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maddog
Joined: 08 Dec 2005
Location: Daegu
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 Posted: Mon Oct 29, 2007 3:24 am Post subject: criminal background Q |
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I'm in the middle of applying for my visa.
On Friday night, through drunken stupidity, I got into a heated argument with a bouncer. I was arrested for 'breach of the peace'. During processing, I was told that as I had no criminal record, I would receive a letter giving me the opportunity to pay a �50 fine. If I pay the fine, my criminal record remains clear.
HOWEVER, I have subsequently been told that a criminal record and a criminal history are not the same. So, when I get a crimal background check done (not 100% sure I need it yet), it will show that I have been arrested for 'breach of the peace'.
The question is, will my visa application be rejected automatically, or are they only interested in more serious crimes and convictions.
MD |
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Scouse Mouse
Joined: 07 Jan 2007
Location: Cloud #9
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| Posted: Mon Oct 29, 2007 5:28 am Post subject: |
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I am not sure how this will work out... Best that you ask the Police and see what they say - These new fangled on the spot fines are not something most people will know about.
It used to be that you could not have a criminal record without being found guilty of something. That used to entail a trip to court. It may well be that by paying the fine you are admitting guilt and will then get a record.
Having a criminal history is different from having a criminal record. In the UK, some convictions are considered 'spent' after a period of time. You still have a criminal history, but once a conviction is spent the Police can still access the information, but it is removed from your criminal record. Criminal history is not disclosed as part of a criminal record check.
You may want to double check with the Police (call the Data Protection office (often called Information management or information services) at the main Police building in your city and speak with the officer there and they can usually answer that as a general enquiry (though they can not look into the specifics of your case without you requesting the check, as that check is passed on to Scotland Yard). If they fail to answer you, the Citizens Advice Bureau will be able to give you sound advice and are very well informed about things like this.
If it does show on your record (ie, if payment of the fine is seen as an admission of guilt) then it could appear as a conviction. Ask the police if it is seen as an admission of guilt and if it is considered a conviction. If it is a conviction, ask how long before it is spent. It may well be that the conviction is considered to be spent immediately, and so will never show up.
If it does show up, chances are you are screwed for your visa. There are ways to have it removed from your record if the Police screw up in some way (such as lie to you), but it is unlikely with the current climate in Korea that you will see an E-2 whilst that shows on your record. |
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maddog
Joined: 08 Dec 2005
Location: Daegu
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| Posted: Mon Oct 29, 2007 5:28 am Post subject: |
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| Nobody?? |
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Pyongshin Sangja
Joined: 20 Apr 2003
Location: I love baby!
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| Posted: Mon Oct 29, 2007 5:30 am Post subject: |
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| Pal, relax. Koreans don't even speak English anyway. Tell them it was a speeding ticket. |
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Scouse Mouse
Joined: 07 Jan 2007
Location: Cloud #9
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| Posted: Mon Oct 29, 2007 5:44 am Post subject: |
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It seems that the offences dealt with by an on the spot fine are not always entered onto the Police national computer. If they are entered, they are treated as a conviction (and so you have a record). If they are not entered, you will not have a record. Entering the information is at discretion of the Police.
http://news.bbc.co.uk/1/hi/uk/6421547.stm |
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maddog
Joined: 08 Dec 2005
Location: Daegu
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| Posted: Mon Oct 29, 2007 6:55 am Post subject: |
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| Scouse Mouse wrote: |
Having a criminal history is different from having a criminal record. In the UK, some convictions are considered 'spent' after a period of time. You still have a criminal history, but once a conviction is spent the Police can still access the information, but it is removed from your criminal record. Criminal history is not disclosed as part of a criminal record check.
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I can get a 'basic disclosure'. This simply lists unspent convictions. I think this is what most of us consider as a criminal record. I know that, even with recent events, I have no convictions, so this will show no criminal record.
A criminal history report will show will show Friday's events. If I get it done now, it will show a pending prosecution. If done later (after the fine has been processed), it will show an arrest, but no convictions (this is what the cops told me).
Would the basic disclosure be sufficient for immi.
Cheers
MD |
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Scouse Mouse
Joined: 07 Jan 2007
Location: Cloud #9
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| Posted: Mon Oct 29, 2007 4:30 pm Post subject: |
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Basic disclosure is all we can get. The full report is only available to people who are working in the UK in certain industries (teaching, childminding, etc) and as far as I know, it can be applied for by yourself. Only approved organisations can apply for that check, and there is no way a Korean organisation would be able to request it from the UK due to our data protection laws.
Korea will have to be happy with the basic disclosure. |
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venus
Joined: 25 Oct 2006
Location: Near Seoul
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| Posted: Mon Oct 29, 2007 7:38 pm Post subject: |
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| Scouse Mouse wrote: |
Basic disclosure is all we can get. The full report is only available to people who are working in the UK in certain industries (teaching, childminding, etc) and as far as I know, it can be applied for by yourself. Only approved organisations can apply for that check, and there is no way a Korean organisation would be able to request it from the UK due to our data protection laws.
Korea will have to be happy with the basic disclosure. |
ScouseMouse, you seem pretty clued up on the whole issue. So could I pick your brains please for a second?
1. I was convicted for a fraud related incident in 1994. I spent 6 months in a young offenders institute. I was 17 at the time. Will this show up on the check I need to have done for my E2 in Korea. I started my job two months before but they are still asking for the criminal record/history check. I know that in the UK, this conviction is considered spent.
2. If basic disclosure is all I can get, could you give detailed (if you have time) info on how to go about getting this done please...? Bear in mind I'm in Korea, but can get my parents to mail me forms from UK and send them back etc....
I'd really APPRECIATE IT. My school aren't jumping on my case about it as I said it might take quite some time. I guess if my 1994 conviction will appear on the basic disclosure, I have a couple of options....
a. Keep delaying until contract almost over and they'll give up asking.
b. Confront them with the truth, explaining I was only 17, am 31 now, have since kept out of trouble, been to college, then uni, was a senior student, have worked in hospitals and done voluntary work as well as working as a civil servant in the UK and hope, seeing as they like me and I'm a decent teacher, they'll let it slide...? |
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Gwangjuboy
Joined: 08 Jul 2003
Location: England
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| Posted: Mon Oct 29, 2007 8:19 pm Post subject: |
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| venus wrote: |
| Scouse Mouse wrote: |
Basic disclosure is all we can get. The full report is only available to people who are working in the UK in certain industries (teaching, childminding, etc) and as far as I know, it can be applied for by yourself. Only approved organisations can apply for that check, and there is no way a Korean organisation would be able to request it from the UK due to our data protection laws.
Korea will have to be happy with the basic disclosure. |
ScouseMouse, you seem pretty clued up on the whole issue. So could I pick your brains please for a second?
1. I was convicted for a fraud related incident in 1994. I spent 6 months in a young offenders institute. I was 17 at the time. Will this show up on the check I need to have done for my E2 in Korea. I started my job two months before but they are still asking for the criminal record/history check. I know that in the UK, this conviction is considered spent.
2. If basic disclosure is all I can get, could you give detailed (if you have time) info on how to go about getting this done please...? Bear in mind I'm in Korea, but can get my parents to mail me forms from UK and send them back etc....
I'd really APPRECIATE IT. My school aren't jumping on my case about it as I said it might take quite some time. I guess if my 1994 conviction will appear on the basic disclosure, I have a couple of options....
a. Keep delaying until contract almost over and they'll give up asking.
b. Confront them with the truth, explaining I was only 17, am 31 now, have since kept out of trouble, been to college, then uni, was a senior student, have worked in hospitals and done voluntary work as well as working as a civil servant in the UK and hope, seeing as they like me and I'm a decent teacher, they'll let it slide...? |
Your conviction will be considered spent and it shouldn't show up on a basic disclosure. Only unspent convictions will show up on a basic disclosure. |
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BS.Dos.
Joined: 29 Mar 2007
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| Posted: Mon Oct 29, 2007 8:57 pm Post subject: |
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| venus wrote: |
| Scouse Mouse wrote: |
Basic disclosure is all we can get. The full report is only available to people who are working in the UK in certain industries (teaching, childminding, etc) and as far as I know, it can be applied for by yourself. Only approved organisations can apply for that check, and there is no way a Korean organisation would be able to request it from the UK due to our data protection laws.
Korea will have to be happy with the basic disclosure. |
ScouseMouse, you seem pretty clued up on the whole issue. So could I pick your brains please for a second?
1. I was convicted for a fraud related incident in 1994. I spent 6 months in a young offenders institute. I was 17 at the time. Will this show up on the check I need to have done for my E2 in Korea. I started my job two months before but they are still asking for the criminal record/history check. I know that in the UK, this conviction is considered spent.
2. If basic disclosure is all I can get, could you give detailed (if you have time) info on how to go about getting this done please...? Bear in mind I'm in Korea, but can get my parents to mail me forms from UK and send them back etc....
I'd really APPRECIATE IT. My school aren't jumping on my case about it as I said it might take quite some time. I guess if my 1994 conviction will appear on the basic disclosure, I have a couple of options....
a. Keep delaying until contract almost over and they'll give up asking.
b. Confront them with the truth, explaining I was only 17, am 31 now, have since kept out of trouble, been to college, then uni, was a senior student, have worked in hospitals and done voluntary work as well as working as a civil servant in the UK and hope, seeing as they like me and I'm a decent teacher, they'll let it slide...? |
Here's the link to the site for a basic disclosure application
Don't worry about the Scotland prefix, they handle all UK basic applications. You can apply for one online. It will probably take about 21-days to get back to you, at least, mine did.
As for your previous, there is a system of grading offences, obviously the more serious the offence, the longer it will remain 'unspent'. As for yours, 13 years for a minor fraud conviction should, I would imagine, be considered 'spent' by now.
If you have a scratch around on the site I think that there is a page that lists each offence and the time that it takes for it to become unspent.
You'll probably be ok as most minbor stuff is only listed for about 7-years or so. |
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venus
Joined: 25 Oct 2006
Location: Near Seoul
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| Posted: Mon Oct 29, 2007 9:16 pm Post subject: |
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| BS.Dos. wrote: |
| venus wrote: |
| Scouse Mouse wrote: |
Basic disclosure is all we can get. The full report is only available to people who are working in the UK in certain industries (teaching, childminding, etc) and as far as I know, it can be applied for by yourself. Only approved organisations can apply for that check, and there is no way a Korean organisation would be able to request it from the UK due to our data protection laws.
Korea will have to be happy with the basic disclosure. |
ScouseMouse, you seem pretty clued up on the whole issue. So could I pick your brains please for a second?
1. I was convicted for a fraud related incident in 1994. I spent 6 months in a young offenders institute. I was 17 at the time. Will this show up on the check I need to have done for my E2 in Korea. I started my job two months before but they are still asking for the criminal record/history check. I know that in the UK, this conviction is considered spent.
2. If basic disclosure is all I can get, could you give detailed (if you have time) info on how to go about getting this done please...? Bear in mind I'm in Korea, but can get my parents to mail me forms from UK and send them back etc....
I'd really APPRECIATE IT. My school aren't jumping on my case about it as I said it might take quite some time. I guess if my 1994 conviction will appear on the basic disclosure, I have a couple of options....
a. Keep delaying until contract almost over and they'll give up asking.
b. Confront them with the truth, explaining I was only 17, am 31 now, have since kept out of trouble, been to college, then uni, was a senior student, have worked in hospitals and done voluntary work as well as working as a civil servant in the UK and hope, seeing as they like me and I'm a decent teacher, they'll let it slide...? |
Here's the link to the site for a basic disclosure application
Don't worry about the Scotland prefix, they handle all UK basic applications. You can apply for one online. It will probably take about 21-days to get back to you, at least, mine did.
As for your previous, there is a system of grading offences, obviously the more serious the offence, the longer it will remain 'unspent'. As for yours, 13 years for a minor fraud conviction should, I would imagine, be considered 'spent' by now.
If you have a scratch around on the site I think that there is a page that lists each offence and the time that it takes for it to become unspent.
You'll probably be ok as most minbor stuff is only listed for about 7-years or so. |
BSdos, you're a star for posting the link for that site, cheers mate.
20 pounds to get it out of the way, not too bad I guess....
Nice one.  |
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