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TK421
Joined: 05 Aug 2009
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 Posted: Tue Aug 18, 2009 1:04 am Post subject: I've been arrested as a kid, is this a problem for visa? |
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This is going to sound really stupid, but I just remembered that I have been arrested.
Now, I know you need a criminal background check from your state to get your E-2 Visa. I am pretty sure this would not even be on my record. Let me give you a quick background:
I was arrested when I was 15. My friends and I were driving a bulldozer in a construction site because the keys were left in. A cop came tearing into the site, took out his gun, ordered us to the ground and arrested us. One of my friends ran into the woods and they called in two helicopters, set up two road blocks and brought in a K-9 unit. He was eventually ran into a road block a few miles away and walked up to an officer telling them that he was the guy they were looking for. Apparently they got a call saying that people were stealing a bulldozer. It was a pretty huge operation.
After we were questioned at the station and they got the story from all four of us, that we drove it around and then parked it, we were free to go after about four hours. We were told it would be up to the construction company to press charges. They did not press charges, therefore I have no felony or misdemeanor on my record. Even if the construction company did press charges, I would not be charged with anything because I arrived at the construction site after they were done driving the bulldozer and they had parked it, so I did not participate in the driving or any illegality. I was simply meeting up with them on my bike to hang out.
The police were embarrassed about the huge fiasco when they found out the true story and that we were kids. It was pretty crazy.
What I'm wondering is if the arrest will be on my record, despite the fact that it happened when I was 15. If so, will this affect my visa? Because, technically, I have no criminal record per se. I wasn't even finger printed and I still have no finger prints on file.
I'm in my 20s now and have matured a ton since I was 15, so please don't judge me for this asinine story haha feel free to laugh at it though. It's pretty ridiculous. My friend could have been charged with grand theft auto they told him.
So should I worry about it? |
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Daegudavid
Joined: 08 Jun 2009
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| Posted: Tue Aug 18, 2009 1:08 am Post subject: |
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Don't give details on Dave's ESL - people here will just laugh at you.
In the UK, your record is wiped at 16 or 18, I can't recall which. Also, anything minor from so long ago is under the radar of a Korean visa search.
You should be fine. |
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TK421
Joined: 05 Aug 2009
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| Posted: Tue Aug 18, 2009 1:14 am Post subject: |
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Im in the USA so hopefully the rules are similar, I'll have to look into it.
And I only gave people details because I felt like the story is interesting in a ridiculous way and I don't mind telling the story of four stupid kids. I don't mind being laughed at for this one, especially since none of it was my fault. |
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Cheonmunka
Joined: 04 Jun 2004
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| Posted: Tue Aug 18, 2009 3:09 am Post subject: |
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| Man, that's really dumb of the cops. Cripes, kids are kids. |
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ccikulin
Joined: 23 Mar 2008
Location: Sunae-dong, Bundang
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| Posted: Tue Aug 18, 2009 5:19 am Post subject: |
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| You don't have to worry. I know for a fact that your record is wiped when you turn 18 in the US. Only really serious crimes like arson, murder, etc would show up. I know for a fact because I got arrested after a few friends and myself found our way into an elementary school on a Saturday night and ended up having a giant milk carton fight that made a huge mess all over the school. Long story short, one of the other guys thought it was so cool that he had to go and tell everyone else about it and we ended up getting caught. Had to go to court and work community service for 8 months and everything. But as of now I have a completely clean criminal record. So don't worry. |
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Carla
Joined: 21 Nov 2008
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| Posted: Tue Aug 18, 2009 5:31 am Post subject: |
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| TK421 wrote: |
Im in the USA so hopefully the rules are similar, I'll have to look into it.
And I only gave people details because I felt like the story is interesting in a ridiculous way and I don't mind telling the story of four stupid kids. I don't mind being laughed at for this one, especially since none of it was my fault. |
Some states expunge, but I think you have to petition for it.
But, you didn't get charged, right? If you didn't, I don't think it's going to be on there. |
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DWAEJIMORIGUKBAP
Joined: 28 May 2009
Location: Electron cloud
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| Posted: Tue Aug 18, 2009 5:48 pm Post subject: |
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| Daegudavid wrote: |
Don't give details on Dave's ESL - people here will just laugh at you.
In the UK, your record is wiped at 16 or 18, I can't recall which. Also, anything minor from so long ago is under the radar of a Korean visa search.
You should be fine. |
No.
But any convictions / warnigns / cautions etcv are wqiped after 5 years.
Not sure about US Tho |
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kinerry
Joined: 01 Jun 2009
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| Posted: Tue Aug 18, 2009 7:28 pm Post subject: |
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| ccikulin wrote: |
| You don't have to worry. I know for a fact that your record is wiped when you turn 18 in the US. Only really serious crimes like arson, murder, etc would show up. I know for a fact because I got arrested after a few friends and myself found our way into an elementary school on a Saturday night and ended up having a giant milk carton fight that made a huge mess all over the school. Long story short, one of the other guys thought it was so cool that he had to go and tell everyone else about it and we ended up getting caught. Had to go to court and work community service for 8 months and everything. But as of now I have a completely clean criminal record. So don't worry. |
You got your facts, wrong, nothing is ever "wiped". All of your criminal and civil history is there permanently unless someone in high places gives an executive level order. Even when they agree to wipe it, background checks from places like DCI and the FBI and even local law enforcement can show them. It's never truly wiped, as a record of the wiping and someone with high enough security clearance can always access it.
That being said, if it doesn't show up on your CRC, you have no problems and should never bring it up. |
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poeticjustice
Joined: 28 Feb 2009
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| Posted: Tue Aug 18, 2009 7:34 pm Post subject: |
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Nice story!
Anyway, I was arrested at a protest once when I was 20 where some people held down a cop and bit off three of his fingers. Since I was more of a bystander than a participator, they let me go the next morning but did take my information.
It didn't show up on anything when I had my police check done, so you should be fine! |
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ccikulin
Joined: 23 Mar 2008
Location: Sunae-dong, Bundang
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| Posted: Tue Aug 18, 2009 7:43 pm Post subject: |
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Sorry, I'm not trying to start an argument, but you got me wrong too. I was talking about what would appear on a CRC. And what you do as a juvenile does not appear on your CRC (except of course some major offenses). Bottom line, minor offenses committed as a juvenile will not show up, so while the information may still be present on a record somewhere, for all practical purposes, it doesn't exist.
And yes, you're right, of course your record is always there, they would never just completely delete information like that. That would be unwise.
On an interesting side note, a friend of mine accidentally started an abandoned house on fire when he was just 6 years old playing with matches. Apparently that will always show up on his CRC. |
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DCJames
Joined: 27 Jul 2006
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| Posted: Tue Aug 18, 2009 8:12 pm Post subject: |
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| Quote: |
| I've been arrested as a kid, is this a problem for visa? |
As soon as you get out of the airplane, the Korean cops are going to grab you and lock you up in a Korean jail.
Be smart and stay away from Korea. |
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kinerry
Joined: 01 Jun 2009
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| Posted: Wed Aug 19, 2009 7:05 pm Post subject: |
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| ccikulin wrote: |
Sorry, I'm not trying to start an argument, but you got me wrong too. I was talking about what would appear on a CRC. And what you do as a juvenile does not appear on your CRC (except of course some major offenses). Bottom line, minor offenses committed as a juvenile will not show up, so while the information may still be present on a record somewhere, for all practical purposes, it doesn't exist.
And yes, you're right, of course your record is always there, they would never just completely delete information like that. That would be unwise.
On an interesting side note, a friend of mine accidentally started an abandoned house on fire when he was just 6 years old playing with matches. Apparently that will always show up on his CRC. |
I actually had major offenses not show up on either the state or fbi level, they are really all a joke until you get to the DCI, peace officer and govt. clearance checks. Those bad boys show all your "wiped" records as well as interpol and other things. |
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winterfall
Joined: 21 May 2009
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| Posted: Wed Aug 19, 2009 11:24 pm Post subject: Re: I've been arrested as a kid, is this a problem for visa? |
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| TK421 wrote: |
This is going to sound really stupid, but I just remembered that I have been arrested.
Now, I know you need a criminal background check from your state to get your E-2 Visa. I am pretty sure this would not even be on my record. Let me give you a quick background:
I was arrested when I was 15. My friends and I were driving a bulldozer in a construction site because the keys were left in. A cop came tearing into the site, took out his gun, ordered us to the ground and arrested us. One of my friends ran into the woods and they called in two helicopters, set up two road blocks and brought in a K-9 unit. He was eventually ran into a road block a few miles away and walked up to an officer telling them that he was the guy they were looking for. Apparently they got a call saying that people were stealing a bulldozer. It was a pretty huge operation.
After we were questioned at the station and they got the story from all four of us, that we drove it around and then parked it, we were free to go after about four hours. We were told it would be up to the construction company to press charges. They did not press charges, therefore I have no felony or misdemeanor on my record. Even if the construction company did press charges, I would not be charged with anything because I arrived at the construction site after they were done driving the bulldozer and they had parked it, so I did not participate in the driving or any illegality. I was simply meeting up with them on my bike to hang out.
The police were embarrassed about the huge fiasco when they found out the true story and that we were kids. It was pretty crazy.
What I'm wondering is if the arrest will be on my record, despite the fact that it happened when I was 15. If so, will this affect my visa? Because, technically, I have no criminal record per se. I wasn't even finger printed and I still have no finger prints on file.
I'm in my 20s now and have matured a ton since I was 15, so please don't judge me for this asinine story haha feel free to laugh at it though. It's pretty ridiculous. My friend could have been charged with grand theft auto they told him.
So should I worry about it? |
You have to call your D.A.'s office. And find out if your juevenille record is sealed. Or sealed and expunged.
For the first one, most juevenille records are sealed unless you murdered someone. For the later one, if they were relatively minor crimes than your record was sealed and expunged.
Meaning no one can access it and your working on a clean slate.
I was a bit crazy when I was younger. As I got older, I just seriously mellowed out. In anycase, that record didn't stop me from passing invasive, government background checks. It all came out clean. |
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minorthreat
Joined: 05 Aug 2006
Location: in your base, killing your mans
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| Posted: Thu Aug 20, 2009 4:24 am Post subject: |
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| Daegudavid wrote: |
Don't give details on Dave's ESL - people here will just laugh at you.
In the UK, your record is wiped at 16 or 18, I can't recall which. Also, anything minor from so long ago is under the radar of a Korean visa search.
You should be fine. |
I believe it's 16 - I have a friend who got done for possession when he was 17, and it still shows up despite the fact that he's 32.
Of course, he's a Scouser, so they probably just automatically assume he's a criminal anyway. |
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Illysook
Joined: 30 Jun 2008
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| Posted: Thu Aug 20, 2009 4:36 am Post subject: |
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| I was stopped for something a little bit worse than that in 2005, and as in your case, no charges were filed. (I didn't do anything bad, I was just in the wrong place at the wrong time.) My record check, a local one from the very same county sherrif's office, came back completely clean, so even if by some sort of accident, your juvenile record wasn't sealed, you should be fine. |
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