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DUI blemishes on your record
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ncabroad



Joined: 14 Feb 2012

PostPosted: Wed Feb 22, 2012 7:42 pm    Post subject: DUI blemishes on your record Reply with quote

Recently, I searched if DUIs on FBI criminal background checks keep you from teaching in Korea and found lots of guesses and misinformation. I just went through the process and wanted to relay my personal experience.

I have been working in Korea for 8 years and at the same school for 3. My first check was from my state and came up clean. My FBI check came back with a DUI and driving without a license plate (posted in the wrong place) I received in 1999 while on vacation.

I took my information to immigration and they saw I had been in Korea for 8 years without incident. The immigration official was very amicable and explained I had to: 1. Get the criminal record professionally translated and stamped. 2. Take it to my school and have the president or (hagwon) manager stamp it for approval. 3. Return to immigration where the area supervisor would have to give final approval.

The agent also explained that if at anytime one of these processes were unsuccessful I would be denied. He also stated the immigration supervisor could also deny the petition regardless. Upon completion of the guidelines I received my visa without incident and decided to post this experience for those facing similar circumstances.

I need to reitterate that I am American (so I'm not sure about any other countries), this process is for those working in Korea and reapplying for a visa. In several other forums I've been asked about newcomers and I'm sorry but I have no idea, only suggestions.

Have your record professionally translated, be upfront with your school and get them to sign off on it and be humble and understanding while communicating with immigration. I hope this helps people who have searched the same plethora of key words and postings as I without success. Good Luck!!!.
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proverbs



Joined: 28 Apr 2009

PostPosted: Wed Feb 22, 2012 10:36 pm    Post subject: Reply with quote

you're actually very lucky. i had friends in the past that wanted to come to teach in Korea, but couldn't because they had a DUI on their record.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Feb 22, 2012 10:47 pm    Post subject: Reply with quote

8 years in the country without incident and an understanding boss made all the difference in the world.

It is NOT to be compared to a newbie on a first visa application.

.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Thu Feb 23, 2012 7:56 am    Post subject: Reply with quote

proverbs wrote:
you're actually very lucky. i had friends in the past that wanted to come to teach in Korea, but couldn't because they had a DUI on their record.


As ttom said however this would be for a newbie coming to Korea. Someone who has lived and worked in Korea for a few years without incident will not get the same reaction to a DUI on his past record vs a complete newbie.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Thu Feb 23, 2012 8:06 am    Post subject: Reply with quote

thanks for the update! I think go the extra mile with translate and being patient really helped. For many people they want the short cuts and easy answers.

Good Luck in the future. Also consider seeing if you can expunge your record.
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buster brown



Joined: 26 Aug 2005
Location: Seoul

PostPosted: Thu Feb 23, 2012 6:05 pm    Post subject: Reply with quote

I recently had a similar experience with immigration and also had a positive outcome. I've been teaching at universities or university language centers in Korea for 6 years now (also without incident) but this is the first time I've had to submit an FBI check.

I had a DUI about 20 years ago, in a state which doesn't allow DUIs to be expunged from your record. When I submitted my background check, the immigration agent was helpful and told me to write a letter explaining the circumstances of the DUI. He gave me blank paper to do it right then and there at the counter. He then told me that, because of my DUI occurring so long ago, he didn't see it as a big deal, but that the supervisor would look over my application and I would hear back from them in 1 or 2 weeks.

After a week had passed, I called to ask about the results and was put on hold for around 10 minutes. The person on the phone came back and told me that the supervisor had just (at that moment) approved my application and I could come pick up my ARC. I took that to mean that my paperwork was sitting on someone's desk and they didn't get around to it until I called to check on its status.

My requirements were different from the OP's, but we both were granted E-2 visas. I wonder if it's just the arbitrary nature of different immi officials or it's because I'm teaching at a uni while the OP is teaching at a hakwon. I didn't have to translate my background check and the school was not asked to sign off on anything. I'm curious to hear about others' experiences to see if there's a 'standard' way that immigration plans to deal with those of us with blemishes on our CBCs.
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broken76



Joined: 27 Jan 2008

PostPosted: Thu Feb 23, 2012 11:41 pm    Post subject: Reply with quote

There is no set rule on DUI's or other various things on your record. The regulation states that violent, sexual or drug related offenses are automatic rejections while anything else is up to the immigration office to decide. In the past teachers with DUIs have been able to get Visas but from recent experience it seems that anything on a record has led to a rejection. In the long run for an immigration officer they don't want to be blamed for anything so they take the safe route of denying anyone with a criminal record.
If you have a DUI see if it can be expunged from your records. In some states they do allow it after a certain period of time has past.
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Adventurer



Joined: 28 Jan 2006

PostPosted: Fri Feb 24, 2012 1:21 am    Post subject: Reply with quote

There is no real rule regarding getting a DUI, but you're more likely to be accepted if you're a veteran than if you're a newbie even if you don't get it translated. It also depends on how important your employer is. If an important institution that has connections is applying for you and you have experience in Korea, you've got a good shot at it. However, if you're a newbie, you're going to go through a recruiter in many cases and most recruiters will wrongly tell you that immigration won't accept you under any circumstances, which is not true. However, a newbie is not in the system, so the newbie is taking somewhat of a bigger risk than an old-timer. It's normal that Korea will look more favorably on those with a DUI from a long time ago who have experience in Korea. A DUI is not the worst offense ever, but it is a bad offense. There's some flexiblity on the issue.
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Smithington



Joined: 14 Dec 2011

PostPosted: Fri Feb 24, 2012 5:21 am    Post subject: Reply with quote

I've always found it astonishing that a country of habitual law breakers would deny someone entry because of a traffic-related offence. The ajoshi with his 'denied' stamp probably ran five red lights on his way to work, and likely ran another five on his way home.

Crazy.
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nickwils



Joined: 30 Apr 2007
Location: Asia

PostPosted: Fri Feb 24, 2012 12:44 pm    Post subject: Reply with quote

Or just don't drink and drive?

It's against the law.

Rocket science it ain't.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Feb 24, 2012 1:06 pm    Post subject: Reply with quote

Smithington wrote:
I've always found it astonishing that a country of habitual law breakers would deny someone entry because of a traffic-related offence. The ajoshi with his 'denied' stamp probably ran five red lights on his way to work, and likely ran another five on his way home.

Crazy.


Not to say that I disagree with your point or agree with the current rules, but ...

Maybe they think they have enough lawbreakers already and just don't want any more.
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forster.joe



Joined: 15 Aug 2011

PostPosted: Mon Mar 05, 2012 2:39 pm    Post subject: Reply with quote

Quote:
Or just don't drink and drive?

It's against the law.

Rocket science it ain't.


Well I'm sure he wouldn't do it again and would change it if he could but what's done is done.

Why does this make him unsuitable (in a moral sense) to teach kids in Korea?

Must be nice to be perfect...
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Adventurer



Joined: 28 Jan 2006

PostPosted: Tue Mar 06, 2012 12:31 am    Post subject: Reply with quote

forster.joe wrote:
Quote:
Or just don't drink and drive?

It's against the law.

Rocket science it ain't.


Well I'm sure he wouldn't do it again and would change it if he could but what's done is done.

Why does this make him unsuitable (in a moral sense) to teach kids in Korea?

Must be nice to be perfect...


Obviously, it's something you shouldn't do, but many people with that on their record were people who were caught. So many people have done it without being caught. You can technically be charged after just having had 3 beers depending on when you last had alcohol in your system, your weight, height etc..... If everybody who did it was charged, we'd have a much larger percentage of people with that on their record. That said, I think more needs to be done to discourage the behavior, make it easier for people who are slightly inebriated to make it home without having a problem getting home.
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swinewho



Joined: 17 Aug 2009

PostPosted: Tue Mar 06, 2012 5:17 am    Post subject: Reply with quote

Quote:
Obviously, it's something you shouldn't do, but many people with that on their record were people who were caught. So many people have done it without being caught. You can technically be charged after just having had 3 beers depending on when you last had alcohol in your system, your weight, height etc..... If everybody who did it was charged, we'd have a much larger percentage of people with that on their record. That said, I think more needs to be done to discourage the behavior, make it easier for people who are slightly inebriated to make it home without having a problem getting home


Brownie points here for Korea:

They have the taxi driver scheme, where you call them and they drive your car home with you in it, their buddy follow you and then pick the driver up - almost the same price as a cab in my experience........
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forster.joe



Joined: 15 Aug 2011

PostPosted: Tue Mar 06, 2012 11:02 am    Post subject: Reply with quote

Quote:
Posted: Tue Mar 06, 2012 12:31 am Post subject:
forster.joe wrote:
Quote:
Or just don't drink and drive?

It's against the law.

Rocket science it ain't.


Well I'm sure he wouldn't do it again and would change it if he could but what's done is done.

Why does this make him unsuitable (in a moral sense) to teach kids in Korea?

Must be nice to be perfect...


Obviously, it's something you shouldn't do, but many people with that on their record were people who were caught. So many people have done it without being caught. You can technically be charged after just having had 3 beers depending on when you last had alcohol in your system, your weight, height etc..... If everybody who did it was charged, we'd have a much larger percentage of people with that on their record. That said, I think more needs to be done to discourage the behavior, make it easier for people who are slightly inebriated to make it home without having a problem getting home.


Definitely. I'm not sure what the laws are in the US but in the UK they are very confusing aswell. One person can be over the limit after half a pint and another can be still within the limit after two. Nevertheless, it's not clever and should be punished.

However, this notion of 'one strike and your out' seems very unfair to those with minor violations. Especially seeing as, in the UK at least, the Police seem to hand out cautions and the like hot cakes...
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