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FBI check question
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bowra



Joined: 04 Oct 2009

PostPosted: Mon Dec 06, 2010 10:40 pm    Post subject: FBI check question Reply with quote

Korean Immigration requires a clear criminal background check. The FBI will keep records of all of your convictions. In addition, they will keep track of any time you've been arrested. Does an arrest record preclude an E-2 visa?
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digby



Joined: 27 Oct 2010

PostPosted: Tue Dec 07, 2010 11:43 am    Post subject: Reply with quote

Just doing a quick search on my own I would say a tentative no depending on what it's for. But I also think that the CBC is there no only for immigration but for your school so even if immigration gives you a pass your school might see it and say no.
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bowra



Joined: 04 Oct 2009

PostPosted: Thu Jan 27, 2011 1:02 am    Post subject: Reply with quote

Just an update on this, a friend of mine has not even been able to get his visa application to the immigration office because no employer will accept his cbc which has zero convictions and one arrest from 20 years ago. Basically if you've ever been arrested, it looks like you shouldn't bother trying to teach in Korea.
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millyfrend



Joined: 29 Apr 2010

PostPosted: Thu Jan 27, 2011 1:06 am    Post subject: Reply with quote

The U.S. job market really suck right now. If I were Korean government, I would only allow the best of the best (meaning no record at all) to get into the country. Haven't you seen how many people asking about Visa on this forum?

I know someone that graduated from a good school having a difficult time getting a job in the U.S. The only reason why she is consider going to South Korea is because she has student loans and she doesn't want to move back to her parents house.


bowra wrote:
Just an update on this, a friend of mine has not even been able to get his visa application to the immigration office because no employer will accept his cbc which has zero convictions and one arrest from 20 years ago. Basically if you've ever been arrested, it looks like you shouldn't bother trying to teach in Korea.
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marsavalanche



Joined: 27 Aug 2010
Location: where pretty lies perish

PostPosted: Thu Jan 27, 2011 1:10 am    Post subject: Reply with quote

I really don't have sympathy for these people. If you EVER committed a crime you should NOT be teaching in another country.

Hell I'd go as far to say it's debatable whether I'd want someone with a criminal record teaching my OWN children.

It makes no sense how people advocate for that.
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millyfrend



Joined: 29 Apr 2010

PostPosted: Thu Jan 27, 2011 1:17 am    Post subject: Reply with quote

You think South Koreans let people in their country if you've gotten a DUI. That would suck if they didn't allow it 'cause DUIs are so easy to get these days. Sometimes, I think cops make so much money on DUIs. I know someone that got a DUI, actually a few. It was like $10,000 when it's all said and done (school, fines etc). Plus, it really screws up your life. You can't even drive to work. How are you able to pay bills if you can't drive to work? I heard some people are allowed to drive to work and home though.

Anyway, you go out with someone for dinner and have a glass of wine and then bam you get a DUI. I understand that you shouldn't be driving while drinking, but sometimes going out to dinner with a bf or gf and you know you can drive because you know your body, but because of a certain alcohol level you get arrested.




marsavalanche wrote:
I really don't have sympathy for these people. If you EVER committed a crime you should NOT be teaching in another country.

Hell I'd go as far to say it's debatable whether I'd want someone with a criminal record teaching my OWN children.

It makes no sense how people advocate for that.
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marsavalanche



Joined: 27 Aug 2010
Location: where pretty lies perish

PostPosted: Thu Jan 27, 2011 1:48 am    Post subject: Reply with quote

Sorry, don't buy it. I grew up around that atmosphere too and I have no sympathy for people too irrational to decide when is the right time to drink and drive. .08 is actually pretty generous considering other countries are .01. Plus the police GIVE out a chart basically telling citizens how much alcohol they can put in their system and legally drive. No excuses. Be more responsible.

These irresponsible "adults" wouldn't even be allowed to have a license in some other countries.
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millyfrend



Joined: 29 Apr 2010

PostPosted: Thu Jan 27, 2011 1:55 am    Post subject: Reply with quote

For me, personally, I think people should be given an opportunity for a second chance, but that's just me. For instance, if they've done their time (in prison), they should be given a second chance depending on the person and circumstances of course. Some people actually hung out with the wrong crowd when they were young. It just happens sometimes.

Sometimes, you don't even know, people who haven't committed a crime is not a safe candidate either. I've read stories where priest molest kids or people without a criminal background, they go to other countries and take advantage of little kids (sexually etc).

But if I were the South Korean government, I wouldn't allow people with a crime into the country just simply because right now there are so many candidates to select from. It's a smart move to pick non-criminals when there's a lot of applicants.

But say if no one wanted to go to South Korea to teach and they want American teachers, they probably have to look at the circumstances. Like if they had to select a person with a DUI or killed someone, they would most likely select the person with the DUI.






marsavalanche wrote:
Sorry, don't buy it. I grew up around that atmosphere too and I have no sympathy for people too irrational to decide when is the right time to drink and drive. .08 is actually pretty generous considering other countries are .01. Plus the police GIVE out a chart basically telling citizens how much alcohol they can put in their system and legally drive. No excuses. Be more responsible.
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northway



Joined: 05 Jul 2010

PostPosted: Thu Jan 27, 2011 2:23 am    Post subject: Reply with quote

marsavalanche wrote:
I really don't have sympathy for these people. If you EVER committed a crime you should NOT be teaching in another country.

Hell I'd go as far to say it's debatable whether I'd want someone with a criminal record teaching my OWN children.

It makes no sense how people advocate for that.


My coworker got arrested for drag racing when he was 19 (ten years ago). He was still a teenager. It's been expunged, but still pops up on a background check. Should this preclude him from working in another country?

Note: immigration has let him through twice with this on his record, so they're willing to look past something so minor.

Do you really think you've never done anything that you could've been arrested for?
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marsavalanche



Joined: 27 Aug 2010
Location: where pretty lies perish

PostPosted: Thu Jan 27, 2011 2:55 am    Post subject: Reply with quote

millyfrend wrote:
For me, personally, I think people should be given an opportunity for a second chance, but that's just me. For instance, if they've done their time (in prison), they should be given a second chance depending on the person and circumstances of course. Some people actually hung out with the wrong crowd when they were young. It just happens sometimes.


I'm definitely for people in THIS country getting a second chance after committing a crime. However, if we're talking working abroad and sending criminals to represent our country, definitely a no for me.
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bowra



Joined: 04 Oct 2009

PostPosted: Thu Jan 27, 2011 4:46 pm    Post subject: Reply with quote

So being arrested for something makes you a criminal now? Not in the US, from whom they are requesting we get the records. Being arrested does not make you a criminal. You sound dreadfully naive and ignorant.
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Riker



Joined: 28 Dec 2010

PostPosted: Thu Jan 27, 2011 5:00 pm    Post subject: Reply with quote

There are a lot of applicants like me without a criminal record, so why should they choose him over me?

It sucks, but that is just the way it is.
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daskalos



Joined: 19 May 2006
Location: The Road to Ithaca

PostPosted: Thu Jan 27, 2011 6:23 pm    Post subject: Reply with quote

I'm sitting in America looking right now at my FBI background, and what it says is "NO ARREST RECORD-FBI." Now, I was once arrested on a minor traffic violation and another time actually fingerprinted for driving on an suspended license. The second charge was dropped. So, there's clearly some level at which an arrest rises to the level of showing up on an FBI check.
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marsavalanche



Joined: 27 Aug 2010
Location: where pretty lies perish

PostPosted: Thu Jan 27, 2011 6:26 pm    Post subject: Reply with quote

bowra wrote:
So being arrested for something makes you a criminal now? Not in the US, from whom they are requesting we get the records. Being arrested does not make you a criminal. You sound dreadfully naive and ignorant.


If you were referring to me, being arrested and being convicted of a crime are two completely different things. Who is the ignorant one again?

http://dictionary.reference.com/browse/criminal

http://dictionary.reference.com/browse/arrest

It's not that difficult guys.
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Riker



Joined: 28 Dec 2010

PostPosted: Thu Jan 27, 2011 8:04 pm    Post subject: Reply with quote

daskalos wrote:
I'm sitting in America looking right now at my FBI background, and what it says is "NO ARREST RECORD-FBI." Now, I was once arrested on a minor traffic violation and another time actually fingerprinted for driving on an suspended license. The second charge was dropped. So, there's clearly some level at which an arrest rises to the level of showing up on an FBI check.


Yes, it all depends on where you live. I live in Louisiana which is unique in that it's based on civil law. So there is much more wiggle room for removing things and other basically shady behavior. And its all legal.

From Wikipedia:

One often-cited distinction is that while common law courts are bound by stare decisis and tend to rule based on precedents, judges in Louisiana rule based on their own interpretation of the law[3]
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