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abedefduf
Joined: 15 Jan 2008
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Posted: Sun Jul 06, 2008 11:42 am Post subject: slight problem with background check |
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my friend who wants to go over is worried about submitting his background check. he got caught with a tiny amount of weed a long time ago, and apparently it still is showing up even though it was supposed to have been wiped clean or something, from what i understand it is the most mild, least serious thing of this nature whichyou can recieve and is generally not considered a big deal, but hes worried that he will not be accepted because of it. this occured about 3-4 years ago.
anyone have any experience with this kind of thing? is it a dealbreaker, or is there some way to get around it? |
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Ramen
Joined: 15 Apr 2008
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Posted: Sun Jul 06, 2008 1:27 pm Post subject: Re: slight problem with background check |
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abedefduf wrote: |
anyone have any experience with this kind of thing? is it a dealbreaker, or is there some way to get around it? |
Yes, it's a dealbreaker. |
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icicle
Joined: 09 Feb 2007 Location: Gyeonggi do Korea
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Posted: Sun Jul 06, 2008 1:47 pm Post subject: |
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His only option is going to be getting it cleared from his record (which you said was what should have happened anyway) and then requesting a new criminal record check. Drug charges of any kind on the CRC are one of the things which will stop him from being given the E2 visa. One of the few guaranteed deal breakers. |
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DrOctagon

Joined: 11 Jun 2008 Location: Chicago
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Posted: Sun Jul 06, 2008 1:49 pm Post subject: |
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Tell your friend to inquire about getting it off of his record. I'm sure there's a way ($$$). Especially if he says that it was supposed to be "wiped clean."  |
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nolegirl
Joined: 17 Apr 2008
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Posted: Sun Jul 06, 2008 2:21 pm Post subject: |
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I just PMed you, hope it helps |
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Tobias

Joined: 02 Jun 2008
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Posted: Sun Jul 06, 2008 5:05 pm Post subject: A long time ago |
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Three or four years ago is a "long time ago"?
The "something" you're talking about is called an expungement. In some states in the US, one can get his record expunged. In others, there is no removing a black mark no matter how much time has elapsed since the conviction.
I know guys with minor misdemeanors who can no longer get the E-2, and they were convicted 20 years ago or more. One shoplifted 10 bucks in grub. Well, he should have freeze dried that shit and saved it, as it is costing him a lot more than ten bucks today.
Immi doesn't care if it was "long ago" or that it was a "teeny little bit" (an opinion). They care only if one has a blackmark or not. It's like being pregnant. You are or you aren't. You either have a clean record or you don't.
If the guy lives in the US, he may be able to expunge this. He may not, though. Check with a lawyer in the jurisdiction where he was convicted.
And by the way....an expungement doesn't wipe one's record totally clean. Law enforcement agencies such as the FBI can still see any and all criminal convictions. An expungement simply blocks public access to one's black marks. |
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I-am-me

Joined: 21 Feb 2006 Location: Hermit Kingdom
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Posted: Sun Jul 06, 2008 7:41 pm Post subject: |
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Tell him to go to another state and get one. Seems to work for most people here.  |
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nautilus

Joined: 26 Nov 2005 Location: Je jump, Tu jump, oui jump!
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Posted: Sun Jul 06, 2008 8:14 pm Post subject: |
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I-am-me wrote: |
Tell him to go to another state and get one. Seems to work for most people here.  |
Really? In UK you can only get a check from one county- the one you first registered.
Otherwise you need a national check. |
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Ramen
Joined: 15 Apr 2008
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Posted: Sun Jul 06, 2008 10:53 pm Post subject: |
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I-am-me wrote: |
Tell him to go to another state and get one. Seems to work for most people here.  |
This is why a national check is required. Are you listening K-immigration?  |
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sjv8603
Joined: 27 Jun 2008 Location: busan
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Posted: Tue Jul 08, 2008 4:01 pm Post subject: |
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background check from another state will probably not work as there is a place on background checks called "III status" which details any criminal activity in the other 49 states. If you live in a state where you can get a county or local police check, try that in county or PD outside of where the incident took place. |
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