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hellofaniceguy
Joined: 10 Jan 2003
Location: On your computer screen!
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 Posted: Mon Feb 07, 2011 3:41 pm Post subject: |
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Everyone deserves a second except child molesters....but most countries do not agree including the U.S., korea is no different.
Once ones' FBI rap sheet has the arrest recorded on it...even if the disposition is...case dismissed....you still have a record unless it's expunged.
It will follow you even when you die. |
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marsavalanche
Joined: 27 Aug 2010
Location: where pretty lies perish
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| Posted: Mon Feb 07, 2011 6:23 pm Post subject: |
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| liveinkorea316 wrote: |
committing a minor crime 3 years ago does not make someone a criminal now. That is slander. The OP is not a criminal. He is someone who in the past committed a criminal offense. The same way someone is not referred to as a teacher if they taught one class 3 years ago. Wake up.
If you have never broken any single law in your life then please by all means stay on your high horse. But there are plenty others of us here and everywhere who know that the only reason we never got our slap on the hand is because we were not in the wrong place at the wrong time.
To the OP, look at getting it expunged. Otherwise look into China or the other countries mentioned. |
criminal(crim�i�nal)
Pronunciation:/ˈkrimənl, ˈkrɪmənl/
noun
a person who has committed a crime:
You are more than welcome to read up on the source:
http://oxforddictionaries.com/view/entry/m_en_us1237074#m_en_us1237074
"committing a minor crime 3 years ago does not make someone a criminal now."
Committing a crime by definition makes someone a criminal. I guess you were unaware of that. |
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olsanairbase
Joined: 30 Aug 2010
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| Posted: Mon Feb 07, 2011 6:54 pm Post subject: |
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| liveinkorea316 wrote: |
committing a minor crime 3 years ago does not make someone a criminal now. That is slander. The OP is not a criminal. He is someone who in the past committed a criminal offense. The same way someone is not referred to as a teacher if they taught one class 3 years ago. Wake up.
If you have never broken any single law in your life then please by all means stay on your high horse. But there are plenty others of us here and everywhere who know that the only reason we never got our slap on the hand is because we were not in the wrong place at the wrong time.
To the OP, look at getting it expunged. Otherwise look into China or the other countries mentioned. |
That is not slander. If anything it would be libel but not slander. Libel is written and slander is spoken. In either case, calling someone a criminal for committing a crime is not a lie its the truth and there is no defamation of any form when you tell the truth about someone.
Law 101 |
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jamal0000
Joined: 11 Dec 2010
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| Posted: Mon Feb 07, 2011 8:38 pm Post subject: |
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| He's not a criminal, speeding tickets are classified as misdemeanors. And note that the Federal hiring guidelines for teachers in the USA do not preclude anyone convicted of any non-violent or non-sexual related misdemeanor. You can even be hired by a western school with a felony conviction if it's once a gain non-violent or non-sexual and 7 years has passed. So Korea's laws are now harhser than than the western worlds and plainly don't make sense. |
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jamal0000
Joined: 11 Dec 2010
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| Posted: Mon Feb 07, 2011 8:42 pm Post subject: |
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| marsavalanche wrote: |
| liveinkorea316 wrote: |
committing a minor crime 3 years ago does not make someone a criminal now. That is slander. The OP is not a criminal. He is someone who in the past committed a criminal offense. The same way someone is not referred to as a teacher if they taught one class 3 years ago. Wake up.
If you have never broken any single law in your life then please by all means stay on your high horse. But there are plenty others of us here and everywhere who know that the only reason we never got our slap on the hand is because we were not in the wrong place at the wrong time.
To the OP, look at getting it expunged. Otherwise look into China or the other countries mentioned. |
criminal(crim�i�nal)
Pronunciation:/ˈkrimənl, ˈkrɪmənl/
noun
a person who has committed a crime:
You are more than welcome to read up on the source:
http://oxforddictionaries.com/view/entry/m_en_us1237074#m_en_us1237074
"committing a minor crime 3 years ago does not make someone a criminal now."
Committing a crime by definition makes someone a criminal. I guess you were unaware of that. |
So by your definition, anyone who has ever broken a speed limit or rolled through a stop sign is a criminal for life. Traffic law violations are misdemanors, albeit the lowest, just like DUIs without an injury are misdemeanors. |
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olsanairbase
Joined: 30 Aug 2010
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| Posted: Mon Feb 07, 2011 9:00 pm Post subject: |
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| jamal0000 wrote: |
| He's not a criminal, speeding tickets are classified as misdemeanors. And note that the Federal hiring guidelines for teachers in the USA do not preclude anyone convicted of any non-violent or non-sexual related misdemeanor. You can even be hired by a western school with a felony conviction if it's once a gain non-violent or non-sexual and 7 years has passed. So Korea's laws are now harhser than than the western worlds and plainly don't make sense. |
It makes perfect sense to those who follow the law.
Do realize that you can be arrested when you don't wear your seat belt?
So much for that driving argument
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Atwater v. Lago Vista, 532 U.S. 318 (2001), was a United States Supreme Court decision which held that a person's Fourth Amendment rights are not violated when the subject is arrested for driving without a seatbelt. The court ruled that such an arrest for a misdemeanor that is punishable only by a fine does not constitute an unreasonable seizure under the Fourth Amendment. |
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northway
Joined: 05 Jul 2010
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| Posted: Mon Feb 07, 2011 9:52 pm Post subject: |
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| olsanairbase wrote: |
| Do realize that you can be arrested when you don't wear your seat belt? |
And you think that's a reasonable arrest? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Feb 08, 2011 2:14 am Post subject: Re: not guilty |
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| larryhood22 wrote: |
| I am in a similar situation right now. I have been hired, pending my visa application, but I just received my FBI criminal background check and a charge from 3 years ago that I was not convicted of is on the sheet. I pled not guilty, and was never convicted, but because my fingerprints were taken at the time of my arrest, the charge shows up on the background check. Will I have a problem with my visa even though I was never convicted of a crime? |
You will not get an E2 with a positive finding on your CRC (whatever the reason for it or the outcome of it).
You effectively have 2 options:
1) pick a new country to try
2) pick a different profession
3) try to get it erased (good luck with that).
. |
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northway
Joined: 05 Jul 2010
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| Posted: Tue Feb 08, 2011 3:16 am Post subject: Re: not guilty |
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| ttompatz wrote: |
| larryhood22 wrote: |
| I am in a similar situation right now. I have been hired, pending my visa application, but I just received my FBI criminal background check and a charge from 3 years ago that I was not convicted of is on the sheet. I pled not guilty, and was never convicted, but because my fingerprints were taken at the time of my arrest, the charge shows up on the background check. Will I have a problem with my visa even though I was never convicted of a crime? |
You will not get an E2 with a positive finding on your CRC (whatever the reason for it or the outcome of it).
You effectively have 2 options:
1) pick a new country to try
2) pick a different profession
3) try to get it erased (good luck with that).
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Ttompatz, I by no means doubt your knowledge on this one, but is this a new thing? Because I definitely know people who have positive findings who are teaching here now, as I've mentioned elsewhere, and they didn't use the different state CBC loophole. Is immigration being much stricter now even on people who have been here for a couple years or more openly utilizing the same record? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Feb 08, 2011 5:20 am Post subject: Re: not guilty |
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| northway wrote: |
Ttompatz, I by no means doubt your knowledge on this one, but is this a new thing? Because I definitely know people who have positive findings who are teaching here now, as I've mentioned elsewhere, and they didn't use the different state CBC loophole. Is immigration being much stricter now even on people who have been here for a couple years or more openly utilizing the same record? |
The POLICY in most K-immi offices (by presidential suggestion (and political pressure)) is "0" tolerance for anything positive on the CRC and with the current glut of applicants they can get away with it.
This is different than in 2008 for example when they would overlook some minor offenses that were not alcohol, drug or violence related.
. |
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olsanairbase
Joined: 30 Aug 2010
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| Posted: Tue Feb 08, 2011 9:11 am Post subject: |
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| northway wrote: |
| olsanairbase wrote: |
| Do realize that you can be arrested when you don't wear your seat belt? |
And you think that's a reasonable arrest? |
It doesn't matter what I think, you think or anyone else thinks. The case was decided by the US Supreme Court therefore it is the law of the land. You can't just not follow a law because you think its unreasonable without consequences. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Tue Feb 08, 2011 9:29 am Post subject: |
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| olsanairbase wrote: |
| liveinkorea316 wrote: |
committing a minor crime 3 years ago does not make someone a criminal now. That is slander. The OP is not a criminal. He is someone who in the past committed a criminal offense. The same way someone is not referred to as a teacher if they taught one class 3 years ago. Wake up.
If you have never broken any single law in your life then please by all means stay on your high horse. But there are plenty others of us here and everywhere who know that the only reason we never got our slap on the hand is because we were not in the wrong place at the wrong time.
To the OP, look at getting it expunged. Otherwise look into China or the other countries mentioned. |
That is not slander. If anything it would be libel but not slander. Libel is written and slander is spoken. In either case, calling someone a criminal for committing a crime is not a lie its the truth and there is no defamation of any form when you tell the truth about someone.
Law 101 |
It may be Law 101 in the States, but here in Korea even if you tell the truth about someone you can still be (sucessfully) sued for libel/slander. And not just Korea but a number of other countries as well. |
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olsanairbase
Joined: 30 Aug 2010
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| Posted: Tue Feb 08, 2011 11:30 am Post subject: |
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| TheUrbanMyth wrote: |
| olsanairbase wrote: |
| liveinkorea316 wrote: |
committing a minor crime 3 years ago does not make someone a criminal now. That is slander. The OP is not a criminal. He is someone who in the past committed a criminal offense. The same way someone is not referred to as a teacher if they taught one class 3 years ago. Wake up.
If you have never broken any single law in your life then please by all means stay on your high horse. But there are plenty others of us here and everywhere who know that the only reason we never got our slap on the hand is because we were not in the wrong place at the wrong time.
To the OP, look at getting it expunged. Otherwise look into China or the other countries mentioned. |
That is not slander. If anything it would be libel but not slander. Libel is written and slander is spoken. In either case, calling someone a criminal for committing a crime is not a lie its the truth and there is no defamation of any form when you tell the truth about someone.
Law 101 |
It may be Law 101 in the States, but here in Korea even if you tell the truth about someone you can still be (sucessfully) sued for libel/slander. And not just Korea but a number of other countries as well. |
A statement does not need to be literally true in order for this defense to be effective. Courts require that the statement is substantially true in order for the defense to apply. This means that even if the defendant states some facts that are false, if the "gist" or "sting" of the communication is substantially true, then the defendant can rely on the defense.
http://injury.findlaw.com/defamation-libel-slander/defenses-to-libel-and-slander.html |
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Chris.Quigley
Joined: 20 Apr 2009
Location: Belfast. N Ireland
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| Posted: Tue Feb 08, 2011 2:20 pm Post subject: |
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Life sucks...
We have all done stupid things:
I got in a car with a friend who was close to the limit once (he had had 4 beers.) Nothing happened, but what if it did?
The other day I was in Starbucks watching a Canucks game illegally online when an RCMP officer walked by (Oh golly jeepers!).
Another time my friend and I were taking some bottles to the liquor store for his parents. We got stopped at a police road check. One of the bottles was actually still half full. Luckily the police didn't notice the bottles. Having open liquor in the car is a very serious offence. I would have been screwed (even though it was just a mistake, the police could have arrested me).
I was on a road trip down to California. My friends and I pulled over at a road stop off highway 101. They slept on the beach and I slept in the car. at 3am the cops showed up. The screamed at me and told me to get out of the car (I did so in my underwear.) They told me that sleeping on a beach was illegal in California and ignorance of the law was not an excuse. They told me that they could arrest me right there if they wanted to. Thankfully, after interrogating me for 10 minutes, one of the officers thought it was best to let me go with a stern warning. I hate California, in Oregon the cops just told us, "you boys better leave before 10pm, or the park rangers will lock you in, have a safe night." One cop pulled us over in Oregon because he said, "you look like you are lost, can I help you out?"
I think you are being a little harsh on our criminal OP here. |
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apgujohn
Joined: 09 Feb 2011
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| Posted: Thu Feb 10, 2011 7:24 pm Post subject: Re: not guilty |
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| ttompatz wrote: |
The POLICY in most K-immi offices (by presidential suggestion (and political pressure)) is "0" tolerance for anything positive on the CRC and with the current glut of applicants they can get away with it.
This is different than in 2008 for example when they would overlook some minor offenses that were not alcohol, drug or violence related.
. |
First post on Dave's. I'm casual reader of this forum who has abandoned a self-imposed silence after reading this load of misinformation. The immigration office does not have anything even approaching a "0" tolerance policy. It's difficult, but people have been known to get a visa with a hit on their CBC. Yes, even the dreaded DUI. (Funny side story... I have a buddy currently teaching in SK who got his visa in 2010. He was worried about his dark, shady past which included one DUI. Everything went smoothy until the visa interview at the consulate in the States. When they approached the topic of his DUI the representative from Korea said, "Well, I see you have a DUI." He replied, "Yeah, I was young and stupid. I'm a changed man." The Korean's response is absolutely classic, "Well you needn't worry about an offense like this because, you see, you won't be driving any cars in Korea." Haha)
So you wanna work in Korea with a DUI? I'm not going to take a side when it comes to that whole debate above besides saying that I think drinking and driving is a ridiculously stupid/selfish crime to commit. Anyhow, here's what you need to do... You basically need to find an employer who is willing to go to bat on your behalf at the immigration office. You may also need to jump through a couple of extra hoops like providing a letter of recommendation, a letter of explanation, etc.
The problem for candidates with a criminal record is the fact that most employers are simply not willing to vouch for you when they have a pile of CV's from perfectly capable candidates sans DUI.
So forget these annoying debates about semantics and common law. You're probably out of luck if you've got a DUI and no employer in Korea willing to vouch on your behalf. Sorry! Maybe think of becoming President? Or how about a teacher in the United States? A televangelist? Lawyer? You're more than capable of aspiring to those lofty positions; but alas, you will probably never become an ESL edutainer in South Korea. |
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