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Criminal Record Check
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jadarite



Joined: 01 Sep 2007
Location: Andong, Yeongyang, Seoul, now Pyeongtaek

PostPosted: Tue Mar 11, 2008 12:40 pm    Post subject: Criminal Record Check Reply with quote

I am from America, but I live in Korea now. I want to get a criminal check, but at http://apps.michigan.gov/ichat/home.aspx I only see online checks.

Is this doable, or do I need to go somewhere else to get something "official" stamped? Do I go somewhere in Korea (another country like Japan) and pay the $10 mentioned?

I am hoping for anything besides "You have to go back to America" LOL, and yes I have an E2 visa already if that helps.
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Cracker006



Joined: 11 Feb 2008

PostPosted: Tue Mar 11, 2008 6:59 pm    Post subject: Reply with quote

Go to the FBI website http://www.fbi.gov/hq/cjisd/fprequest.htm

Download their "Cover-Letter". Fill in the blanks with your name, address, etc, why you want the CRC. You will probably want to have it sent to someone back home, so they can handle the apostille.

Print.

Download the standard fingerprint form (FD-258)

Print multiple copies incase there's a mistake

Take it to your local police Headquarters office in what ever part of Korea you're staying. Get your finger prints taken at least 2x to make sure there aren't any errors. Be prepared to argue with them a little and explain that this is for the FBI, not for anyone in Korea.

Go to your bank and get a Bankers Check or Money Order for $18USD made out to the U.S. Treasury. It will cost you about 26,000W

Mail the Cover letter, Fingerprint Cards, and money to:

FBI CJIS Division � Record Request
1000 Custer Hollow Road
Clarksburg, West Virginia 26306

On the OUTSIDE of the envelope, you need to put the date you need it by (allowing 3-4 weeks for processing). Get it sent to someone who can either send it to you, or send it to get an apostille.

Once that person recieves it... you have two options.

(1) You can have it sent to the Authentications Office, Department of State, 518 23rd St., N.W., Washington, D.C. 20520, (202) 647-5002. They handle federal documents. The cost is $5 and you need to include a cover letter explaining why you want it apostilled.

(2) You can have it sent to you here in Korea. Then you write an affidavit, swearing the information contained in the CRC is true and correct to the best of your knowledge. You take the AFFIDAVIT to the Embassy. Sign it, and have them notarize THAT and give an apostille for the AFFIDAVIT. They will not notarize a CRC.

I mailed my CRC on Feb 15th, for 16,000w.
Arrived Feb 19th to the FBI
Arrived Mar 7th at my parents house
Mailed to me in Korea and I'm waiting
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Tue Mar 11, 2008 7:07 pm    Post subject: Reply with quote

Cracker006:

Everything you posted is correct EXCEPT the following:
Quote:
(1) You can send it to the Authentications Office, Department of State, 518 23rd St., N.W., Washington, D.C. 20520, (202) 647-5002. They handle federal documents. The cost is $5 and you need to include a cover letter explaining why you want it apostilled.

The U.S. Department of State will not issue an apostille for an FBI criminal record check.

This has been confirmed by correspondence with the State Department Authentications Office, as well as the personal experiences of forum posters.

The State Department guidelines for authentications (posted on their website) state that a document must be issued under the seal of a federal agency and bear an official's signature to be eligible for an apostille. The FBI check does not bear a seal or signature, and thus the State Department will not apostille it.

To get an FBI CRC apostilled, check with the relevant department in your home state. The federal government will not do it. Or, as you stated in (2), you can execute an affidavit at the embassy attesting to the authenticity of the CRC, attach the CRC, and have it notarized at the embassy.
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agoodmouse



Joined: 20 Dec 2007
Location: Anyang

PostPosted: Tue Mar 11, 2008 7:51 pm    Post subject: Reply with quote

In any case, you've all been helpful, as this is the most lucid description of the steps one needs to take to get this part of the bigger process done.
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jadarite



Joined: 01 Sep 2007
Location: Andong, Yeongyang, Seoul, now Pyeongtaek

PostPosted: Wed Mar 12, 2008 1:19 pm    Post subject: Reply with quote

Well, I am not under any time constraints. So, since someone has replied with some detailed info and this is in the early stages, I'll try to go ahead with it and see who or what gets in my way, lol.

Thank you very much.

One question I have is what constitutes an affidavit? Do I need to print one out and fill it in, or is it simpler being just a letter signed stating everything is accurate?
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Cracker006



Joined: 11 Feb 2008

PostPosted: Wed Mar 12, 2008 4:00 pm    Post subject: Reply with quote

I *think* it's just a letter, because I spent a long time looking online for a form. I didn't see anything that matched what I wanted, even closely. I tried "Affidavit of truth" and "Affidavit of disclosure"... both of which came up with something totally wrong.
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Wed Mar 12, 2008 5:52 pm    Post subject: Reply with quote

It's not just a letter. The legal form has to be correct or the Embassy will not notarize it.

Example affidavit and instructions here: http://forums.eslcafe.com/korea/viewtopic.php?p=1485586#1485586
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Lekker



Joined: 09 Feb 2008
Location: Seoul

PostPosted: Wed Mar 12, 2008 11:41 pm    Post subject: Reply with quote

Did you look at the site I posted up? I think that would be the most sufficient way to get an apostile.

Someone else told me to write out an affidavit report myself, and take it to the U.S. Embassy and have them apostile that?

Sounds sketchy to me.
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Thu Mar 13, 2008 12:53 am    Post subject: Reply with quote

Lekker wrote:
Did you look at the site I posted up? I think that would be the most sufficient way to get an apostile.

Someone else told me to write out an affidavit report myself, and take it to the U.S. Embassy and have them apostile that?

Sounds sketchy to me.

You write out an affidavit, and then take it to the U.S. Embassy and sign it in the presence of a consular official. The official will then notarize the affidavit.

This is the exact procedure that the Canadian Embassy is advising Canadians in Korea to use with their police checks. The only difference is that the document for Canadians is a "statutory declaration" rather than an affidavit. They fulfill the same purpose.

There's nothing "sketchy" about it.
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Lekker



Joined: 09 Feb 2008
Location: Seoul

PostPosted: Thu Mar 13, 2008 2:12 am    Post subject: Reply with quote

If I am mistaken correct me.

An affidavit is a written statement that describes a criminal act, which has to be written out by a police officer. I am not a police officer. That is why this sounds sketchy to me.
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Thu Mar 13, 2008 2:17 am    Post subject: Reply with quote

What you describe is one specific form of affidavit, an affidavit of criminal complaint.

An affidavit is a sworn written statement attesting to a fact or fact. In this particular case, you need to execute an affidavit swearing that:
  1. You are the person named in the criminal check;
  2. You obtained the criminal check from a legitimate source, namely (agency);
  3. The criminal check is true and correct to the best of your knowledge and belief.
Again, take a look at the link I provided above. It gives an example of the type of affidavit you need.
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Lekker



Joined: 09 Feb 2008
Location: Seoul

PostPosted: Thu Mar 13, 2008 7:36 am    Post subject: Reply with quote

Okay,

First off, many thanks for your help so far.

Now for some information regurgutation.

1. I have a criminal background check produced. An online one from a legitimate source is okay?

2. I then take the CRC along with an affidavit that I have done myself to a consular official, along with my passport.

3. The official will then notarize the affidavit.

So it doesn't have to have an apostile Seal on it? I'm still confused here.
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Cerriowen



Joined: 03 Jun 2006
Location: Pocheon

PostPosted: Fri Mar 14, 2008 1:29 am    Post subject: Reply with quote

I heard a rumor that the Embassy doesn't *have* an apostille stamp, and will only notarize things... but not the final step.

Is that just gas in the wind, or has anyone else heard this?
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Fri Mar 14, 2008 1:36 am    Post subject: Reply with quote

It's true: the Embassy will not issue an apostille. They will only notarize a document for you. BUT:

An affidavit with embassy/consular notarization serves in place of an apostille to authenticate a document.

In other words, if you do an affidavit and get it notarized at the embassy, you're done. No apostille needed.
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Cerriowen



Joined: 03 Jun 2006
Location: Pocheon

PostPosted: Fri Mar 14, 2008 3:30 am    Post subject: Reply with quote

Ut videam wrote:
It's true: the Embassy will not issue an apostille. They will only notarize a document for you. BUT:

An affidavit with embassy/consular notarization serves in place of an apostille to authenticate a document.

In other words, if you do an affidavit and get it notarized at the embassy, you're done. No apostille needed.


Have I told you lately that you're awesome? Mr. Green
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