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If I get a criminal charge expunged...

 
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danxtptrnrth



Joined: 15 Apr 2010
Location: Boeun, South Korea

PostPosted: Sat Sep 18, 2010 7:28 pm    Post subject: If I get a criminal charge expunged... Reply with quote

will it show up on the FBI CBC? Everything I have seen says that it will, but there should be a way to have it not show up, right?
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Justin Richard



Joined: 09 Sep 2010

PostPosted: Sat Sep 18, 2010 7:44 pm    Post subject: Reply with quote

I do not believe that this is the place to talk about things like this. The best thing to do is call your local police station at home and ask directly or call the FBI office. I think the FBI has a branch office in Seoul. Call the U.S. Embassy. Send an e-mail to the FBI and ask directly and clearly about your case.

It seems that about 10% or so of Americans here have some kind of issue with the law and now it is coming to a head. Teachers should be worried about other qualifications not the possibilty of a criminal record check.

It is pretty clear why the government has did this to check the criminal records of all teachers and now there are some are questions like this.
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Radius



Joined: 20 Dec 2009

PostPosted: Sat Sep 18, 2010 7:44 pm    Post subject: Reply with quote

It might say "expunged" or "sealed" on your CBC, which in a way says it all.
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danxtptrnrth



Joined: 15 Apr 2010
Location: Boeun, South Korea

PostPosted: Sat Sep 18, 2010 8:05 pm    Post subject: Reply with quote

Just to be clear, I do not have an issue with the law. I was arrested ten years ago when I was in high school for doing something stupid. I paid my fines, spent three days in jail, and learned my lesson. I have not had any other run-ins with the law, except maybe a speeding ticket.
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Justin Richard



Joined: 09 Sep 2010

PostPosted: Sat Sep 18, 2010 8:19 pm    Post subject: Reply with quote

Yes, I meant to say that it the past tense. Had not have.

I hope you understand what I mean.

I believe that your problem when you were young will not show up on your FBI check. But it depends only you should find out.

I just mean to say that this is something personal and it doesn't matter what people about it on this message board. I could be wrong but only the FBI can tell you.

The best thing to do is check with the FBI. You can call and ask or just apply for your criminal record certificate.

I just don't think it is a good thing to talk about on here.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Sat Sep 18, 2010 9:11 pm    Post subject: Reply with quote

Immigration can deny you for whatever reason they want. Rumor has it that immigration has already denied people for arrests (without convictions) on their FBI CBC.
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burcas



Joined: 18 Jul 2010

PostPosted: Sun Sep 19, 2010 5:27 pm    Post subject: My FBI experience Reply with quote

OP,

I was arrested in 2001 in the state of Georgia for a misdemeanor (not going to mention what it was). For the past year, I was thinking about going back to Korea and found out that they would be using FBI background checks after next year. Naturally, I freaked. In May, this year, I sent all the necessary paperwork (about 4 different places) to get my record expunged. This past July, I sent in for my FBI background check. Since I do not trust any government institution to get paperwork right, I called the FBI. They told me if I have filled for expungement and I waited 4-6 weeks, then my record would be just fine.

Got my FBI background check back last Friday. It reads 'No record found'. This might be different for different states (They are suppose to inform the FBI that your record has been expunged, but some may not). I hope this helps.
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Illysook



Joined: 30 Jun 2008

PostPosted: Sun Sep 19, 2010 9:31 pm    Post subject: Reply with quote

Finally, someone has answered this question from their own experience.
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burcas



Joined: 18 Jul 2010

PostPosted: Mon Sep 20, 2010 8:36 am    Post subject: clarify Reply with quote

To clarify, in my case, it was an arrest record and not a conviction (serious case of being in the wrong place at the wrong time). But, all expungements should be the same for misdemeanors (forget it if you have a felony). If any body needs some advice, I would be more than glad to help with what I can.

Going through these forums can scare the sh** out of anyone who is not perfect and would like to go to Korea.
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vincentsaid



Joined: 19 Sep 2010

PostPosted: Tue Sep 21, 2010 9:25 pm    Post subject: Re: clarify Reply with quote

burcas wrote:
To clarify, in my case, it was an arrest record and not a conviction (serious case of being in the wrong place at the wrong time). But, all expungements should be the same for misdemeanors (forget it if you have a felony). If any body needs some advice, I would be more than glad to help with what I can.

Going through these forums can scare the sh** out of anyone who is not perfect and would like to go to Korea.


Last edited by vincentsaid on Sun Mar 20, 2011 1:40 am; edited 1 time in total
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burcas



Joined: 18 Jul 2010

PostPosted: Fri Sep 24, 2010 11:09 am    Post subject: DUI Reply with quote

Do you know if his state record is clean (no charges or arrests show what so ever)? If not, you can always try and get the charges expunged, which will then be reflected on the FBI background check (the entire process will take about 2 - 3 months). From what I was told, the FBI tries to reflect what the state has on record. This may not be the case for every state, but it was for Georgia. I hope this helps
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