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Dodge7
Joined: 21 Oct 2011
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 Posted: Tue May 22, 2012 6:22 am Post subject: |
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| teaching in Korea is NOT his only option for employment. Tell him to find another area to work in. |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Tue May 22, 2012 6:45 am Post subject: |
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| rwallngfrd wrote: |
| My nephew's misdemeanor can be expunged in California. But that won't remove the arrest from the FBI CRC. Even though it's 21 years old, it will still show up as an arrest if he re-submits fingerprints to the FBI. I don't think there is any way to seal an arrest. Anybody ever heard of anyone doing that from California? |
If it's expunged in California they have to expunge it off of the Federal CBC. Contact the FBI after its expunged or contact a lawyer. |
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Kepler
Joined: 24 Sep 2007
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| Posted: Tue May 22, 2012 6:47 am Post subject: |
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| rwallngfrd wrote: |
| My nephew's misdemeanor can be expunged in California. But that won't remove the arrest from the FBI CRC. Even though it's 21 years old, it will still show up as an arrest if he re-submits fingerprints to the FBI. I don't think there is any way to seal an arrest. Anybody ever heard of anyone doing that from California? |
The feds usually update their records after the state notifies them that the record has been expunged (that might take a while). There is no way to directly petition the FBI to expunge an arrest record. |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Tue May 22, 2012 3:57 pm Post subject: |
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| Kepler wrote: |
| rwallngfrd wrote: |
| My nephew's misdemeanor can be expunged in California. But that won't remove the arrest from the FBI CRC. Even though it's 21 years old, it will still show up as an arrest if he re-submits fingerprints to the FBI. I don't think there is any way to seal an arrest. Anybody ever heard of anyone doing that from California? |
The feds usually update their records after the state notifies them that the record has been expunged (that might take a while). There is no way to directly petition the FBI to expunge an arrest record. |
Pathetic, the government needs to be sued over this. This is a winnable lawsuit. "The right to pursue happiness". The OP didn't break any federal statutes so get the record the **** of the FBI CBC |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Wed May 23, 2012 5:03 am Post subject: |
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| rwallngfrd wrote: |
| My nephew's misdemeanor can be expunged in California. But that won't remove the arrest from the FBI CRC. Even though it's 21 years old, it will still show up as an arrest if he re-submits fingerprints to the FBI. I don't think there is any way to seal an arrest. Anybody ever heard of anyone doing that from California? |
If it's expunged from his state record, it should be expunged/sealed in the FBI records also. If not, he should ask them to update their records before getting the CRC.
| rwallngfrd wrote: |
| Otherwise I've been telling him to go to China. He's got friends who teach in China and also Vietnam. He doesn't think the pay is that great in those countries. |
True. China and Vietnam don't pay quite as well as Korea. On the flip side, he may also have fewer hours there and more mobility regarding which employers he can work for. Cost of living is also lower than Korea. Salary in Vietnam isn't too much lower than Korea. If he's doing freelance or semi-freelance work then he might make as much as in Korea. Decent paying jobs can also be found in the big cities in China but generally they don't pay as much as in Korea. If he has to wait to get his records updated and such, he could go to China or Vietnam for a few months while he waits for his records to be done.
Just out of curiosity, how old is your nephew? If the arrest too place in 1990 and he wasn't a minor at the time, he must be at least 40 now (or pretty close). Why doesn't he join the forum himself to ask for information directly. It would probably be a lot easier. |
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jasonXkeller
Joined: 17 Jan 2012
Location: Redlands, CA
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| Posted: Wed May 23, 2012 10:17 am Post subject: |
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| young_clinton wrote: |
| rwallngfrd wrote: |
| My nephew's misdemeanor can be expunged in California. But that won't remove the arrest from the FBI CRC. Even though it's 21 years old, it will still show up as an arrest if he re-submits fingerprints to the FBI. I don't think there is any way to seal an arrest. Anybody ever heard of anyone doing that from California? |
If it's expunged in California they have to expunge it off of the Federal CBC. Contact the FBI after its expunged or contact a lawyer. |
There is no such thing as an actual expungement in California. You petition the court under pc 1203.4 to have the guilty verdict(or plea) withdrawn. After which, they dismiss the charges. This allows you to legally answer 'no' to the question, "Have you ever been convicted of a crime?". The problem is the arrest. No legal procedure can remove the record of arrest. The arrest record is not a conviction, admission of guilt or any other such thing. The FBI will not remove an arrest record for various reasons, but mainly it is illegal for someone to hold that arrest against us in the US. The problem is that we take for granted our American concept of Innocent Until Proven Guilty. We consider it completely unfair for someone to hold an arrest or charges against us, especially if the arrest did not result in a conviction, BUT Korea is not America. We have to play by their rules. It is unfortunate, but true. |
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