Korean Job Discussion Forums

raulfd4 · Joined: 04 Mar 2008

I was arrested three years ago and convicted of possession of drug paraphernalia. I have since had the charge expunged. Has anyone gotten a Criminal Background Check that has had their charge expunged? What was the result? Should I even bother to try and get a job in Korea with this on my record? Only people with EXPUNGED records or knowledge of someone in the same situation reply please.

Ut videam · Joined: 07 Dec 2007 Location: Pocheon-si, Gyeonggi-do

Legally speaking, if the charge has been expunged from your record, it's as though it never happened. Therefore, it shouldn't show up on your background check and you should be good to go.

That being said, it's a good idea to request a copy of your check well in advance to make sure there's nothing about the expunged conviction on it. If it's on there, you'll want to consult a lawyer about taking steps to correct the erroneous information.

agoodmouse · Joined: 20 Dec 2007 Location: Anyang

Yea, if it's expunged, you can legally deny you were arrested, etc.

agoodmouse · Joined: 20 Dec 2007 Location: Anyang

I don't know if FBI background checks will exclude expunged convictions. I have heard of expunged convictions coming up on certain criminal background checks with a summary stating it was dismissed pursuant to a specific law or act.

raulfd4 · Joined: 04 Mar 2008

UPDATE: Got fingerprinted by the state of New Jersey. No criminal record or arrests were found. Good luck to anyone else! See y'all in Korea!

eddie1983man · Joined: 31 May 2007

did you get a vulnerable sector search? cus that stuff can show up on one.

PGF · Joined: 27 Nov 2006

Colorado · Posted: Sun Mar 30, 2008 4:59 pm Post subject:

A friend of mine spoke with an attorney who said that his CRC would indicate that he had been charged with an offense but that the charge had since been dismissed or expunged.

Kellar · Joined: 06 Nov 2009

Does anyone know if expunged state convictions will show up on the federal CRC? I'm positive it wouldn't show up on a state CRC, but the new federal requirement is making me worry.

DHC · Joined: 15 Jan 2003

This question has been answered before but it keeps returning to the board.
In the U.S. each jurisdiction decides if it reports arrests and/or convictions to the FBI. Some do, some don't. Whatever is reported to the FBI by local or state agencies remains on the FBI CRC. The FBI is a federal agency and not under the jurisdiction of local or state courts. An arrest record may not appear on a state CRC yet appear on the FBI CRC. This is why Korean Immigration is requiring an FBI CRC. Also, state CRC's only show arrests in their state. The FBI CRC shows arrests in all 50 states and U.S. territories and possessions as well as the military. (if reported)