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New Criminal Background Check Rules

 
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dharmasister



Joined: 23 Aug 2010
Location: New Orleans, Louisiana

PostPosted: Wed Aug 25, 2010 5:47 pm    Post subject: New Criminal Background Check Rules Reply with quote

I don't know if there is any current info on this. I was checking out the E-2 Guidelines sticky but the all the posts I read are years old. I apologize in advance if I've posted in the wrong place.

Here's my question(s):

I am getting mixed information on the whole old criminal background check rules vs. the new requirements. I have read much online and been told by one recruiter that if I make it to Korea before the end of the year I will only need a state level background check. A new recruiter whom I spoke with today told me even if I would get to Korea before the end of the year, it wouldn't matter, that come January 1, 2011 I would have to get an FBI level background check at that time in order to stay.

Interestingly, the guy who says that I only need the state level can place me right away. The guy who told me I have to have the 50 state FBI check won't be able to place me until March 1, 2011.

A second, related question: If I do need to go with the FBI check would an unpaid speeding ticket show up? I was visiting relatives in Oregon a while back and got a ticket (unfairly by the way - I wasn't actually speeding). When I got back to Louisiana I kind of blew it off. Could that be an impediment to my passing the background check?
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Colorado



Joined: 18 Jan 2006
Location: Public School with too much time on my hands.

PostPosted: Wed Aug 25, 2010 6:46 pm    Post subject: Reply with quote

Unless you were arrested and fingerprinted, your speeding ticket won't show up on an FBI check.
If you start work before Jan. 1, you only need a state background check until you renew your contract or try to change schools.
If you start after Jan. 1, you will need an FBI check.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Aug 25, 2010 6:47 pm    Post subject: Re: New Criminal Background Check Rules Reply with quote

dharmasister wrote:
I don't know if there is any current info on this. I was checking out the E-2 Guidelines sticky but the all the posts I read are years old. I apologize in advance if I've posted in the wrong place.

Here's my question(s):

I am getting mixed information on the whole old criminal background check rules vs. the new requirements. I have read much online and been told by one recruiter that if I make it to Korea before the end of the year I will only need a state level background check. A new recruiter whom I spoke with today told me even if I would get to Korea before the end of the year, it wouldn't matter, that come January 1, 2011 I would have to get an FBI level background check at that time in order to stay.

Interestingly, the guy who says that I only need the state level can place me right away. The guy who told me I have to have the 50 state FBI check won't be able to place me until March 1, 2011.

A second, related question: If I do need to go with the FBI check would an unpaid speeding ticket show up? I was visiting relatives in Oregon a while back and got a ticket (unfairly by the way - I wasn't actually speeding). When I got back to Louisiana I kind of blew it off. Could that be an impediment to my passing the background check?


1) Can you get away with a state check now = yes.

2) will you need an FBI check next year = yes IF you plan to renew, extend or change jobs.

3) if you get one (FBI check) now it will make things easier for you next year.

4) Your traffic violations do NOT show up on a criminal background check (unless it was a criminal act like dangerous driving or DUI).

.
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greasylake



Joined: 28 Jul 2010

PostPosted: Wed Aug 25, 2010 7:11 pm    Post subject: Reply with quote

My contract is up at the end of September and I plan to renew with the same school. Will I need to submit an FBI crc for this? I checked the immi web-site, it looks like I will not have to, but it wasn't extremely clear. Can anyone clarify this?
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murmanjake



Joined: 21 Oct 2008

PostPosted: Wed Aug 25, 2010 7:32 pm    Post subject: Re: New Criminal Background Check Rules Reply with quote

ttompatz wrote:
dharmasister wrote:
I don't know if there is any current info on this. I was checking out the E-2 Guidelines sticky but the all the posts I read are years old. I apologize in advance if I've posted in the wrong place.

Here's my question(s):

I am getting mixed information on the whole old criminal background check rules vs. the new requirements. I have read much online and been told by one recruiter that if I make it to Korea before the end of the year I will only need a state level background check. A new recruiter whom I spoke with today told me even if I would get to Korea before the end of the year, it wouldn't matter, that come January 1, 2011 I would have to get an FBI level background check at that time in order to stay.

Interestingly, the guy who says that I only need the state level can place me right away. The guy who told me I have to have the 50 state FBI check won't be able to place me until March 1, 2011.

A second, related question: If I do need to go with the FBI check would an unpaid speeding ticket show up? I was visiting relatives in Oregon a while back and got a ticket (unfairly by the way - I wasn't actually speeding). When I got back to Louisiana I kind of blew it off. Could that be an impediment to my passing the background check?


1) Can you get away with a state check now = yes.

2) will you need an FBI check next year = yes IF you plan to renew, extend or change jobs.

3) if you get one (FBI check) now it will make things easier for you next year.

4) Your traffic violations do NOT show up on a criminal background check (unless it was a criminal act like dangerous driving or DUI).

.


So an FBI check could be submitted at any time(including the original application) therefore fulfill the requirement for all future modifications to your visa?

This hassle with renewing/extending/switching schools is only a one-time thing, as long as you stay on the same visa?
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omgitsmax



Joined: 20 Jul 2010

PostPosted: Wed Aug 25, 2010 7:43 pm    Post subject: Reply with quote

If i am applying to EPIK, will i be able to use a state background check to secure a contract and then submit an FBI background check in a few months when i get my visa? Or is EPIK requiring that you have an FBI background check before you can get a contract?
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Milwaukiedave



Joined: 02 Oct 2004
Location: Goseong

PostPosted: Wed Aug 25, 2010 8:21 pm    Post subject: Reply with quote

Oregon State traffic citations won't show up unless it's a serious one. A simple speeding ticket is nothing to worry about.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Aug 25, 2010 8:33 pm    Post subject: Re: New Criminal Background Check Rules Reply with quote

murmanjake wrote:

So an FBI check could be submitted at any time(including the original application) therefore fulfill the requirement for all future modifications to your visa?

This hassle with renewing/extending/switching schools is only a one-time thing, as long as you stay on the same visa?


According to immigration, once you have submitted your FBI check you will NOT have to do it again until you apply for a new visa. As long as you stay on the same visa (transfers / renewals) you will not need to submit a new one.

The same is true for those who submitted a copy with apostille or K-embassy cert. If you used your original with transcripts you will need to get it certified by the KCUE for your renewal or visa change.

.
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seoulsucker



Joined: 05 Mar 2006
Location: The Land of the Hesitant Cutoff

PostPosted: Wed Aug 25, 2010 9:07 pm    Post subject: Reply with quote

What about bench warrants? Say if you were summoned to traffic court, failed to appear, etc. That show up on an FBI check? From what I've read unless there is a specific request for a wants and warrants search the only thing that shows up is arrests and convictions.
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dharmasister



Joined: 23 Aug 2010
Location: New Orleans, Louisiana

PostPosted: Thu Aug 26, 2010 5:54 am    Post subject: Reply with quote

Thank you everyone for all the great info. I'm just going to go ahead and get the FBI check and be done with it. I have NEVER been arrested, finger printed and "booked" as they say, just got that ticket for doing 65 in a 55 speed zone. Looks like it is no big deal. Other than my divorce, I have never had to go to trial for anything. I guess the only problem with the FBI check at this point is how darned long it takes!
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Wishmaster



Joined: 06 Feb 2003

PostPosted: Thu Aug 26, 2010 5:17 pm    Post subject: Reply with quote

Better to just get it over with and get the FBI check since it's got to be done anyway.
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elfie126



Joined: 18 Jul 2010

PostPosted: Fri Aug 27, 2010 7:56 pm    Post subject: Reply with quote

I was told from my recruiter (ASK) that I can apply with just a local/state bg check for now and apply with that, but I will eventually need a federal check after Jan. 1, 2011.

It took only a week for my local check to come in by doing livescan.
A federal check can take up to a month. Sad

(I'm applying for March 2011 semester)
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imakemyselflaugh



Joined: 13 Dec 2009

PostPosted: Mon Aug 30, 2010 4:43 am    Post subject: Reply with quote

Is the Federal background check change true for everyone? (I'm Canadian) I was at immigration today for a visa transfer and was told I'd need to have a nation-wide check by December 31st. I was hoping she was confused....
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ChilgokBlackHole



Joined: 21 Nov 2009

PostPosted: Mon Aug 30, 2010 4:59 am    Post subject: Re: New Criminal Background Check Rules Reply with quote

ttompatz wrote:
4) Your traffic violations do NOT show up on a criminal background check (unless it was a criminal act like dangerous driving or DUI).

Remember, kids, the only way to know 100% what is on your criminal record is to get a copy and look at it.
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