Korean Job Discussion Forums

[nacho]

http://www.riverside.courts.ca.gov/selfhelp/howtoexpunge.pdf

NOTE - Granting of an Expungement does not remove the case entirely from your record. The arrest and charges will still exist...

[nacho]

http://www.indeed.com/forum/cmp/Wells-Fargo/Background-Check/t301414

Read the bits about FBI reports and expunged records. The FBI is not a commercial entity and therefore is not subject to the Fair Credit Reporting Act. That means an expunged/dismissed conviction for even the most minor "young and foolish" misdemeanor from 30 years ago will still show the entire case record (i.e., arrest, charges, and disposition). This blanket approach by Korea has therefore condemned such Americans never to (legally) work there again. Fair? Of course not. But such is life. One option is to reopen the case and convince the court you are factually innocent, whereupon the judge orders everything sealed, and eventually destroyed. Since the police will no longer have the record, the FBI won't either. It'd be a lot of time and money, with no guarantee of success. Another option would be just to move on and tell Korea to shove it.

[ttompatz]

[nacho]

http://boards.answers.findlaw.com/index.php/topic/228524-if-you-get-a-non-conviction-expunged-or-sealed-what-shows-up-on-a-fbi-bg-check/

Exerpt: "FBI criminal history reports do not hide information that has been sealed or expunged in a state proceeding. Note that private persons or companies cannot get your FBI criminal history report. You may get a copy of it under the Privacy Act of 1974. Federal government agencies and certain state agencies may obtain copies of it as well. A foreign government might also be able to get a FBI report pursuant to a treaty with the U.S."


So the question thus raised is whether Korea has a treaty with the U.S. allowing it access to FBI reports. I'd say it's irrelevant here for the simple fact that Korea gets around the matter by having each applicant request the info himself, and then "requires" the applicant to provide it for the job. You could of course say "No, you have no right to request this information" I suppose. But then they would just give the job to the next guy/gal in line who happily obliges them.

Alternatively, you could try to have the Privacy Act of 1974 amended so that you are no longer able to request your own FBI report.