Korean Job Discussion Forums

[Darkray16]

I just noticed that in California it is illegal to give your criminal background check to anyone not authorized by the state of California:

(first topic)
http://ag.ca.gov/fingerprints/security_faq.php

EPIK is asking for people to send in their state background checks while waiting for federal background checks, which is a misdemeanor crime in California. What are other CA residents doing?

[thegadfly]

California Penal Code Section 11142 states:

"Any person authorized by law to receive a record or
information obtained from a record who knowingly furnishes the record
or information to a person who is not authorized by law to receive
the record or information is guilty of a misdemeanor."

The bold is mine -- it does not state that the agency needs to get Califonia's authorization, simply that the agency needs to have authorization by law....

California Penal Code Section 11144 states further:

(c) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.

I would guess since the Korean government requires the criminal background checks (hence, the Korean courts and statutes authorize it), that it is NOT illegal to furnish the information....

[thegadfly]

Whoops -- double post.

[weekapaughead]

very interesting. Now you have to commit misdemeanors to even get a job in Korea.

[Darkray16]

I'm pretty sure it means American law.

[thegadfly]

Pretty sure it isn't just American laws...and I showed you some relevant sections of the code...show me it IS just American laws, or just Californian laws....

[Darkray16]

Nevermind. Someone on Reddit pointed out to me that a criminal records and a criminal background check are not the same thing, but providing the records would be illegal to a foreign government.

[digby]

Yeah I think records implies your actual file from X branch of government. If you have a file.

[Epik_Teacher]

[nathanrutledge]

Gadfly, you missed section 11140 -

(b) "A person authorized by law to receive a record" means any
person or public agency authorized by a court, statute, or decisional
law to receive a record.

Because the Republic of Korea is a sovereign country that the US recognizes, their laws require a criminal check, they fall into that category. Thus, not a crime.

[thegadfly]

Thanks Nathan

[Los Angeloser]

You're authorized by law to receive it(upon your request) and if you choose to give it to someone then that's your prerogative.