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warrants and criminal records
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loerzel



Joined: 22 Apr 2006

PostPosted: Wed Dec 12, 2007 10:20 pm    Post subject: warrants and criminal records Reply with quote

I'm planning on moving back Rolling Eyes to Korea in March to teach.

Eight years ago I received a speeding ticket while passing through Oregon.

I never paid it. I have a warrant in Oregon.

I'm going to try and resolve this matter but...

All criticisms and/or judgments of my decision making skills aside, if a warrant for a speeding ticket were to show up on my record will it keep me from getting a visa?

Hoping someone on here might have an answer before I start asking the courts/police/immigration.
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Hank the Iconoclast



Joined: 08 Oct 2007
Location: Busan

PostPosted: Wed Dec 12, 2007 10:25 pm    Post subject: Reply with quote

Since you have a warrant, that would make the matter a bit more serious. Best of luck.
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n3ptne



Joined: 14 Sep 2005
Location: Poh*A*ng City

PostPosted: Wed Dec 12, 2007 10:37 pm    Post subject: Reply with quote

They have new restrictions... but when I came here 2 years ago, I had a warrant (still do) for an unpaid ticket. Never came up.
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PGF



Joined: 27 Nov 2006

PostPosted: Wed Dec 12, 2007 11:01 pm    Post subject: Reply with quote

If you were just passing through Oregon and do not live there, I do not think the speeding ticket or the warrant will show up on a local police check from your state.
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muss8813



Joined: 24 Oct 2007

PostPosted: Wed Dec 12, 2007 11:33 pm    Post subject: Reply with quote

I believe that because a speeding violation is not a criminal offense it will not show up on a FBI check. It would probably only appear on an Oregon state check. But, it's probably in your best interest to simply contact the folks in Oregon and pay up. Peace!
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PGF



Joined: 27 Nov 2006

PostPosted: Thu Dec 13, 2007 12:13 am    Post subject: Reply with quote

muss8813 wrote:
I believe that because a speeding violation is not a criminal offense it will not show up on a FBI check. It would probably only appear on an Oregon state check. But, it's probably in your best interest to simply contact the folks in Oregon and pay up. Peace!


So is it definitely the FBI check?
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hagwonnewbie



Joined: 09 Feb 2007
Location: Asia

PostPosted: Thu Dec 13, 2007 5:23 am    Post subject: Reply with quote

Having a warrant is not a conviction. Only convictions appear on criminal records. You could have been arrested 100 times for a terrible crime but only convictions are part of a crimal record. Arrest records are what cops look a when they pull you over and decide how to approach your vehicle. That is my understanding.
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loerzel



Joined: 22 Apr 2006

PostPosted: Thu Dec 13, 2007 12:08 pm    Post subject: Reply with quote

I know a speeding ticket is not a criminal violation, but I believe failure to pay is.

My local cop shop said an outstanding warrant would show up on a background check.

I talked to the California Department of Justice today and it sounds like I will only need a state clearance for immigration because I haven't lived outside of California. If this is the case I should be fine.

The DOJ has a special form when requesting a background check for immigration purposes. The processing fee is $32 and it takes 1-8 weeks.

I read through the sticky on E2 regulations and the final post that has the official statement doesn't explicitly say the criminal check must be federal (unless I missed something).

Does anyone know FOR SURE what the deal is?
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ironmaninkorea



Joined: 22 Nov 2007
Location: SEOUL

PostPosted: Thu Dec 13, 2007 8:34 pm    Post subject: Reply with quote

having an outstanding warrant can land you in jail. i'd consult a lawyer before walk into a police station.
new york
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PeterDragon



Joined: 15 Feb 2007

PostPosted: Thu Dec 13, 2007 8:43 pm    Post subject: Reply with quote

Bench warrants for parking tickets are not serious crimes, or crimes at all. The warrant can be nullified if you call the county in question and pay the fine for the ticket. In fact, if you get pulled over for a fee-related bench warrant, most states allow you to pay on cash right there on the spot, get a receipt from the officer, and avoid arrest.

When I came to Korea I had a bench warrant for a ticket AND a "mandatory" pending court date for a traffic violation in Wisconsin. I took care of both by phone after I arrived here. Most states make similar allowances--- consult with a lawyer if you can, also try calling the Oregon Department of Transportation directly if possible.

The warrant itself is a non-issue. I've got a warrant in South Dakota from four years ago that I've never taken care of. If I ever drive through there again, I'll just carry $150 in cash in my wallet in case I get pulled over; fuggit.


Last edited by PeterDragon on Thu Dec 13, 2007 8:44 pm; edited 1 time in total
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loerzel



Joined: 22 Apr 2006

PostPosted: Thu Dec 13, 2007 8:44 pm    Post subject: Reply with quote

If I were in Oregon that may be true, but in any other state I wouldn't come up on a background check. The only way I would go to jail would be if I were extradited to Oregon, which would be unheard of for an unpaid ticket.
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loerzel



Joined: 22 Apr 2006

PostPosted: Thu Dec 13, 2007 8:53 pm    Post subject: Reply with quote

Thanks for the information peterdragon. I'm going to contact the issuing court in Oregon. I'm not concerned about getting in trouble, I just wasn't sure what would happen in terms of my E2 visa if my federal record had a warrant.

From the small amount of research I've done it looks like a state background check will suffice, in which case I'll be in the clear regardless.

The principal at one of the schools I'm applying at is trying to tell me "oh just come on over, we'll worry about the record check once you get here"...


Last edited by loerzel on Sun Feb 24, 2008 2:14 pm; edited 1 time in total
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PeterDragon



Joined: 15 Feb 2007

PostPosted: Thu Dec 13, 2007 9:14 pm    Post subject: Reply with quote

loerzel wrote:

The principal at one of the schools I'm applying at is trying to tell me "oh just come on over, we'll worry about the record check once you get here"...


"Our children are in good hands!"

Addendum: Under current federal law, states can't request extradition for traffic violations. You are very VERY in the clear.
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loerzel



Joined: 22 Apr 2006

PostPosted: Thu Jan 10, 2008 3:54 pm    Post subject: Reply with quote

Just received my record from the Department of Justice and it was squeaky clean Very Happy.
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Suwoner10



Joined: 10 Dec 2007

PostPosted: Thu Jan 10, 2008 4:00 pm    Post subject: Reply with quote

A prospective teacher our school was going to hire just got denied his visa...over a $66.38 judgement from an unpaid utility bill. He didn't even know he had the judgement against him, but told our school it's on his record, bossman said it wouldn't be a problem, as it's not drug or sex related. Boss was more pissed I think than the teacher when it got denied.
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