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akcrono
Joined: 11 Mar 2010
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 Posted: Mon Nov 22, 2010 8:05 pm Post subject: Background check question |
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| I was arrested along w/ my friend a few years ago for something i didn't do (he did it). The charges were dismissed and the record was sealed. Now I have to get an FBI background check to renew my visa and as far as i know, my sealed records will show up. Will arrests prevent me from getting my visa renewed even though the charges were dismissed? |
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asc422
Joined: 23 Feb 2009
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| Posted: Mon Nov 22, 2010 9:43 pm Post subject: |
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IDK  brb renewing visa with no criminal background |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Nov 22, 2010 10:43 pm Post subject: Re: Background check question |
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| akcrono wrote: |
| I was arrested along w/ my friend a few years ago for something i didn't do (he did it). The charges were dismissed and the record was sealed. Now I have to get an FBI background check to renew my visa and as far as i know, my sealed records will show up. Will arrests prevent me from getting my visa renewed even though the charges were dismissed? |
If your FBI check has a positive finding (of any nature) your renewal will be denied.
Get it and know for sure if you can renew or if you need to find a new country.
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akcrono
Joined: 11 Mar 2010
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| Posted: Tue Nov 23, 2010 12:20 am Post subject: Re: Background check question |
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| ttompatz wrote: |
| akcrono wrote: |
| I was arrested along w/ my friend a few years ago for something i didn't do (he did it). The charges were dismissed and the record was sealed. Now I have to get an FBI background check to renew my visa and as far as i know, my sealed records will show up. Will arrests prevent me from getting my visa renewed even though the charges were dismissed? |
If your FBI check has a positive finding (of any nature) your renewal will be denied.
Get it and know for sure if you can renew or if you need to find a new country.
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I'm not trying to be difficult, but are you SURE that an arrest + dismissal will prevent me from renewing my visa? |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Tue Nov 23, 2010 12:36 am Post subject: Re: Background check question |
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| akcrono wrote: |
| ttompatz wrote: |
| akcrono wrote: |
| I was arrested along w/ my friend a few years ago for something i didn't do (he did it). The charges were dismissed and the record was sealed. Now I have to get an FBI background check to renew my visa and as far as i know, my sealed records will show up. Will arrests prevent me from getting my visa renewed even though the charges were dismissed? |
If your FBI check has a positive finding (of any nature) your renewal will be denied.
Get it and know for sure if you can renew or if you need to find a new country.
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I'm not trying to be difficult, but are you SURE that an arrest + dismissal will prevent me from renewing my visa? |
It's all about how the Koreans see it. Any legal blotch on an official paper with your name beside it will look bad.
Good luck. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Nov 23, 2010 12:44 am Post subject: Re: Background check question |
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| akcrono wrote: |
| ttompatz wrote: |
| akcrono wrote: |
| I was arrested along w/ my friend a few years ago for something i didn't do (he did it). The charges were dismissed and the record was sealed. Now I have to get an FBI background check to renew my visa and as far as i know, my sealed records will show up. Will arrests prevent me from getting my visa renewed even though the charges were dismissed? |
If your FBI check has a positive finding (of any nature) your renewal will be denied.
Get it and know for sure if you can renew or if you need to find a new country.
. |
I'm not trying to be difficult, but are you SURE that an arrest + dismissal will prevent me from renewing my visa? |
Don't take my word for it. Get your check and try it for yourself. You MAY be the exception that proves the rule BUT in my personal experience....
They are not going to wonder about the circumstances and particulars of trying to understand the nuances of a foreign legal system.
For them it is a simple:
clean = yes and
comment / mark / positive finding = no.
They don't have to think about it, they don't have to understand it, they don't have to defend it and there is no appeal. You're not in Kansas anymore there Toto. The rules from home don't apply.
Be prepared for the worst and if you are at a public school then any mark in your history WILL result in your termination even if immigration would have approved your renewal (POE policy).
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akcrono
Joined: 11 Mar 2010
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| Posted: Tue Nov 23, 2010 2:41 am Post subject: Re: Background check question |
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| ttompatz wrote: |
| akcrono wrote: |
| ttompatz wrote: |
| akcrono wrote: |
| I was arrested along w/ my friend a few years ago for something i didn't do (he did it). The charges were dismissed and the record was sealed. Now I have to get an FBI background check to renew my visa and as far as i know, my sealed records will show up. Will arrests prevent me from getting my visa renewed even though the charges were dismissed? |
If your FBI check has a positive finding (of any nature) your renewal will be denied.
Get it and know for sure if you can renew or if you need to find a new country.
. |
I'm not trying to be difficult, but are you SURE that an arrest + dismissal will prevent me from renewing my visa? |
Don't take my word for it. Get your check and try it for yourself. You MAY be the exception that proves the rule BUT in my personal experience....
They are not going to wonder about the circumstances and particulars of trying to understand the nuances of a foreign legal system.
For them it is a simple:
clean = yes and
comment / mark / positive finding = no.
They don't have to think about it, they don't have to understand it, they don't have to defend it and there is no appeal. You're not in Kansas anymore there Toto. The rules from home don't apply.
Be prepared for the worst and if you are at a public school then any mark in your history WILL result in your termination even if immigration would have approved your renewal (POE policy).
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I work at a hagwon. My boss already knows aboutmy situation and doesnt care (since I didnt do anything wrong). As long as immigration renews my visa, I'm fine. It seems stupid for them not to, since i didnt do anythign wrong, and anyone can get arrested for anything. |
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Radius
Joined: 20 Dec 2009
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| Posted: Tue Nov 23, 2010 2:55 am Post subject: |
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Ok, here it is. Were you booked and arrested? Were you fingerprinted? IF you were fingerprinted then your prints were processed into the National Crime Information Center (NCIC).
If indeed the Clerk of Courts entered your prints, then you WILL have a positive finding for "ARREST" records until the day the die. No matter what, you cannot get your ARREST RECORD erased. It is there for life. If you weren't fingerprinted then your golden as long as your criminal activity was sealed.
So, as you can see, the main question is were you fingerprinted? If you were, then Korea will find it as it will pop up on the BCB and you will probably be denied a visa. The check wont say anything if your case was sealed, but it will say arrested for "blah blah blah"
Its important to note that its possible that your court proceedings may not have even left the Municipal (your city's courthouse) level. They only send serious offenses off to the Federal and State people. Yes, of course, YOUR courthouse has the record, but it would not have been forwarded to the Fed and State level.
Good luck. |
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rumdiary
Joined: 05 Jun 2006
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| Posted: Tue Nov 23, 2010 10:38 pm Post subject: |
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| Do you have to get an FBI check? Would a background check from local police work? |
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akcrono
Joined: 11 Mar 2010
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| Posted: Wed Nov 24, 2010 3:03 am Post subject: |
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| rumdiary wrote: |
| Do you have to get an FBI check? Would a background check from local police work? |
Not come January |
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warren pease
Joined: 12 May 2008
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| Posted: Wed Nov 24, 2010 3:32 am Post subject: |
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I had a small blotch on my record and all I had to do was write a letter explaining what happened and promise to never ever ever break any laws in Korea. Simple as pie.
And just you guys know - I sometimes J-walk..... hahahhaha! Jokes on you, Korea! |
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Quack Addict
Joined: 31 Mar 2008
Location: Seoul
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| Posted: Wed Nov 24, 2010 5:23 am Post subject: |
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ttompatz is spot on. I had a criminal mischief mark on my record from 1992 and got denied by immigration. Since it was a misdemeanor it didn't show up on my FBI background however.
Another trick is to use a state that you once lived in but didn't get into trouble. I used to live in Hawai'i and tried to use them. Unfortunately, they only have FBI checks and not state. |
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Missihippi
Joined: 22 Oct 2007
Location: Gwangmyeong
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| Posted: Wed Nov 24, 2010 7:15 am Post subject: |
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| Quack Addict wrote: |
Since it was a misdemeanor it didn't show up on my FBI background however.
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misdemeanors dont' show up on FBI checks?  |
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rumdiary
Joined: 05 Jun 2006
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| Posted: Wed Nov 24, 2010 9:32 am Post subject: |
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| Quack Addict wrote: |
ttompatz is spot on. I had a criminal mischief mark on my record from 1992 and got denied by immigration. Since it was a misdemeanor it didn't show up on my FBI background however.
Another trick is to use a state that you once lived in but didn't get into trouble. I used to live in Hawai'i and tried to use them. Unfortunately, they only have FBI checks and not state. |
A couple of years ago several of my coworkers used an online CBC website from a state none of them had even visited. They were renewing though. |
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