Korean Job Discussion Forums

[UncleAlex]

I'm curious whether any criminal conviction, regardless of its nature and severity and moment in time, nullifies an E2 visa application. I'm concerned because my CRV document from the RCMP shows a possession of marijuana charge from the time I was a 17 year old high school student. The sentence was just a $50 fine. But to the Korean immigration officials my crime and conviction may be tantamount to a very grave offence such as drug trafficking. I may also be viewed as a potential threat to Korean society, notably children, although I've been teaching in Korea since 1994 and have no criminal background on the peninsula.

An agent at the Canadian embassy in Seoul told me that it's uncertain whether my visa application will be rejected, but the authorities here are more concerned with such offences having occurred within the past five years. My conviction was in 1974 as a teenager. (A cop frisked me for cigarettes and found some other substance in my Export A package: a random search at lunch time in front of my high school. I'd hate to think that this unfortunate fluke may bar me from continuing to teach in Korea. We know how superficial the bureaucrats in this country can be.)

At any rate, I called the Seoul Immigration Office and spoke to a counselor who had an excellent command of the English language thanks to a former pot smoker like myself. Even she couldn't tell me for sure whether my visa application would be revoked. Apparently there is no set policy. It all boils down to the whims and judgments of the individuals who are in charge of our applications. Curly might have his visa application rejected by Han sol on account of his messy divorce, whereas Larry and Moe may have their applications accepted by Min-su and Seul-ki on account the two agents just returned from a pleasant honeymoon in Guam. This is scary: no fixed policy or absolute standard with respect to treating the nature of a criminal conviction and other surrounding circumstances. Yet there is hope. The agent told me that she suspects the Ministry of Justice won't reject my application because of the little gravity of the crime and my age at the time of the arrest. She also pointed out that things may go in my favour because I have lived and worked in Korea for almost fourteen years.

Is there anyone out there who knows of someone who was in a similar predicament? Or is anyone aware of how Immigration views and treats applicants with a minor drug possession rap?

[Bibbitybop]

I read last year that any drug conviction, or even a drug arrest (which may show up on an FBI check, don't know 'bout Canada), would disqualify you.

I had reservations about this as someone who was wrongly arrested and cleared of wrongdoing later could be barred from working.

But this was when no one knew what was happening with the changes, even the immigration offices themselves, and they still don't have their heads out of their asses.

[DongtanTony]

The conviction was in '74??

Minor possession...as a minor no less...chances are it was tossed off "radar" long ago.

There is a distinction for Americans and the FBI background check however (Canada may be similar).

Honestly...the FBI check (for Americans) DOES NOT pop up every little offense. The FBI check will pop criminal misdemeanor convictions (as well as felonies of course) as opposed to civil misdemeanor convictions....the distinction, was there a jail sentence attached to your criminal case.

In many cases, showing up to court, pleading guilty or no contest, paying your fine, without a jail sentence (even if it is suspended), means that your conviction more than likely qualifies as a civil misdemeanor (again, Canada may be similar???).

State background checks will pop up EVERYTHING...the FBI check normally does not.

But come on OP...1974...as a minor (were you considered a minor under Canadian law?)...plus you've been working here since '94...I wouldn't lose too much sleep over it.

[IlIlNine]

[newteacher]

I don't think anybody really knows. Like I posted on my other thread there's a little bit of fine print on the hikorea site that states "Exceptions are made if the nature of the crime is light and does not affect their ability as a teacher."

Don't let that get your hopes up though, I would guess that because of Korea's rather archaic views on drugs, they would consider a 35 year old drug conviction as something that would affect your teaching ability.

Too bad you're not from Maine, it wouldn't even show up on your record if you were caught with anything less than an ounce there.

[DongtanTony]

NewTeacher...I'm assuming that was in reference to some of my other postings...since of course, I am from Maine.

Less than an ounce and a quarter actually...is considered a civil offense, as long as it's not separated into individual "containers."

It will show up on a state check...civil offenses do not show on an FBI CBC.

[UncleAlex]

I'll see if I can get the record expunged. But in Canada criminal records stick from the age 16 and up. My finger prints were taken at the time of the arrest and they showed up with the RCMP when they matched with those on my application. The Korean officials will obviously judge my case according to their societal values. It's possible that a minor possession rap can lead to a couple of years in prison here. Thanks for your input.

[newteacher]

[bassexpander]

[Hollywoodaction]

[Hanson]

I had a minor brush with the law when I was 17. I was told at the time that it would never appear on any criminal record since I was a minor at the time. I'm Canadian. We'll see soon enough.

[bassexpander]

http://www.youtube.com/watch?v=KGNYM_cRMsU

[eddie1983man]

The OP was charged in 1974. During this time the Act that governed the prosecution of minors in Canada was the Juvenile Delinquents act (JDA). This act stipulates that the maximum age of a minor is 16 years of age.

Since he was charged as an adult as prescribed by canadian law in the Juvenile delinquent act, the charge is still on his permanent record.

The Young offenders act (YOA) replaced the JDA in 1985 i believe, which raised the maximum age of a minor to 17. This is why the other poster who mentioned he was charged when he was seventeen can expect to have his youth record destroyed after he turned 18 (or 5 years) cant remember exactly.

In 2003 the YOA was ammended once again, which is now known as the Youth Criminal Justice Act (YCJA).

just wanted to clarify for people why this is still on your record.

[UncleAlex]

[laconic2]

The only way to know what your criminal record is going to show is to get a copy and review it.

Also, I do not agree with the distinction made above regarding criminal and civil misdemeanors. If the charge was originally a violation of the penal code of a particular state, even with a resulting suspended sentence, the misdemeanor conviction would stand as a criminal conviction.

My guess is Korean Immigration is going to be paying very close attention to how the charge and disposition read on the criminal history, i.e., if it shows a drug charge and conviction, I would not be betting the farm on being able to teach legally in Korea.