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20+ Year Old Petty Theft Will Disqualify You For E2 Visa?
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DHC



Joined: 15 Jan 2003

PostPosted: Wed Aug 11, 2010 2:34 pm    Post subject: Reply with quote

Regarding an FBI criminal records check and NCIC:
First of all, reporting to NCIC and the UCR are voluntary and not all jurisdictions report arrests or criminal reports to the FBI. IF an arrest is reported, and some jurisdictions report every arrest, then that arrest will appear on the FBI CRC. If an arrest record is expunged by a local or state court, the record will remain on the FBI CRC as the FBI is a federal agency and not subject to local and state court orders. If you are fingerprinted and your fingerprints are sent to the FBI (regardless of the reason) they remain on file. Some jurisdictions report the final disposition of an arrest and the disposition appears on the CRC and other jurisdictions do not report the final disposition so the CRC shows only an arrest.

If you are wondering if this information is accurate, it is accurate based upon 20+ years associated with law enforcement.
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young_clinton



Joined: 09 Sep 2009

PostPosted: Sun Aug 15, 2010 2:34 am    Post subject: Reply with quote

Somebody's gonna take this issue to federal court someday. If a STATE says somebodies clean of doing something in that STATE where the crime was committed, then what gives the FBI the right not to expunge the record also. Totally pathetic.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Sun Aug 15, 2010 9:59 pm    Post subject: Reply with quote

DHC wrote:
Regarding an FBI criminal records check and NCIC:
First of all, reporting to NCIC and the UCR are voluntary and not all jurisdictions report arrests or criminal reports to the FBI. IF an arrest is reported, and some jurisdictions report every arrest, then that arrest will appear on the FBI CRC. If an arrest record is expunged by a local or state court, the record will remain on the FBI CRC as the FBI is a federal agency and not subject to local and state court orders. If you are fingerprinted and your fingerprints are sent to the FBI (regardless of the reason) they remain on file. Some jurisdictions report the final disposition of an arrest and the disposition appears on the CRC and other jurisdictions do not report the final disposition so the CRC shows only an arrest.

If you are wondering if this information is accurate, it is accurate based upon 20+ years associated with law enforcement.



Many records that were expunged show up on FBI reports as "Sealed." People should ask the court they dealt with.
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thurst



Joined: 08 Apr 2009
Location: Seoul

PostPosted: Sun Aug 15, 2010 10:09 pm    Post subject: Reply with quote

if he just paid a fine and went on his way then it was a ordinance violation or a misdemeanor and he should be okay.
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Illysook



Joined: 30 Jun 2008

PostPosted: Wed Aug 18, 2010 12:44 pm    Post subject: Reply with quote

This record check is "For employment" It is a civil rights violation for the FBI to provide information to an employer if it is not related to employment. This includes your employer in Korea. Something that happened 20 years ago which has been esponged is not related to your current employment.

The problem is that teachers usually request that this report be sent to themselves. When you do this, everything that you have ever done is likely to show up, even if you were arrested and not charged with a crime.

I think that it may be possible to apply for employment in which this check is required, and then to request a copy of the check from your employer. Or, if you wish to help out in the nursery or Sunday school at your church, you could have the check done and sent to the church for this purpose. Then you could ask your pastor to give you a copy.
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rayne



Joined: 05 Aug 2009

PostPosted: Wed Aug 25, 2010 3:24 pm    Post subject: Reply with quote

my coworker just told me that she is planning to go over and teach English soon but when she was 17/18 she was caught shoplifting at Sears or Zellers, or some sort of large department store. Her parents were called and picked her up and then they got a fine in the mail (I think it was $500?) and they paid it. Will it show up in her record? This is in Canada, by the way.
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nacho



Joined: 08 Oct 2014
Location: A gloomy pub

PostPosted: Fri Dec 19, 2014 7:09 pm    Post subject: Reply with quote

lalartu wrote:
not sure about the US criminal check, but Canadian criminal checks that Korea requests only check the last 10 years of activity


Practically any adult arrest record will show up on an FBI check, convicted or not, forever. While the Fair Credit Reporting Act prevents commercial backgrounds checks for non-convictions over 7 years old from showing, this does not apply to the FBI since it is not a commercial entity.
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CentralCali



Joined: 17 May 2007

PostPosted: Fri Dec 19, 2014 7:38 pm    Post subject: Reply with quote

Illysook wrote:
This record check is "For employment" It is a civil rights violation for the FBI to provide information to an employer if it is not related to employment. This includes your employer in Korea. Something that happened 20 years ago which has been esponged is not related to your current employment.


Expunged

An expunged record is just that: expunged. The incident in question no longer appears.

The rest of your post shows you do not understand how the process works.
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Stan Rogers



Joined: 20 Aug 2010

PostPosted: Sat Dec 20, 2014 4:05 am    Post subject: Reply with quote

Snoop Dog got a work visa in Korea.
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Coltronator



Joined: 04 Dec 2013

PostPosted: Sat Dec 20, 2014 5:19 am    Post subject: Reply with quote

Nacho rises 3 days....years after his death.
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Shimokitazawa



Joined: 14 Dec 2007
Location: Seoul

PostPosted: Sat Dec 20, 2014 10:40 am    Post subject: Reply with quote

Anyone else hear about Mark Wahlberg wanting to get his criminal record expunged? I think he applied for a pardon.

He wants to join the LA PD or LA Sheriffs Dept. as an officer. Something about "doing good for the community" and that he has long been interested in doing police work. He said he could not join in Boston due to a felony assault on some immigrant and stealing some beer.

Article here: http://www.vulture.com/2014/12/mark-wahlberg-reportedly-wants-to-join-the-lapd.html

Why would a guy worth hundreds of millions of dollars want to go and work as a police officer?
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nacho



Joined: 08 Oct 2014
Location: A gloomy pub

PostPosted: Sat Dec 20, 2014 7:40 pm    Post subject: Reply with quote

rayne wrote:
my coworker just told me that she is planning to go over and teach English soon but when she was 17/18 she was caught shoplifting at Sears or Zellers, or some sort of large department store. Her parents were called and picked her up and then they got a fine in the mail (I think it was $500?) and they paid it. Will it show up in her record? This is in Canada, by the way.



If she was booked, there will be a record, unless the police or court has approved the record to be sealed and destroyed.
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nacho



Joined: 08 Oct 2014
Location: A gloomy pub

PostPosted: Sat Dec 20, 2014 10:57 pm    Post subject: Reply with quote

CentralCali wrote:
Illysook wrote:
This record check is "For employment" It is a civil rights violation for the FBI to provide information to an employer if it is not related to employment. This includes your employer in Korea. Something that happened 20 years ago which has been esponged is not related to your current employment.


Expunged

An expunged record is just that: expunged. The incident in question no longer appears.

The rest of your post shows you do not understand how the process works.


"Expunge", despite its evoking of "sponge", does not mean "wiped clean". A criminal record is permanent and therefore remains open to public inspection. To seal and destroy a particular arrest record is a separate legal matter and process.

Like it or not, the reality is that any criminal history, whether simply an arrest or even an acquittal, will prejudice people against you. OJ Simpson is a classic example. Acquitted of all charges, but lost his jobs as a spokesman. Like a white glove, once stained it can seldom be completely cleaned.
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CentralCali



Joined: 17 May 2007

PostPosted: Sun Dec 21, 2014 12:03 am    Post subject: Reply with quote

^Please learn something.
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nacho



Joined: 08 Oct 2014
Location: A gloomy pub

PostPosted: Sun Dec 21, 2014 12:37 am    Post subject: Reply with quote

You'll need to do a bit more than a cursory wikipedia link, I'm afraid. You'll actually need to do some research yourself, which I can help you with. Please read the following.

http://www.shouselaw.com/expunge-criminal-records.html#2.4

Exerpt from the above link:

Q. Will expunging my record help me find a better job?

A. Many times, yes. If the employer doesn't run a background check, then they will probably never find out about the conviction (since you no longer have to disclose the conviction). And even if an employer does conduct a background check, the employer will see that the conviction was expunged which means you are now ready to make a "fresh start".

http://www.shouselaw.com/destroy-arrest-records.html

Exerpt:

1. Who is eligible to have an arrest record sealed and destroyed?

If you were arrested, but the prosecutor never filed criminal charges, had your case dismissed in court, or were acquitted by a jury following a California jury trial, you may be entitled to have your California arrest records sealed and destroyed.

The critical factor is whether you suffered a conviction. If you did, and if you even later had it dismissed pursuant to California's expungement process, you are not eligible for this type of relief.


Last edited by nacho on Sun Dec 21, 2014 2:29 am; edited 1 time in total
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