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nene
Joined: 11 Jun 2005
Location: Samcheok, Gangwon-do
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 Posted: Thu Mar 06, 2008 11:34 am Post subject: State/Federal US criminal background check |
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Apologies if this has been covered - I can't find it.
I'd like to return to Korea to teach for another year, but I have a DWAI (drunk driving) arrest/conviction on my record from 2000. A state criminal record check reveals this. My question is, would an FBI check? How about a CRC from another state? |
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cbclark4
Joined: 20 Aug 2006
Location: Masan
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| Posted: Thu Mar 06, 2008 4:41 pm Post subject: |
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Do the other state.
The state probably requires some proof of residency.
All you have to do is meet the requirement.
There is a gotcha though.
If they do a further check on you somehow and discover your DUI,
you could be charged with immigration fraud.
Taiwan is paying good these days. |
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plus99
Joined: 30 Dec 2007
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| Posted: Fri Mar 07, 2008 10:29 am Post subject: |
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| i dont think it works like that. i dont think "they" can do any further checks without your permission. this CRC stuff is a total joke. |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Fri Mar 07, 2008 4:01 pm Post subject: |
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| It's just one more hurdle for legal teachers and one more thing the illegals can laugh about. |
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blonde researcher
Joined: 16 Oct 2006
Location: Globalizing in Korea for the time being
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| Posted: Fri Mar 07, 2008 6:54 pm Post subject: |
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A FBI record will definitely show it as they collect all arrests from all the states. All that is recorded on the rFBI eport is 'arrest record found'. This could be a misdemeanor or a major crime. So how you explain the arrest, or declare it to start with, is up to you. But be aware the immigration has the power to investigate the arrest record if they suspect anything [or just say NO].
Plus I have recently heard that immigration is now looking carefully at all police records coming in, apostilled or not, that could have been tampered with or have a word or detail removed. |
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plus99
Joined: 30 Dec 2007
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| Posted: Fri Mar 07, 2008 9:46 pm Post subject: |
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what do you mean by "investigate the arrest record?"
you have to give permission for them to do a background check, thats why we give these things to them and not vice versa. |
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Ut videam
Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do
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| Posted: Sat Mar 08, 2008 4:16 am Post subject: |
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| blonde researcher wrote: |
| All that is recorded on the rFBI eport is 'arrest record found'. This could be a misdemeanor or a major crime. So how you explain the arrest, or declare it to start with, is up to you. But be aware the immigration has the power to investigate the arrest record if they suspect anything [or just say NO]. |
Rubbish. If you have NO arrest record, the FBI merely sends back your fingerprint card stamped "No Record Found." If there is a record associated with your fingerprints, the FBI sends a copy of your Identification Record. As for what is contained in that record,
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| An FBI Identification Record, often referred to as a Criminal History Record or Rap Sheet, is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization, or military service. If the fingerprints are related to an arrest, the Identification Record includes name of the agency that submitted the fingerprints to the FBI, the date of arrest, the arrest charge, and the disposition of the arrest, if known to the FBI. |
(source: http://www.fbi.gov/hq/cjisd/fprequest.htm)
That's a whole lot more than just "arrest record found." |
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blonde researcher
Joined: 16 Oct 2006
Location: Globalizing in Korea for the time being
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| Posted: Sat Mar 08, 2008 7:01 pm Post subject: |
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The last part of the sentence is what you missed -" if known to the FBI"
Sometimes the full national FBI check does not pick up the full details of a state arrest, and in these circumstances the report simply says " arrest record found" [with no additional details]
These are the exact words recorded in an acquaintance's FBI report just last week. He had a DUI class 4 misdemeanor. He was called upon to explain the arrest some more, but fortunately he had mentioned this arrest in his public school application form and was allowed a visa. |
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Ut videam
Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do
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| Posted: Sat Mar 08, 2008 7:15 pm Post subject: |
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I didn't miss anything. In your first post, you made an illicit jump from particular (one guy's report said "arrest record found") to the universal (all any FBI report will say is "arrest record found"). Your information would be far more helpful if you didn't make that leap.
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| Be aware that an FBI report may not include any details of an arrest; it may just state "Arrest record found." |
is far more accurate and useful than
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| All that is recorded on the rFBI eport is 'arrest record found'. |
Last edited by Ut videam on Sat Mar 08, 2008 8:07 pm; edited 1 time in total |
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Adventurer
Joined: 28 Jan 2006
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| Posted: Sat Mar 08, 2008 7:48 pm Post subject: |
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| blonde researcher wrote: |
The last part of the sentence is what you missed -" if known to the FBI"
Sometimes the full national FBI check does not pick up the full details of a state arrest, and in these circumstances the report simply says " arrest record found" [with no additional details]
These are the exact words recorded in an acquaintance's FBI report just last week. He had a DUI class 4 misdemeanor. He was called upon to explain the arrest some more, but fortunately he had mentioned this arrest in his public school application form and was allowed a visa. |
I have heard conflicting information, but I have heard indirectly from some immigration people that a person with a DUI/DWI can get a job in Korea as a teacher. I know I read of someone getting rejected, but an immigration official told my manager that they will accept someone with a DWI if no major harm was caused to someone. Of course, that would make sense, but I don't know how immigration officials deal with this exactly across the board nor do I know how the FBI check deals with such misdemeanors. |
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