Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

"Charged" with a crime?

 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
Old Surrender



Joined: 28 Mar 2009

PostPosted: Tue Dec 15, 2009 1:42 am    Post subject: "Charged" with a crime? Reply with quote

I'm going through the EPIK application and it asks if I were ever charged with a crime. I was charged with a DUI about 7 years ago, did a diversion (basically stay out of trouble for a year, charges are dropped, no criminal record) so my criminal record is clean.

So my question is this: How will they know if I was ever charged with a crime if I have a clean criminal record? And if I do answer honestly, will my application be rejected?

Thanks!
Back to top
View user's profile Send private message
themagicbean



Joined: 04 Feb 2009

PostPosted: Tue Dec 15, 2009 1:46 am    Post subject: Reply with quote

Answer honestly and you will probably be rejected.

Even diverted /expunged crimes leave a record. When you get your background check specify it's for a third-party employer. If the crime shows up, get a different one instead of handing that one in.

One person applied to my hagwon. He had a very small theft crime expunged 5 years ago. Immigration told him he couldn't come in.
Back to top
View user's profile Send private message
jmuns



Joined: 09 Sep 2009
Location: earth

PostPosted: Tue Dec 15, 2009 1:51 am    Post subject: Reply with quote

if it was expunged then its not on your record, because it has been expunged. nothing to worry about.
Back to top
View user's profile Send private message
sulperman



Joined: 14 Oct 2008

PostPosted: Tue Dec 15, 2009 1:57 am    Post subject: Reply with quote

Agreed. What is the point of expunging something just to go on and tell everybody about it? The government agreed not to tell anybody, why should you?

Don't mention it.
Back to top
View user's profile Send private message
Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Tue Dec 15, 2009 3:05 am    Post subject: Reply with quote

jmuns wrote:
if it was expunged then its not on your record

If you have any friends who are in law enforcement, they can tell you this is not true.
Back to top
View user's profile Send private message
usaenglish13



Joined: 15 Jun 2009

PostPosted: Tue Dec 15, 2009 4:10 am    Post subject: Reply with quote

^ how to be consistently annoying in one easy step.
Back to top
View user's profile Send private message
bacasper



Joined: 26 Mar 2007

PostPosted: Tue Dec 15, 2009 5:06 am    Post subject: Reply with quote

You have a choice here: indulge your pathological honesty and lose the chance to work in Korea, or "expunge" the charge from your memory.

Apparently honesty disqualifies one from being a GEPIK teacher.

To answer your questions: they will only know if you tell them; and if you do so, you will be rejected. But if you can't resist Jiminy Cricket, you should probably look elsewhere.

What if they asked if you ever lied to your mother?
Back to top
View user's profile Send private message
Old Surrender



Joined: 28 Mar 2009

PostPosted: Tue Dec 15, 2009 11:40 am    Post subject: Reply with quote

Hmm. I guess I'll be dishonest. Confused
Let's see how karma bites my butt a few years from now. Razz
Thanks, guys.
Back to top
View user's profile Send private message
Kaypea



Joined: 09 Oct 2008

PostPosted: Tue Dec 15, 2009 4:33 pm    Post subject: Reply with quote

Young FRANKenstein wrote:
jmuns wrote:
if it was expunged then its not on your record

If you have any friends who are in law enforcement, they can tell you this is not true.


Mmm yeah, but how could it turn up in a criminal record check, if there's no criminal record?

Are the checks more stringent in some places? I think for a Canada check, as long as you've never been formally charged it's fine. Doesn't matter if you've been arrested a bunch of times or something, just as long as you never got charged in a court.
Back to top
View user's profile Send private message
nathanrutledge



Joined: 01 May 2008
Location: Marakesh

PostPosted: Tue Dec 15, 2009 4:58 pm    Post subject: Reply with quote

I had some fun in college, 12 counts of fun to be exact. I did diversion because it was supposed to result in the case being dropped and not being on the record.

HA! It showed up on one record but not on another, partially on a third.... it's really hit or miss. Criminal records are a matter of public record and in this county, they published them online. For a while (about 3 years after the fact) you could search my name and see my 12 counts of mischief on their, but they all said dismissed under disposition.

Now one of my friends was a county sheriffs deputy and HE searched my name and it showed all of those PLUS my negligent driving from my 23+ MPH speeding ticket from when I was 16.

My partner in crime from the 12 counts went on to work for the department of corrections and from HIS state database, none of it is shown, but from looking at other people we know, it DOES show SOME past transgressions.

Long story short, the line "my buddy is a cop and they know all the records" doesn't cut it, at least in the US. The federal system with different states, counties, and city jurisdictions, it really is a hit or miss as to what gets reported to whom how long after the fact and how long it will stay there. Just my two cents.
Back to top
View user's profile Send private message
blonde researcher



Joined: 16 Oct 2006
Location: Globalizing in Korea for the time being

PostPosted: Tue Dec 15, 2009 9:37 pm    Post subject: Reply with quote

If NOTHING is showing on your legitimate state police check then you have nothing to declare anywhere or at any time.

If the previous charge is on your police check then you will have to declare this, even if it was dismissed, simply because the immigration are expecting to find NOTHING on your police check.

If they find anything written on it they will get curious and apply Korean logic thinkin "where there is smoke there must have been fire".
He does not have a clean record- NO VISA
Back to top
View user's profile Send private message
themagicbean



Joined: 04 Feb 2009

PostPosted: Tue Dec 15, 2009 10:14 pm    Post subject: Reply with quote

IAAL, former prosecutor, we need to settle this "expunged" thing:

EVERYTHING is on a record somewhere. If a police officer walked by and said hi to you, that's written down somewhere as a "consensual encounter." If you were six, charged with stealing gum, and the charges were dismissed, all of that is on a record.

An "expunged" crime is most certainly still there ... it's just a matter of who can see it. In the US only a few select employers (law enforcement, maybe some schools) can see the WHOLE record including expungments

I know. I went through an extensive background check and swore to only use information relevant to cases I was prosecuting and to not use--or even access--the records otherwise.

The problem is when you request your own records--all the privacy protections are gone because, duh, you don't keep secrets from yourself. Thus you have to be specific, try to get them to give you the record that a third party would get--the nice clean one. That's the point of expungement, to remove the disability that results from the conviction of a crime. So make sure you get the clean record and submit it and as far as I'm concerned you're morally justified. Just IMHO, though.
Back to top
View user's profile Send private message
buckeye101



Joined: 09 Nov 2009

PostPosted: Tue Dec 15, 2009 10:31 pm    Post subject: Reply with quote

if you hand in to your recruiter a state record check and its clean does Korean immigration do their addictional search on you? it sounds like it from reading this
Back to top
View user's profile Send private message
hellofaniceguy



Joined: 10 Jan 2003
Location: On your computer screen!

PostPosted: Wed Dec 16, 2009 12:56 am    Post subject: Reply with quote

Don't ask....don't tell...works for the military folks!
Back to top
View user's profile Send private message
nautilus



Joined: 26 Nov 2005
Location: Je jump, Tu jump, oui jump!

PostPosted: Wed Dec 16, 2009 2:17 am    Post subject: Reply with quote

Koreans can commit all the same petty crimes in this country and go unnoticed. Drinking and driving? fairly commonplace and you'd be unlucky to get checked.
urinating in the street? Public indecency? ha.
Drunk and disorderly? Korean police ignore it.
Same goes for soliciting prostitutes. An overlooked daily part of the culture here.

So you can have a western "criminal" who is actually far more law abiding than the averae Korean.
Ultimately Korea will end up with only the most innocent and whiter than white westerners in their country. Maybe they'll be forcd to stop branding us as lawbreakers then?
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International