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Arrested but not charged for possession: can I get an E2?

 
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curlygirl



Joined: 26 Mar 2007
Location: Pundang, Seohyeon dong

PostPosted: Thu Feb 18, 2010 6:27 pm    Post subject: Arrested but not charged for possession: can I get an E2? Reply with quote

An American acquaintance of mine wants to come and teach in Korea. A few years back she was arrested for marijuana possession. The charges were dropped and not recorded, so she was not prosecuted.

However, she is worried that the arrest will show up on her criminal background check. IF this happens will immigration automatically throw out her application for an E2 or is it at their discretion?

Is there any background check available from America which will not show up arrests when the charges are dropped?

Thanks in advance for your input.
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ChilgokBlackHole



Joined: 21 Nov 2009

PostPosted: Thu Feb 18, 2010 6:40 pm    Post subject: Reply with quote

The only way to find out for sure is for her to get a background check on herself, open it up, and read it.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Feb 18, 2010 6:46 pm    Post subject: Re: Arrested but not charged for possession: can I get an E2 Reply with quote

curlygirl wrote:
An American acquaintance of mine wants to come and teach in Korea. A few years back she was arrested for marijuana possession. The charges were dropped and not recorded, so she was not prosecuted.

However, she is worried that the arrest will show up on her criminal background check. IF this happens will immigration automatically throw out her application for an E2 or is it at their discretion?

Is there any background check available from America which will not show up arrests when the charges are dropped?

Thanks in advance for your input.


Get a CBC, then you will know for sure.

If it is clean then you/she/they can get an E2.

IF there is ANYTHING that appears on the CBC then the E2 application WILL be rejected out of hand by immigration. Discretion is NOT something that they even consider. Black and white, no shades of gray.

.
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hagwonnewbie



Joined: 09 Feb 2007
Location: Asia

PostPosted: Thu Feb 18, 2010 9:30 pm    Post subject: Reply with quote

In the US, a CBC is a record of convictions, not arrests. I think it's different in Canada and other countries.

No worries.
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ChilgokBlackHole



Joined: 21 Nov 2009

PostPosted: Thu Feb 18, 2010 10:35 pm    Post subject: Reply with quote

hagwonnewbie wrote:
In the US, a CBC is a record of convictions, not arrests. I think it's different in Canada and other countries.

No worries.

You can *get* an arrest record if you want it.

In our system of justice we basically have to get arrested before anyone can ask us any questions. This means you can arrest anyone at anytime for anything.
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hellofaniceguy



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

PostPosted: Thu Feb 18, 2010 10:42 pm    Post subject: Reply with quote

You're asking the wrong folks...only immigration can answer that....and it's 50/50 depending on who interviews you and what your story is. Some have been approved and some have not.
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hockeyguy109



Joined: 22 Dec 2008
Location: Daegu

PostPosted: Fri Feb 19, 2010 12:38 am    Post subject: Reply with quote

To answer your question, if they are from the USA then they are fine. My "friend" had something similar happen to them (but not with drugs) and it was never put on his record. Relax, all is well.
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slothrop



Joined: 03 Feb 2003

PostPosted: Fri Feb 19, 2010 1:06 am    Post subject: Reply with quote

edit

Last edited by slothrop on Tue Apr 17, 2012 7:52 am; edited 1 time in total
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air76



Joined: 13 Nov 2007

PostPosted: Fri Feb 19, 2010 1:36 am    Post subject: Reply with quote

Just get a background check from the State Patrol, it's like 10 bucks, and then see what it says. There is no special background check you can get that omits information that you don't want to see.

My guess is that it won't be on there.
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curlygirl



Joined: 26 Mar 2007
Location: Pundang, Seohyeon dong

PostPosted: Fri Feb 19, 2010 2:21 am    Post subject: Reply with quote

Thanks for all the responses. My pal is going to take the "wait till the cbc arrives, read it then weep" approach. Fingers crossed that nothing shows up.
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stoopidfan14



Joined: 20 Dec 2009

PostPosted: Fri Feb 19, 2010 4:34 am    Post subject: Reply with quote

hellofaniceguy wrote:
You're asking the wrong folks...only immigration can answer that....and it's 50/50 depending on who interviews you and what your story is. Some have been approved and some have not.


Okay you're absolutely right with this post, but I just wanted to say that I actually laughed out loud looking at your picture. =D -teddycakes
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jcm87



Joined: 19 Jan 2010

PostPosted: Fri Feb 19, 2010 8:38 pm    Post subject: Reply with quote

Be sure and post what happened, some of us may have the same question.
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Tigerstyleone



Joined: 01 Feb 2009

PostPosted: Wed Feb 24, 2010 2:28 am    Post subject: Re: Arrested but not charged for possession: can I get an E2 Reply with quote

curlygirl wrote:
An American acquaintance of mine wants to come and teach in Korea. A few years back she was arrested for marijuana possession. The charges were dropped and not recorded, so she was not prosecuted.

However, she is worried that the arrest will show up on her criminal background check. IF this happens will immigration automatically throw out her application for an E2 or is it at their discretion?

Is there any background check available from America which will not show up arrests when the charges are dropped?

Thanks in advance for your input.


It will show that you were arrested on you CBC, and in Korea if youre arrested youre guilty and you won't be able to get a visa.
Try explaining to an immigration official all the abbreviations on the document and try explaining our system what charges dropped means.
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