Korean Job Discussion Forums

[olsanairbase]

[SoylaMBPolymath]

In the event that you have ever been arrested and your fingerprints were taken, this in and of itself does not mean you will receive a marred FBI CBC. The FBI accrues criminal information as it is submitted to it by local law enforcement and that information is submitted to the FBI with different standards.

From the FBI's FAQ Page regarding CBC:

"The CJIS Division is not the source of the data appearing on identification records. All data is obtained from fingerprint submissions or related identification forms submitted to the FBI by local, state, and federal agencies. As a result, the responsibility for authentication and correction of such data rests upon the contributing agency (i.e., police department, county court, etc.). Please contact this agency or the central repository in the state where the arrest occurred to request a change, correction, or update. The FBI is not authorized to modify the record without written notification from the appropriate criminal justice agency."



In other words, while one local law enforcement entity may submit any and all arrests to the NCIC (National Crime Information Center), another may not. What they are given varies by state. Take my state for example. I live in Texas. Texas's statute as to CCH (Computerized Criminal History) information is as follows:

From the Texas Code of Criminal Procedure, Chapter 60: Criminal History Record System:

"Art. 60.05. TYPES OF INFORMATION COLLECTED. The criminal justice information system must contain but is not limited to the following types of information for each arrest for a felony or a misdemeanor not punishable by fine only[...]"

The key portion of this excerpt is "a misdemeanor not punishable by fine only." In Texas, the only type of Misdemeanor purely punishable by fine is a Class C Misdemeanor.

The language is de-legalesed on the Texas Department of Public Safety's Web Page regarding Computerized Criminal History:

"WHAT DATA IS INCLUDED IN CCH?

Chapter 60, CCP requires that information on arrests, prosecutions and the disposition of the case for persons arrested for Class B misdemeanor or greater violation of Texas criminal statutes be included in CCH. ..."

So, in Texas, a person could be arrested (and printed!) for a public intoxication Class C Misdemeanor violation and the arrest would not be submitted to the State's Computerized Criminal History Depository. Violations to be entered in the State's CCH should be submitted to the Department of Public Safety within 7 days, but not after 30. A DWI, on the other hand, would be submitted as it is a Class B Misdemeanor. Worth noting is that a municipal magistrate does have the option of submitting a Class C Misdemeanor to the CCH in the event that the party accused of the violation fails to appear before a judge (if required) and fails to submit to activity of compliance (if required) for deferred disposition. Thereafter, a judge would find the individual in question guilty of the activity and that conviction would be reported up the chain to the Texas DPS CCH, which thereafter would submit that information to the FBI. In the event that the person who committed a Class C Misdemeanor fully complies with the orders of a judge and the case is dismissed, the arrest record (prints, mug shot and all) are not forwarded to the State for inclusion in the State's CCH database, the database which submits prints to the FBI. It all exists at the city level, but the people in West Virginia are not privy to the information lest your municipality and/or state gives them the information.

It's important to emphasize again that standards of reporting vary by state and by statute. For example, Kansas (just a random choice, Toto) does not appear to make any distinctions and reports and any all arrests to its Kansas Bureau of Investigation:

"KANSAS CODE OF CRIMINAL PROCEDURE
Article 47: Criminal History Record Information
Statute 22-4705: Reportable events; establishment of criminal justice information system central repository; reports; method of reporting. (a) The following events are reportable events under this act:

(1) Issuance of an arrest warrant;
(2) an arrest;
(3) release of a person after arrest without the filing of a charge;
(4) dismissal or quashing of an indictment or criminal information;
(5) an acquittal, conviction or other disposition at or following trial, including a finding of probation before judgment;
(6) imposition of a sentence;
(7) commitment to a correctional facility, whether state or locally operated;
(8 ) release from detention or confinement;
(9) an escape from confinement;
(10) a pardon, reprieve, commutation of sentence or other change in a sentence, including a change ordered by a court;
(11) judgment of an appellate court that modifies or reverses the lower court decision;
(12) order of a court in a collateral proceeding that affects a person's conviction, sentence or confinement, including any expungement or annulment of arrests or convictions pursuant to state statute; and
(13) any other event arising out of or occurring during the course of criminal justice proceedings declared to be reportable by rule or regulation of the director. "


So there is really no cut and dry way of saying "THIS" is how you know if you have a criminal record. The real way to know is to inquire with the arresting department and learn what the standards of reporting are within your respective cities and states. They are not all the same. Fingerprinting is not the perfect metric. It's not about "falling through the cracks", it's about what the laws are in your states of residence.

Lastly, I am not too eager to dip into the conversations surrounding the suitability of those with "jacked up" pasts to teach in South Korea, but I will say this: People are not perfect. I know I'm not. I've been to jail. But does this mean I'm in the same league as Jeffrey Dahmer, John Wayne Gacy, or Ted Bundy? No. History's known some pretty powerful jailbirds. MLK, Gandhi, and Rosa Parks come to mind. I'm not saying I'm nearly as esteemed or worthy as any of them, but I am saying that it's beyond ridiculous to judge someone's character on the basis of whether or not they've been arrested. What I am not saying is that South Korea is not justified in using an arrest record as a standard by which to accept or reject applicants. They don't need us, we need them. But the individuals on this forum who are quick to judge should step away from the keyboard and judge not. You don't even know me, who are you to decide what kind of person I am? I owe you no explanations.

Also, I've seen a few recruiters who've claimed success placing candidates with "minor" offenses like DUI (notice the quotes, I think DUI is DUMB, DUMB, DUMB. Dumb. Not minor in the least, but it's not my place to judge, either). They've said it really just depends on who is reviewing your visa application. If the Korean immigration official is having a good day, it might be your lucky day; if not, no visa for you.

I would love to teach in South Korea. Not just because I'm tired of being unemployed (and living in Texas), but because I believe I'd be good at it. I wouldn't expect it to be a perfect experience, but what type of life is one embraced in the arms of dull perfection? Long post. Sue me. I only post once a month anyway.

[MIKESHU]

[SoylaMBPolymath]

I received my CBC today...clean as a whistle.

[DaHu]

[jonski]

Hi,

I would like to add something to this debate. I recently arrived on Wednesday 6th April and my visa has gone through with no problems. I might also mention that when I was 17 I was arrested for something and later released as I was found to be innocent. I therefore disagree with the filtering system at the very start which says if you have had your fingerprints taken then you are not eligible. They took swap samples, mug shots and finger prints from me and here I am in South Korea, typing from my apartment in Gwangmyeong.

[ZIFA]

[cyui]

Fingerprints? :shock:

[ZIFA]

[hellofaniceguy]

People do slip through the cracks.....I know guy who served 31 years in prison....31 straight years...never was on parole....he maxed out (meaning no parole no one to answer to)...he was convicted of 1st degree murder...he needed a CRC AND fingerprint check for a job....job application did not ask if he/she had ever been arrested...so he took the approach...don't ask/don't tell....his CRC comes back FROM the Fed's....NO RECORD!
Week later...he applies to buy a gun....he gets approved.
This is a TRUE story...no bull....
I know a few others who applied for gun permits and I KNOW they were convicted of felonies and served time in prison and yet have no criminal record.
No...the fingerprints were not altered, etc...local PD's did not do their job and send off the prints to the Fed's years ago.
Another case...last year...Guam.....guy joins the Marines....served 5 years...get's kicked out for whatever......uses his brother's name and social and joins the Navy! Ripped of the Navy Federal Credit Union....gets caught....and come to find out....his prints were never on file when he joined the Marines! Which is why he came up clean when he joined the Navy!

[southernman]

Sounds like it can all be a bit of a crap shoot in the states.

And the dice you're playing with are basically loaded by either the competence or incompetence of the sentencing officer.

I prefer the system that is pretty much accepted by most commonwealth countries. After 7 years, if you have a charge, it gets expunged if your charge is deemed not to be serious. Logistically wise, it must be a nightmare in states.

I'm also not going to take the high and mighty route. Everyone makes mistakes when they're young, that's why the whole expunged thing was bought about. Some people forget about their mistakes, while some proudly remember and some poor people have to live with them for the rest of their lives.

[Illysook]

I was fingerprinted once but not charged with anything, so I was a little worried. However, my BCI came back clean. It's like my attorney told me before I originally came to Korea, you just have to request the record and see what happens.

[ZIFA]

[geosdsd]

I think my question fits under this thread, so instead of making a new thread I'll post it here.

Has anyone been able to get a job teaching English in Korea with a DUI on their record? I got a DUI about six months ago and I'm hoping to teach once I graduate from college (approximately one year and six months from now).

I've heard that I can get my DUI expunged after three years, in that case my DUI would only appear in police records and what not. Anyone know whether it comes up in a FBI check?

[jonski]

I think you will be OK, although I have nothing to prove it apart from hearsay . I was talking with a friend of a friend who taught in SK nearly 10 years ago and he also was caught driving under the influence and he had no problems.