Korean Job Discussion Forums

[jasonXkeller]

Suppose someone I know is applying for a public school job. His or her FBI CBC is clear. His or her local CBC is clear, but about 14 years ago, they were charged with carrying a concealed firearm in their car. The charges were dismissed.

Not me, of course, but said person, is quite concerned about his or her application asking if they have ever been charged with a crime, whether or not they were convicted.

I am inclined to advise this person, that, if indeed, your cbc show no arrest record that you should answer No on the application. First, on principal. Anyone can be charged with anything. How can one be judged by something that they were simply accused of? At least in this person's country, one is presumed innocent until proven guilty. Second, I think they are bluffing. It seems like an interrogation tactic to find information that would otherwise be nearly impossible obtain(they did this to us in the military). They already had the applicant pay for a CBC. The FBI will not be forthcoming with any more information for them and it seems unlikely that they would pay for additional overseas background checks.

If it were not for the nature of the charges, and the assumptions that accompany them, I would advise this person to just be honest but I can't see the sense in them missing out on a job opportunity over something they were charged with, but not convicted of, over 14 years ago. Especially if the employer will likely not look, and could not find if they did, any information about their case.

Do you think this is good advice? Why/Why not?

[mwalls]

I agree with your initial feeling, that with a clear CBC and a mere accusation your friend should say no. I know I would.

[ttompatz]

IF it doesn't show on the FBI check then the answer is NO.
Immigration doesn't care as long as the FBI check is clean and has an apostille on it.

If "your friend" answers anything else they will NOT get a job - full stop and end of discussion.

.

[PatrickGHBusan]

If the national CBC is clear then its clear.

That means your friend can answer "no" to the question and be on his or her way.

[Wildbore]

If you friend wants to be a liar, might as well just pick up a PHd at a Thai degree farm and start applying to unis.

The FBI CBC has nothing to do with whether or not you want to lie on some other form, it only says if you have a conviction or arrest record with the FBI. Being charged is completely different than an arrest or conviction.

If he was charged at some point in his life, and he states on the form that he was never charged, that makes your friend a liar.

[jasonXkeller]

The oracle as spoken! Thank you @ttompatz and all who voted. I will assure "my friend" that the advice I've given is bona fide.

[jasonXkeller]