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This is How You Know If You Have Criminal Record!
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Radius



Joined: 20 Dec 2009

PostPosted: Sat Feb 26, 2011 7:38 pm    Post subject: This is How You Know If You Have Criminal Record! Reply with quote

There's been so much talk recently about whether or not people have a record, and there's also been a lot of misguided opinions of whether they have one or not.

I can only speak about American law.

For all you worried if you have an arrest record:

There's one question you have to know the answer to:
Were you fingerprinted?
If the answer's yes. YOU HAVE ONE. End of story.
If you weren't. You DON'T. Well, kind of...I'll explain.

Sure, if you were not fingerprinted, the jail or local authorities will still have record of your crime, but it is only kept on file at that particular jail, and only for a certain amount of time.
Furthermore (and most importantly), that information was not entered into the National Crime Information Center (NCIC). The only way data is to be entered into this Supercomputer--containing all of our crimes--is by fingerprint submissions from/by the Clerk of Courts (and this is usually done after you've been booked and saw the judge).

But, this does not mean that NO ONE can see your infraction. The ONLY people that can and do have access to that information are police officers (when the pull you over they get your rap sheet) and military personnel when conducting your security clearance (and other security clearance positions other than the military). And good for you they aren't the ones doing your average run-of-the-mill visa CBC. For work visas, they will not delve that deep looking for your municipal-level infractions. Again, IF they do find anything, it's because the jail fingerprinted you and logged you into the NCIC.

Therefore, no prints=no way the state or FBI knows=you can teach in America and Korea=lucky dog.


Last edited by Radius on Sat Feb 26, 2011 8:19 pm; edited 1 time in total
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marsavalanche



Joined: 27 Aug 2010
Location: where pretty lies perish

PostPosted: Sat Feb 26, 2011 8:05 pm    Post subject: Reply with quote

Good thread. Should go into the FAQ. Lot of "can I teach in Korea with my jacked up past?" threads here lately.
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RMNC



Joined: 21 Jul 2010

PostPosted: Sat Feb 26, 2011 9:04 pm    Post subject: Reply with quote

Close, but there are other criminal offenses that can go on your record that don't necessarily require your fingerprints to find them. They can just look you up by name and SS number to see what your history with the state police is. And depending on where you get your background check from and in what state, some things might show up differently, but mos of the time, yes, if you haven't been arrested and booked, you're probably okay.
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olsanairbase



Joined: 30 Aug 2010

PostPosted: Sat Feb 26, 2011 9:17 pm    Post subject: Reply with quote

marsavalanche wrote:
Good thread. Should go into the FAQ. Lot of "can I teach in Korea with my jacked up past?" threads here lately.


Nice one. Then add a thread of those who have jacked up pasts who want to compensate for this by doing an online MA degree from a no name university.
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Radius



Joined: 20 Dec 2009

PostPosted: Sat Feb 26, 2011 11:21 pm    Post subject: Reply with quote

RMNC wrote:
Close, but there are other criminal offenses that can go on your record that don't necessarily require your fingerprints to find them. They can just look you up by name and SS number to see what your history with the state police is. And depending on where you get your background check from and in what state, some things might show up differently, but mos of the time, yes, if you haven't been arrested and booked, you're probably okay.


What crimes would those be? But you are right, there are name-based criminal background checks, but these are not common--only law enforcement applicants and those needing a security clearance get them---not visa CBC or any other civilian job, so no worry there.
As long as they do the fingerprint-based test, and you were never fingerprinted, you're fine.
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Robbo



Joined: 05 Sep 2010

PostPosted: Sun Feb 27, 2011 5:48 am    Post subject: Reply with quote

This is correct. I just went through a very lengthy process to get a job; passed the CRC clean and the FBI check clean. The employer did an "extended" CRC and dug up a DWI from 17 years ago. I had assumed that it had come off my record for good(In America it comes off your record in ten years).
You suppose you can always find something if it has ever been recorded. (I got the job anyway, Not in SK though). My question is: with the new rules, can I just submit a clean FBI check?
Not trying to hijack the thread, only curious.
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Illysook



Joined: 30 Jun 2008

PostPosted: Sun Feb 27, 2011 6:03 am    Post subject: Reply with quote

I'm not sure what the difference between your "clean FBI check" and your "extended check" would be, so I doubt that immigration would either. I imagine that how one fills out the space that asks the reason for your request makes this difference happen. The correct reason is Employment - working with children.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Sun Feb 27, 2011 6:14 am    Post subject: Re: This is How You Know If You Have Criminal Record! Reply with quote

Radius wrote:

Were you fingerprinted?
If the answer's yes. YOU HAVE ONE. End of story.


In most cases this is true. Later in your post, you refer to municipal-level infractions. In some of these cases, being fingerprinted does not necessarily mean that someone has an FBI record because the municipality does not send the information up the ladder. In other cases, small infractions are cleared after a certain amount of time if the citizen does not get into future trouble.
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Radius



Joined: 20 Dec 2009

PostPosted: Sun Feb 27, 2011 7:18 am    Post subject: Re: This is How You Know If You Have Criminal Record! Reply with quote

Bibbitybop wrote:
Radius wrote:

Were you fingerprinted?
If the answer's yes. YOU HAVE ONE. End of story.


In most cases this is true. Later in your post, you refer to municipal-level infractions. In some of these cases, being fingerprinted does not necessarily mean that someone has an FBI record because the municipality does not send the information up the ladder. In other cases, small infractions are cleared after a certain amount of time if the citizen does not get into future trouble.


I don't know, are you sure about this? Either way, we can agree that no fingerprints=no FBI record. You may get lucky and slip through the cracks or have lazy personnel that were supposed to add your prints to the federal database but didnt. But every print should be entered.
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lonestarteacher



Joined: 09 Jan 2011
Location: Suncheon

PostPosted: Sun Feb 27, 2011 2:53 pm    Post subject: Reply with quote

olsanairbase wrote:
marsavalanche wrote:
Good thread. Should go into the FAQ. Lot of "can I teach in Korea with my jacked up past?" threads here lately.


Nice one. Then add a thread of those who have jacked up pasts who want to compensate for this by doing an online MA degree from a no name university.


What's considered a no name university?
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ippy



Joined: 25 Aug 2009

PostPosted: Sun Feb 27, 2011 4:37 pm    Post subject: Reply with quote

Is it true that you have a criminal record just for being arrested? That is, EVEN IF you were found to be innocent? Or do people from the US say arrested when they actually mean convicted? It boggles my mind, so i have to assume it means convicted or something like that.
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Zackback



Joined: 05 Nov 2010
Location: Kyungbuk

PostPosted: Sun Feb 27, 2011 4:56 pm    Post subject: Reply with quote

Just an arrest will do it. It doesn't make sense you say? Kill logical thinking all ye that enter therein Smile
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Radius



Joined: 20 Dec 2009

PostPosted: Sun Feb 27, 2011 5:04 pm    Post subject: Reply with quote

ippy wrote:
Is it true that you have a criminal record just for being arrested? That is, EVEN IF you were found to be innocent? Or do people from the US say arrested when they actually mean convicted? It boggles my mind, so i have to assume it means convicted or something like that.

It's messed up isn't it? There's two things we have:
a conviction history
and an arrest history
(an arrest is not the same as a conviction)
You can be arrested under suspicion of domestic violence because your girlfriend or wife lied about you slapping her, and you can spend the night in jail, then released the next day as the DA (District Attorney) decided not to pursue any charges. But if the policemen takes you down to the station and fingerprints you then tosses you in jail, you have an ARREST record the next morning whether you like it or not. You WON'T have a conviction on your CBC though.
But what the hell? Someone is supposed to carry around a positive arrest record because some vindictive wife lied on you? Yep. Our system is messed up, that's for sure.
The above example actually happened to someone I know.
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Sun Feb 27, 2011 10:49 pm    Post subject: Reply with quote

Has anybody heard if passports now carry that information on them?
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Ramen



Joined: 15 Apr 2008

PostPosted: Sun Feb 27, 2011 11:11 pm    Post subject: Reply with quote

the only way to find out is to get one and see for yourself. Razz
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