quote

Slightly off-topic...

A woman from BC was trying to fly to Mexico via Seattle with her 4-year-old daughter. She was stopped by US Customs officials at the Seattle airport who questioned her about a misdemeanor shoplifting charge she had picked up when she was 18 - eleven years ago. After being detained and separated from her daughter for two hours, she was told she wouldn't be allowed to enter the US and was being sent back to Canada.


--> edit <---

Story here.


Last edited by Kimchi Cowboy on Sat Feb 09, 2008 7:25 pm; edited 1 time in total
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blaseblasphemener



Joined: 01 Jun 2006
Location: There's a voice, keeps on calling me, down the road, that's where I'll always be

PostPosted: Sat Feb 09, 2008 7:06 pm    Post subject: Reply with quote

Kimchi Cowboy wrote:
Slightly off-topic...

A woman from BC was trying to fly to Mexico via Seattle with her 4-year-old daughter. She was stopped by US Customs officials at the Seattle airport who questioned her about a misdemeanor shoplifting charge she had picked up when she was 18 - eleven years ago. After being detained and separated from her daughter for two hours, she was told she wouldn't be allowed to enter the US and was being sent back to Canada.


Good 'ol u s of a!

link?
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Vicissitude



Joined: 27 Feb 2007
Location: Chef School

PostPosted: Sat Feb 09, 2008 10:05 pm    Post subject: Reply with quote

Kimchi Cowboy wrote:
Vicissitude wrote:
a misdemeanor most definately is so a crime!


Spelling it "definately" should be a crime.
Yes and spelling mistakes should count as a felony punishable by death. I'm sure we would all be dead by now and you'd be the only one left because you've never made a spelling error in your entire life. Rolling Eyes
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Vicissitude



Joined: 27 Feb 2007
Location: Chef School

PostPosted: Sat Feb 09, 2008 10:11 pm    Post subject: Reply with quote

blaseblasphemener wrote:
In Canada, a felony goes on your criminal record, because a felony is a violation of the Canadian Criminal Code, while a misdemeaner isn't. So, if you have a misdemener conviction, you don't have a criminal record.
Oh this is really interesting. Aren't there some areas where smoking a joint is considered a misdemeanor? Help me out here. I can't remember the Canadian law on that topic but I do recall that the law changed making it basically okay to smoke a joint. And what about arrests? Are they included on your CRC?
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armbar



Joined: 29 Jan 2008

PostPosted: Wed Feb 20, 2008 10:33 pm    Post subject: Reply with quote

apparently, my state didn't report i to the fbi. it showed up on my state check, but not my federal check. s, i'm going with the federal fbi check to get a job.
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