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socky_bomb
Joined: 11 Sep 2010
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 Posted: Thu Sep 16, 2010 11:24 pm Post subject: Arrested for theft as a minor. |
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Hi all,
I was arrested for theft when I was about 13 years old in Alabama, USA. I plead guilty to the crime. At the time of application for an E-2 Visa I will be 28 years old. Will I be denied because of this conviction when I was a minor? From my understanding my records will not be 'erased' but 'sealed,' whatever that means.
Anyone who has been through this experience or knows anything about what might disqualify you is welcome.
Thanks |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Sep 17, 2010 12:25 am Post subject: Re: Arrested for theft as a minor. |
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| socky_bomb wrote: |
Hi all,
I was arrested for theft when I was about 13 years old in Alabama, USA. I plead guilty to the crime. At the time of application for an E-2 Visa I will be 28 years old. Will I be denied because of this conviction when I was a minor? From my understanding my records will not be 'erased' but 'sealed,' whatever that means.
Anyone who has been through this experience or knows anything about what might disqualify you is welcome.
Thanks |
A juvenile record should NOT show up when you request your adult CBC.
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Illysook
Joined: 30 Jun 2008
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| Posted: Fri Sep 17, 2010 12:25 am Post subject: |
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| The records of minors are sealed once they turn 18, so I doubt that it will show up. Also, if you make your request for the purposes of employment, or specifically working with children and have it sent to your current employer, nothing should be disclosed that would not be related to employment, so it is even less likely to show up in that circumstance. Still, any lawyer will tell you to make your request and wait before making any plans or decisions based on that record. You can't realistically look for employment here until you have all of the documentation in your hands anyway. |
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interestedinhanguk
Joined: 23 Aug 2010
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| Posted: Fri Sep 17, 2010 12:30 am Post subject: Re: Arrested for theft as a minor. |
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| socky_bomb wrote: |
Hi all,
I was arrested for theft when I was about 13 years old in Alabama, USA. I plead guilty to the crime. At the time of application for an E-2 Visa I will be 28 years old. Will I be denied because of this conviction when I was a minor? From my understanding my records will not be 'erased' but 'sealed,' whatever that means.
Anyone who has been through this experience or knows anything about what might disqualify you is welcome.
Thanks |
Get your background check, then you'll see for yourself. |
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socky_bomb
Joined: 11 Sep 2010
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| Posted: Fri Sep 17, 2010 12:49 am Post subject: |
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| Illysook wrote: |
| Still, any lawyer will tell you to make your request and wait before making any plans or decisions based on that record. You can't realistically look for employment here until you have all of the documentation in your hands anyway. |
That sounds good, the only issue is I'm trying to get in an early application. A federal CBC takes about 3 months to process. So if I get it in my hands and its not clean, then I would have to attempt to get the record expunged, then reapply taking another 3+ months. If i started on that today, I wouldn't have a clean CBC in hand until March; the time that hiring will be completed for SMOE positions.
=\
Thank you all for your responses! |
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southernman
Joined: 15 Jan 2010
Location: On the mainland again
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| Posted: Fri Sep 17, 2010 2:43 am Post subject: Re: Arrested for theft as a minor. |
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| socky_bomb wrote: |
Hi all,
I was arrested for theft when I was about 13 years old in Alabama, USA. I plead guilty to the crime. At the time of application for an E-2 Visa I will be 28 years old. Will I be denied because of this conviction when I was a minor? From my understanding my records will not be 'erased' but 'sealed,' whatever that means.
Anyone who has been through this experience or knows anything about what might disqualify you is welcome.
Thanks |
Sealed means that it can't be accessed by anyone unless under extremley special circumstances and then only with a Judges written permission. You've got no problems, theft is a minor charge in the scheme of things.
You must have free legal aid in the States just make a simple phone call, ask the question and put your mind at rest |
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socky_bomb
Joined: 11 Sep 2010
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| Posted: Fri Sep 17, 2010 3:26 am Post subject: Re: Arrested for theft as a minor. |
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| southernman wrote: |
Sealed means that it can't be accessed by anyone unless under extremley special circumstances and then only with a Judges written permission. You've got no problems, theft is a minor charge in the scheme of things.
You must have free legal aid in the States just make a simple phone call, ask the question and put your mind at rest |
Thanks for the advice! I'll do that today before the weekend rolls around.
If anyone else has a different opinion that'd be good. Otherwise, I think I'm all set. |
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