| View previous topic :: View next topic |
| Author |
Message |
Zackback
Joined: 05 Nov 2010
Location: Kyungbuk
|
 Posted: Sat Feb 05, 2011 10:06 pm Post subject: Getting your record expunged (FBI CHECK)? |
 |
|
Sometimes I read on Dave's that those with an arrest should seek to have it expunged from their FBI criminal background check while I also read that this is impossible to do.
Does anyone know for sure if it is possible or not?
Thank you kindly. |
|
| Back to top |
|
 |
northway
Joined: 05 Jul 2010
|
| Posted: Sat Feb 05, 2011 10:12 pm Post subject: |
|
|
| My understanding is that the record of the offense (conviction, etc.) leaves your record, while the arrest record remains. |
|
| Back to top |
|
|
jrwhite82
Joined: 22 May 2010
|
| Posted: Sat Feb 05, 2011 10:38 pm Post subject: |
|
|
| So I think for many minor infractions, in which there was no arrest. Then your CBC will be clean. |
|
| Back to top |
|
|
larryhood22
Joined: 07 Jan 2011
|
| Posted: Sun Feb 06, 2011 1:56 pm Post subject: |
|
|
| What if there was an arrest but no conviction. Does any arrest disqualify you from visa eligibility? |
|
| Back to top |
|
|
Ninja Bees
Joined: 31 Jan 2011
|
| Posted: Sun Feb 06, 2011 9:58 pm Post subject: Arrest Record |
|
|
| Quote: |
Sometimes I read on Dave's that those with an arrest should seek to have it expunged from their FBI criminal background check while I also read that this is impossible to do.
Does anyone know for sure if it is possible or not?
Thank you kindly. |
Okay guys, I had explained this before (under the name burcas - changed it because my new name sounds better) this is what happened to me. I was arrested in 2002 for a misdemeanor (nothing serious). I went to Korea in 2005, had no problems (they weren't doing the CBC then). About a year ago, I wanted to go back so I went through the process of getting my record expunged. Once I received the 'you're all good,' I applied for my Federal Background Check. This was returned to me in 12 weeks with a 'NO RECORD FOUND'.
Here is what I was told to me by the FBI guys, if you get your record expunged, it should take 4-6 weeks for the records to update. The state that expunged your record is suppose to inform the FBI so that everybody's records match. Now, the state will only expunge your record if it was some years past (this is totally up to the Solicitor at the court), how serious the crime was (Felonies and you are f---ed), and if there were any other crimes committed since then.
Now, I can only say this worked for me in Georgia. It is a long process and will take sometime (for me, I had to visit the Solicitor four times before he would put his name on a piece of paper).
Just a few other points - I was arrested and fingerprinted. I was in jail until I was able to bond out, and I had to go to court to plead. My case was dropped, so no charges were filed against me. It was a classic case of being at the wrong place at the wrong time with the wrong people.
If you have anymore questions, please feel free to p.m. me and I would be more then glad to help you out. I know going through these forums can make a person feel like that one mistake will ruin them from teaching in Korea. |
|
| Back to top |
|
|
jrwhite82
Joined: 22 May 2010
|
| Posted: Sun Feb 06, 2011 10:08 pm Post subject: |
|
|
| larryhood22 wrote: |
| What if there was an arrest but no conviction. Does any arrest disqualify you from visa eligibility? |
Larry, unforunately, almost every time, yes. Even if a dirty cop planted drugs on you and arrested you. You were found innocent and the cop was caught, fired and prosecuted, but it still shows as an arrest on your CBC, you are SOL in obtaining an E2 visa. Immigration does not care what the circumstances of your unique situation was. They don't have the man power (or will power) to listen to applicants' appeals about their CBC.
You might be in a small minority of people who are in a similar situation. If you were not guilty of what you were arrested for you should definetely look into getting the record removed from a CBC. This can be a problem for ANY job you might get, even back in your home country. |
|
| Back to top |
|
|
northway
Joined: 05 Jul 2010
|
| Posted: Sun Feb 06, 2011 11:26 pm Post subject: |
|
|
| jrwhite82 wrote: |
| larryhood22 wrote: |
| What if there was an arrest but no conviction. Does any arrest disqualify you from visa eligibility? |
Larry, unforunately, almost every time, yes. Even if a dirty cop planted drugs on you and arrested you. You were found innocent and the cop was caught, fired and prosecuted, but it still shows as an arrest on your CBC, you are SOL in obtaining an E2 visa. Immigration does not care what the circumstances of your unique situation was. They don't have the man power (or will power) to listen to applicants' appeals about their CBC.
You might be in a small minority of people who are in a similar situation. If you were not guilty of what you were arrested for you should definetely look into getting the record removed from a CBC. This can be a problem for ANY job you might get, even back in your home country. |
I actually know a few people with arrests who were granted E-2s without issue. |
|
| Back to top |
|
|
jrwhite82
Joined: 22 May 2010
|
| Posted: Sun Feb 06, 2011 11:34 pm Post subject: |
|
|
| northway wrote: |
| jrwhite82 wrote: |
| larryhood22 wrote: |
| What if there was an arrest but no conviction. Does any arrest disqualify you from visa eligibility? |
Larry, unforunately, almost every time, yes. Even if a dirty cop planted drugs on you and arrested you. You were found innocent and the cop was caught, fired and prosecuted, but it still shows as an arrest on your CBC, you are SOL in obtaining an E2 visa. Immigration does not care what the circumstances of your unique situation was. They don't have the man power (or will power) to listen to applicants' appeals about their CBC.
You might be in a small minority of people who are in a similar situation. If you were not guilty of what you were arrested for you should definetely look into getting the record removed from a CBC. This can be a problem for ANY job you might get, even back in your home country. |
I actually know a few people with arrests who were granted E-2s without issue. |
I've noticed you said that before that's why I said "almost" this time. I don't doubt that what you are saying is true, but the more common experience is to get denied in my opinion. Either way, if he wasn't guilty of said crime, he is better off getting it removed from his record. It would be a shame to get here and have problems a year from now if he needs to change schools or take a few weeks off to go home in between contracts and get a new E2.
Also, how long ago were those checks done? Maybe things have changed recently. |
|
| Back to top |
|
|
northway
Joined: 05 Jul 2010
|
| Posted: Mon Feb 07, 2011 12:35 am Post subject: |
|
|
| jrwhite82 wrote: |
I've noticed you said that before that's why I said "almost" this time. I don't doubt that what you are saying is true, but the more common experience is to get denied in my opinion. Either way, if he wasn't guilty of said crime, he is better off getting it removed from his record. It would be a shame to get here and have problems a year from now if he needs to change schools or take a few weeks off to go home in between contracts and get a new E2.
Also, how long ago were those checks done? Maybe things have changed recently. |
It's possible. One of my coworkers had one done in July (state level) and didn't have a problem getting approved by immigration. The other guy had his done a couple years ago and had to explain himself to immigration (he's also been arrested twice here for alcohol related offenses and probably should be kicked out of the country). It's possible that things changed with the new CBC regime that came about in January, but it would be odd for them to suddenly start caring about things that they waived previously.
For frame of reference, the first guy was arrested for drag racing and had his record expunged, the second guy was arrested for drunk driving twice and it's still on his record. Even with the offense being expunged, however, the first guy still doesn't come up clean, as the arrest still shows. Considering it's Korean immigration, I'm guessing it depends entirely on which consulate you go to. |
|
| Back to top |
|
|
dmwhitfi
Joined: 16 Feb 2011
|
| Posted: Mon Feb 21, 2011 1:05 am Post subject: |
|
|
Hi Ninja Bee, can you please PM me as I am new to the board and not allowed to send PMs until I have 25 posts. I am worried about my FBI CBC as I was arrested and printed for getting too drunk one night back in school 7 years ago and am worried it will preclude me from working in Korea.
Additionally, I have a BS in Accounting and no CELTA or TESOL certification, so what other options (countries in Asia, preferably) that will enable me to save up some money and go get certified?
Thanks in advance! |
|
| Back to top |
|
|
siwawalter
Joined: 16 Feb 2011
|
| Posted: Fri Feb 25, 2011 11:07 pm Post subject: Re: Getting your record expunged (FBI CHECK)? |
|
|
Expungement takes awhile to do. I think it cost like $700.
| Zackback wrote: |
Sometimes I read on Dave's that those with an arrest should seek to have it expunged from their FBI criminal background check while I also read that this is impossible to do.
Does anyone know for sure if it is possible or not?
Thank you kindly. |
|
|
| Back to top |
|
|
siwawalter
Joined: 16 Feb 2011
|
| Posted: Sat Feb 26, 2011 6:17 pm Post subject: |
|
|
Really? like DUI or petty theft?
| northway wrote: |
| jrwhite82 wrote: |
| larryhood22 wrote: |
| What if there was an arrest but no conviction. Does any arrest disqualify you from visa eligibility? |
Larry, unforunately, almost every time, yes. Even if a dirty cop planted drugs on you and arrested you. You were found innocent and the cop was caught, fired and prosecuted, but it still shows as an arrest on your CBC, you are SOL in obtaining an E2 visa. Immigration does not care what the circumstances of your unique situation was. They don't have the man power (or will power) to listen to applicants' appeals about their CBC.
You might be in a small minority of people who are in a similar situation. If you were not guilty of what you were arrested for you should definetely look into getting the record removed from a CBC. This can be a problem for ANY job you might get, even back in your home country. |
I actually know a few people with arrests who were granted E-2s without issue. |
|
|
| Back to top |
|
|
SoylaMBPolymath
Joined: 21 Jan 2011
|
| Posted: Sat Feb 26, 2011 7:15 pm Post subject: Ugh. Now I'm terrified. |
|
|
| I'm awaiting the return of my FBI CBC (and it had better come with the seal and signature as I thereafter have to send the thing to get an Apostille in DC--Texas won't do it--I sent a letter specifically requesting the seal and signature, but I'm reading on here that many aren't receiving them...government workers *sigh*). I'm terrified that I'm not going to be able to go through with any of this now as I was arrested some 5 years ago for public intoxication. I did my community service, paid my fine, and had my record expunged. But it appears as if this will probably still show up on my FBI CBC. Is that what I'm reading? Am I basically screwed? I was really hoping to make South Korea happen (going on three years without employment) and was looking forward to a new adventure...but it looks as if I got ahead of myself. Color me disappointed. |
|
| Back to top |
|
|
Vox_Populi
Joined: 04 May 2009
Location: Seoul, South Korea
|
| Posted: Wed May 04, 2011 10:05 am Post subject: Re: Ugh. Now I'm terrified. |
|
|
| SoylaMBPolymath wrote: |
| I'm awaiting the return of my FBI CBC (and it had better come with the seal and signature as I thereafter have to send the thing to get an Apostille in DC--Texas won't do it--I sent a letter specifically requesting the seal and signature, but I'm reading on here that many aren't receiving them...government workers *sigh*). I'm terrified that I'm not going to be able to go through with any of this now as I was arrested some 5 years ago for public intoxication. I did my community service, paid my fine, and had my record expunged. But it appears as if this will probably still show up on my FBI CBC. Is that what I'm reading? Am I basically screwed? I was really hoping to make South Korea happen (going on three years without employment) and was looking forward to a new adventure...but it looks as if I got ahead of myself. Color me disappointed. |
How did this pan out for you my friend? |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
