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Be Good
Joined: 27 Jan 2015
Location: Earth
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 Posted: Wed Jan 28, 2015 6:34 pm Post subject: Criminal Record in Korea |
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Anyone happen to know if it is possible to get a criminal record erased after a certain period of time? In some Western countries, one can apply to have their record erased after 7 years.
The crime happened here in South Korea. It was a drug offence, weed to be exact. No time was served, just a financial penalty. So from what I understand, the accused did not have any narcotics on them but just failed a pee test.
For those who want to post "doing drugs in Korea is stupid and deserves to be caught" bit....thanks. Beat you to it.
thanks in advance. |
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TheMeerkatLover
Joined: 26 Mar 2009
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| Posted: Wed Jan 28, 2015 9:02 pm Post subject: |
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No.
Criminal events are there for life. |
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Be Good
Joined: 27 Jan 2015
Location: Earth
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| Posted: Thu Jan 29, 2015 3:50 am Post subject: |
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Meerkat,
Do you know this for a fact or is this your own 20 Won? |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Thu Jan 29, 2015 4:55 am Post subject: Re: Criminal Record in Korea |
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| Be Good wrote: |
Anyone happen to know if it is possible to get a criminal record erased after a certain period of time? In some Western countries, one can apply to have their record erased after 7 years.
The crime happened here in South Korea. It was a drug offence, weed to be exact. No time was served, just a financial penalty. So from what I understand, the accused did not have any narcotics on them but just failed a pee test.
For those who want to post "doing drugs in Korea is stupid and deserves to be caught" bit....thanks. Beat you to it.
thanks in advance. |
Does your colleague know for sure that this appears on his record? (e.g. Has he requested a criminal record check?)
It's hard say for sure what his options are since there are different categories of fines. If your friend hasn't done so already, he should order a copy of his criminal record. Depending on the type of fine he had to pay, he might be able to have it hidden on certain documents. If he gets a copy (or already has one), ask him what it says (exact words in Korean) for the sentence he received. My guess is that it won't be a minor sentence, so it won't be something he can have hidden. Korea is very strict about drugs. A traffic violation (but not DUI) would get you a minor sentence.
| TheMeerkatLover wrote: |
No.
Criminal events are there for life. |
| Be Good wrote: |
Meerkat,
Do you know this for a fact or is this your own 20 Won? |
It's fact. In Korea you can't have your criminal record expunged. |
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The Cosmic Hum
Joined: 09 May 2003
Location: Sonic Space
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| Posted: Fri Jan 30, 2015 7:45 pm Post subject: Re: Criminal Record in Korea |
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| Troglodyte wrote: |
| Be Good wrote: |
Anyone happen to know if it is possible to get a criminal record erased after a certain period of time? In some Western countries, one can apply to have their record erased after 7 years.
The crime happened here in South Korea. It was a drug offence, weed to be exact. No time was served, just a financial penalty. So from what I understand, the accused did not have any narcotics on them but just failed a pee test.
For those who want to post "doing drugs in Korea is stupid and deserves to be caught" bit....thanks. Beat you to it.
thanks in advance. |
Does your colleague know for sure that this appears on his record? (e.g. Has he requested a criminal record check?)
It's hard say for sure what his options are since there are different categories of fines. If your friend hasn't done so already, he should order a copy of his criminal record. Depending on the type of fine he had to pay, he might be able to have it hidden on certain documents. If he gets a copy (or already has one), ask him what it says (exact words in Korean) for the sentence he received. My guess is that it won't be a minor sentence, so it won't be something he can have hidden. Korea is very strict about drugs. A traffic violation (but not DUI) would get you a minor sentence.
| TheMeerkatLover wrote: |
No.
Criminal events are there for life. |
| Be Good wrote: |
Meerkat,
Do you know this for a fact or is this your own 20 Won? |
It's fact. In Korea you can't have your criminal record expunged. |
Surely, you and Meerkatt are having a laugh...yes?
Or when you say 'fact' do you mean 'fact' but only for drug smoking foreigners? |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sat Jan 31, 2015 1:31 am Post subject: Re: Criminal Record in Korea |
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| The Cosmic Hum wrote: |
| Troglodyte wrote: |
| Be Good wrote: |
Anyone happen to know if it is possible to get a criminal record erased after a certain period of time? In some Western countries, one can apply to have their record erased after 7 years.
The crime happened here in South Korea. It was a drug offence, weed to be exact. No time was served, just a financial penalty. So from what I understand, the accused did not have any narcotics on them but just failed a pee test.
For those who want to post "doing drugs in Korea is stupid and deserves to be caught" bit....thanks. Beat you to it.
thanks in advance. |
Does your colleague know for sure that this appears on his record? (e.g. Has he requested a criminal record check?)
It's hard say for sure what his options are since there are different categories of fines. If your friend hasn't done so already, he should order a copy of his criminal record. Depending on the type of fine he had to pay, he might be able to have it hidden on certain documents. If he gets a copy (or already has one), ask him what it says (exact words in Korean) for the sentence he received. My guess is that it won't be a minor sentence, so it won't be something he can have hidden. Korea is very strict about drugs. A traffic violation (but not DUI) would get you a minor sentence.
| TheMeerkatLover wrote: |
No.
Criminal events are there for life. |
| Be Good wrote: |
Meerkat,
Do you know this for a fact or is this your own 20 Won? |
It's fact. In Korea you can't have your criminal record expunged. |
Surely, you and Meerkatt are having a laugh...yes?
Or when you say 'fact' do you mean 'fact' but only for drug smoking foreigners? |
Do you have a some contradictory evidence? Ask one of your Korean acquaintances if it's possible. |
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Qonny
Joined: 28 Oct 2014
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| Posted: Sat Jan 31, 2015 2:10 am Post subject: |
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Korea doesn't have a expungement/spent conviction system. If it's on your record, it's on there forever. However, as it was explained to me by my wife's friend's husband who is some kind of legal worky type guy but not a lawyer, there are two types of conviction and crimes of a certain type are never actually put on record in the first place. There also sounded like there was a weird grey area about the consequence of the crime and restitution paid. I didn't quite understand what he meant with that.
But, there was a story I read on a blog or on here maybe, about a guy who got done for assault. He paid a few million won in bloodmoney, expected for it to be on his record, but when it came time to get a new job/criminal check, it was clean as a whistle. Seems a bit dodgy that one is able to hide violent crimes by paying money. |
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The Cosmic Hum
Joined: 09 May 2003
Location: Sonic Space
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Stain
Joined: 08 Jan 2014
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| Posted: Sat Jan 31, 2015 9:03 am Post subject: Re: Criminal Record in Korea |
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See, there's nothing to worry about. |
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PeteJB
Joined: 06 Jul 2007
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| Posted: Sat Jan 31, 2015 5:18 pm Post subject: |
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| Quote: |
| He paid a few million won in bloodmoney, expected for it to be on his record, but when it came time to get a new job/criminal check, it was clean as a whistle. Seems a bit dodgy that one is able to hide violent crimes by paying money. |
As I understand it, when the crime is of the nature like you said (a fistfight) it's possible to reach a settlement with the other party. This avoids any further criminal proceedings and is the preferred method in most countries. That isn't blood money. After such a settlement it doesn't appear on your criminal record - but the arrest might show up. This ofcourse differs from what you might know in the US and UK, where such an altercation will almost always be followed by criminal proceedings (such as a police caution which is a conviction) |
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