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Anybody who DOESN'T have a clean criminal background check?
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PigeonFart



Joined: 27 Apr 2006

PostPosted: Thu Jan 28, 2010 3:37 am    Post subject: Reply with quote

I got my job inspite of my criminal record...

....REGICIDE (the murder of a king).
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DosEquisXX



Joined: 04 Nov 2009

PostPosted: Thu Jan 28, 2010 6:26 am    Post subject: Re: Anybody who DOESN'T have a clean criminal background che Reply with quote

Quack Addict wrote:
In 1994 I got busted stealing pumpkins and smashing them on the road. I did a criminal background check and that misdemeanor appeared on my record. I turned my info over to my school for a visa run and the government denied me. The school is trying to petition on my behalf since it happened when I was 21 (almost 16 years ago). I think it also falls into the "prank" category and not really the "criminal". Anybody out there get into a school with a minor criminal offense?


Why does this remind me of Cool Hand Luke knocking the heads off of parking meters?
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hellofaniceguy



Joined: 10 Jan 2003
Location: On your computer screen!

PostPosted: Sun Nov 18, 2012 7:10 am    Post subject: Reply with quote

young_clinton wrote:
I thought that, at least in the USA, misdemeanors and felonies didn't appear on your records after 7 years.

That is to say after 7 years a person has a clean record, as long as you don't do anything else.

It really sucks to hear that this is not the case.


If someone is arrested in the U.S., not talking convicted now, arrested,
your prints are submitted/ran through the state depository AND the feds,
if you are unlucky enough to have been convicted of a crime and sent to prison, not talking jail but prison....your prints are taken by the DOC/the states Department of Corrections...same with the fed system....
another words...anytime your your prints are taken...they are in the system.
And actually, your prints are taken again even if your are sentence to less than one year....it's the disposition of your case.
Even if you apply for a job that requires a background check and your prints are taken...they are now in the system.
They are NEVER deleted from the system even if your record is expunged! Never deleted.
This talk about "after 7 years ones' record is no longer around" is nonsense. Your record is for life in the system.
If it is expunged...then no record exists for the general public to see, but it's still "their." However, no record exist for that person which is also reported on a records check.
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John Stamos jr.



Joined: 07 Oct 2012
Location: Namsan

PostPosted: Sun Nov 18, 2012 8:28 am    Post subject: Reply with quote

hellofaniceguy wrote:
If someone is arrested in the U.S., not talking convicted now, arrested,
your prints are submitted/ran through the state depository AND the feds,
Never deleted.


It's not that clean-cut, and there's a lot of bureaucracy involved in this matter. I'm not up to date on how the state and feds distribute information, as I've never been arrested, and generally don't care since it doesn't affect me... but I know two people who work in Korea who have outstanding DUI's. Neither of their offenses showed up on the FBI CBC. One of the people I'm referring to had two DUI's from NY from four plus years ago... who left Korea because he thought that was going to show up on his CBC. But, it didn't, and he's now working in Korea, again.

Another friend of mine, who also had a DUI on his state record, around six months outstanding, never showed up for court, and just bailed to Asia, without ever dealing with that issue, also came back with a clean FBI CBC. Virginia or Pennsylvania, forget which state, one of the two.

In college I did criminal background checks/company reports for over a year (Santa Barbara, when MJ was going through that shit, it was busy), and even though I have a few speeding tickets and noise violations in California that I never paid, they won't affect me unless I get stopped in that particular county, assuming I ever go back there. Maybe they'll create some kind of integrated system soon, and I'll count on that, but I don't think it exists now.
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young_clinton



Joined: 09 Sep 2009

PostPosted: Mon Nov 19, 2012 6:39 am    Post subject: Reply with quote

ontheway wrote:



If your CBC was submitted and denied, then Korean Immigration has your criminal background check on file now. Getting a new one will not help, since they will still look at your first CBC.



Anybody else know anything about Immigration saving CRC's from accepts or rejects? Also if they do I wonder for how long?
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Mon Nov 19, 2012 6:48 am    Post subject: Reply with quote

young_clinton wrote:
ontheway wrote:



If your CBC was submitted and denied, then Korean Immigration has your criminal background check on file now. Getting a new one will not help, since they will still look at your first CBC.



Anybody else know anything about Immigration saving CRC's from accepts or rejects? Also if they do I wonder for how long?


I think ttompatz has commented that once on file, it stays there. I would would disagree a little, human nature and related can rear it's ugly head. For example once, I went into the office and asked if they had my information of record for a possible renewal. Yep, they said. When it cam time to renewal, they could not find it.

The odds are still, that once in, they will know. Maybe you might have a good day and the official will not look at the past, but rather at a nice shiny NO record found CRC!

Good Luck
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J Rock



Joined: 17 Jan 2009
Location: The center of the Earth, Suji

PostPosted: Mon Nov 19, 2012 8:54 am    Post subject: Reply with quote

It's about time I weigh in on this topic, I had a pretty significant "blemish" on my record when I was 22 years old. Yes it was a felony, no I didnt do any time, just paid a fine and had probation for a year.

Move forward couple of years, I finished up my degree, and in 2007 I came over here to teach. There was no background check at that time so I was good to go. Made it through the first year no problem but towards the end of my first year they were talking about this whole background check and I started to get worried they were gonna kick my ass out of the country if they found out. I was able to slip through for the fact that I extended my visa with the same employer and at that time if you did that you didnt have to go through the background check.

So I was good to go for another year. I was going to try to extend again at the same school and slip past the background check again but this time it was a no go. I was screwed, so I started looking at how to get this mark off my record. In Michigan you were able to get one felony expunged off your record if you met 2 requirements, 1 being that you didnt commit any other crimes since you were first charged and 2 you had to wait like 5 or 7 years (I can't remember which one but 7 years had passed so I was good.)

I contacted a lawyer back in Michigan (actually the same guy who represented me the first time so he knew my situation.) He set up all the paperwork, and scheduled a court hearing that I had to be present for. Went in front of the judge, she asked mer a couple questions, my attorney showed her my paper work and that was it Felony expunged.

I waited 2 weeks got my background check and low and behold felony gone. It did say something like "sealed case" or something but immigration didnt even question it.

I'm back in Korea, married, and have a kid, and doing well. Proof that a punk kid who made some bad choices in his younger days was able to turn it around and be a responsible adult. (kinda responsible.)

So long story short you can have a criminal record (kind of) and still work in Korea you just have to have it expunged properly and thats a long process. I should also mention all states are different and my example only pertains to Michigan.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Mon Nov 19, 2012 9:42 am    Post subject: Reply with quote

J Rock wrote:
It's about time I weigh in on this topic, I had a pretty significant "blemish" on my record when I was 22 years old. Yes it was a felony, no I didnt do any time, just paid a fine and had probation for a year.

Move forward couple of years, I finished up my degree, and in 2007 I came over here to teach. There was no background check at that time so I was good to go. Made it through the first year no problem but towards the end of my first year they were talking about this whole background check and I started to get worried they were gonna kick my ass out of the country if they found out. I was able to slip through for the fact that I extended my visa with the same employer and at that time if you did that you didnt have to go through the background check.

So I was good to go for another year. I was going to try to extend again at the same school and slip past the background check again but this time it was a no go. I was screwed, so I started looking at how to get this mark off my record. In Michigan you were able to get one felony expunged off your record if you met 2 requirements, 1 being that you didnt commit any other crimes since you were first charged and 2 you had to wait like 5 or 7 years (I can't remember which one but 7 years had passed so I was good.)

I contacted a lawyer back in Michigan (actually the same guy who represented me the first time so he knew my situation.) He set up all the paperwork, and scheduled a court hearing that I had to be present for. Went in front of the judge, she asked mer a couple questions, my attorney showed her my paper work and that was it Felony expunged.

I waited 2 weeks got my background check and low and behold felony gone. It did say something like "sealed case" or something but immigration didnt even question it.

I'm back in Korea, married, and have a kid, and doing well. Proof that a punk kid who made some bad choices in his younger days was able to turn it around and be a responsible adult. (kinda responsible.)

So long story short you can have a criminal record (kind of) and still work in Korea you just have to have it expunged properly and thats a long process. I should also mention all states are different and my example only pertains to Michigan.


Thanks for telling us. Your a smart man for finding a way to help yourself. Even better is you put the effort in.
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jimmyjames1982



Joined: 13 Nov 2008

PostPosted: Mon Nov 19, 2012 9:46 am    Post subject: Reply with quote

I worked in Korea for 4 years with no incidents and great references. I went home for a bit and decided to go back to Korea this year. I found a job and this time I submitted my FBI check that had a mark on it from 2005 for diving a motorcycle w/o a license endorsement. My moto license was actually expired, I eventually had to be fingerprinted because I missed my first court date to show the judge my updated license due to work obligations. I went to my next scheduled court date and the judge immediately dismissed my case.

Now it's on my FBI check, it's clearly says case dismissed and that I plead not guilty.

The illogical immigration officer denied my VISA for a dismissed charge.

Then the recruiter tells me that people have been granted visas with domestic violence on their record.lol.. no figure
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J Rock



Joined: 17 Jan 2009
Location: The center of the Earth, Suji

PostPosted: Mon Nov 19, 2012 12:45 pm    Post subject: Reply with quote

Skippy wrote:
J Rock wrote:
It's about time I weigh in on this topic, I had a pretty significant "blemish" on my record when I was 22 years old. Yes it was a felony, no I didnt do any time, just paid a fine and had probation for a year.

Move forward couple of years, I finished up my degree, and in 2007 I came over here to teach. There was no background check at that time so I was good to go. Made it through the first year no problem but towards the end of my first year they were talking about this whole background check and I started to get worried they were gonna kick my ass out of the country if they found out. I was able to slip through for the fact that I extended my visa with the same employer and at that time if you did that you didnt have to go through the background check.

So I was good to go for another year. I was going to try to extend again at the same school and slip past the background check again but this time it was a no go. I was screwed, so I started looking at how to get this mark off my record. In Michigan you were able to get one felony expunged off your record if you met 2 requirements, 1 being that you didnt commit any other crimes since you were first charged and 2 you had to wait like 5 or 7 years (I can't remember which one but 7 years had passed so I was good.)

I contacted a lawyer back in Michigan (actually the same guy who represented me the first time so he knew my situation.) He set up all the paperwork, and scheduled a court hearing that I had to be present for. Went in front of the judge, she asked mer a couple questions, my attorney showed her my paper work and that was it Felony expunged.

I waited 2 weeks got my background check and low and behold felony gone. It did say something like "sealed case" or something but immigration didnt even question it.

I'm back in Korea, married, and have a kid, and doing well. Proof that a punk kid who made some bad choices in his younger days was able to turn it around and be a responsible adult. (kinda responsible.)

So long story short you can have a criminal record (kind of) and still work in Korea you just have to have it expunged properly and thats a long process. I should also mention all states are different and my example only pertains to Michigan.


Thanks for telling us. Your a smart man for finding a way to help yourself. Even better is you put the effort in.


Thanks it wasen't easy or cheap to do but I knew I was not going to get a job anywhere, US or Korea, with a felony.

I have less sympathy for the people that just bitch and complain about it, do some research and figure out how you're going to get yourself out of that mess. I cant imagine it would be difficult to get a drinking offense or a petty theft or something off your record if you showed a little initiative.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Mon Nov 19, 2012 11:51 pm    Post subject: Reply with quote

J Rock wrote:
Skippy wrote:


Thanks for telling us. Your a smart man for finding a way to help yourself. Even better is you put the effort in.


Thanks it wasen't easy or cheap to do but I knew I was not going to get a job anywhere, US or Korea, with a felony.

I have less sympathy for the people that just bitch and complain about it, do some research and figure out how you're going to get yourself out of that mess. I cant imagine it would be difficult to get a drinking offense or a petty theft or something off your record if you showed a little initiative.



That is the key point, you can moan and complain about how unfair the world is. You can hope and wish for an easy answer to fall in your lap, but it does not happen.

Quote:
The best way to escape from a problem is to solve it.--Brendan Francis


Let me add in the word - YOURSELF.

So to the poster that has a previous motorcycle incident on his record. How are you going to solve this problem. How are you going to help yourself. I can see two options for you. Sorry it will take some work, money, and time.

1. Do the same as JRock and get the record expunged or cleared.

2. Explain what it the charge on your record is. Not to me, to the officials. Here is the thing to consider, Korean officials are likely best in speaking and understanding KOREAN. So get the CRC translated. Provide more details and get a nice letter written explaining the situation. Better would have a third party explain, in nice legalese. Once again get it translated and verified. If an official just sees a simple quote on the paper, they will likely make a snap decision of NO. You can guide them to a better choice in your favor, you just have to provide and walk them through the choice.

3. Do both!

Good Luck.
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Quack Addict



Joined: 31 Mar 2008
Location: Seoul

PostPosted: Sun Dec 16, 2012 7:36 pm    Post subject: Reply with quote

I think I posted this thread back in 2010. Anyway, I ended up getting a federal background check and it turned up clean. I went ahead and had my old charge expunged from my record as well. Hopefully that will benefit me in the future if an employer in America wants to see my record. Cheers.
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jvalmer



Joined: 06 Jun 2003

PostPosted: Sun Dec 16, 2012 10:15 pm    Post subject: Reply with quote

Never realized so many people had to worry about their criminal records. I wonder what percent of the general population have a record?
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young_clinton



Joined: 09 Sep 2009

PostPosted: Mon Dec 17, 2012 7:51 am    Post subject: Reply with quote

It's interesting it didn't show up. Was it so long ago that at that time misdemeaners were not reported to the FBI? Or maybe the state just didn't want to report it.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Dec 17, 2012 7:58 am    Post subject: Reply with quote

25-30% of all Americans (from birth to death) have some comment on their FBI CBC.

They are the most criminalized society on the planet.
Welcome to the Litigious States of America.

.
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