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Visa request - FBI CRC - Misdemeanor that is over 20 years o
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rwallngfrd



Joined: 08 May 2012

PostPosted: Thu May 10, 2012 7:28 pm    Post subject: Visa request - FBI CRC - Misdemeanor that is over 20 years o Reply with quote

My nephew wants to teach in Korea for the first time and he says he's already been offered a public school position in Korea. But his FBI CRC came back with a misdemeanor arrest from 1990 and conviction which resulted in a fine and 12 months of probation. He's worried that he'll be denied a visa in Korea. What should I tell him?
He say's it was "disorderly conduct" charge, not DUI.
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The Sultan of Seoul



Joined: 17 Apr 2012
Location: right... behind.. YOU

PostPosted: Thu May 10, 2012 7:47 pm    Post subject: Reply with quote

I'm pretty sure this may well be a problem. It is unfair and I'm sure he has changed since 1990, but beurocracy is beurocracy, is beurocracy...

If it is an issue, he may be able to enquire about getting it removed?

Not sure as I am from the UK where charges are seen as spent and do not show up on a CRC (other than more serious offenses I imagine) after a certain period of time.

I'm sure a pretty well clued up poster known as ttopmpatz will be along to advise you shortly, and it is usually best to pay stock to what he says, or so I've been told.
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cincynate



Joined: 07 Jul 2009
Location: Jeju-do, South Korea

PostPosted: Thu May 10, 2012 8:34 pm    Post subject: Reply with quote

Anything showing on the FBI CRC and you will not be able to get a Korean Visa, regardless of when it occurred. The only option is to ask the court to expunge the charge, and then get another copy of the FBI check. You are talking about a considerable amount of time though.
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Zyzyfer



Joined: 29 Jan 2003
Location: who, what, where, when, why, how?

PostPosted: Thu May 10, 2012 9:15 pm    Post subject: Reply with quote

The Sultan of Seoul wrote:
I'm pretty sure this may well be a problem. It is unfair and I'm sure he has changed since 1990, but beurocracy is beurocracy, is beurocracy...


It's bureaucracy. Just remember it's referring to bureaus, or offices, and you're golden. I normally wouldn't care but you spelled it wrong three times in one sentence so I have to comment.

-----

That said, agree with other posters. Immigration here has been reported as being very strict as a general rule about record checks coming back clean. Sorry but your nephew might want to consider another country with more lenient rules on this. China now is becoming a bit of a hot spot, might want to look into that.
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youtuber



Joined: 13 Sep 2009

PostPosted: Fri May 11, 2012 7:45 pm    Post subject: Reply with quote

Tell him to stay in the US.

Then we won't have a recurrence of "disorderly conduct" in Korea.
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The Sultan of Seoul



Joined: 17 Apr 2012
Location: right... behind.. YOU

PostPosted: Sat May 12, 2012 12:17 am    Post subject: Reply with quote

Zyzyfer wrote:
The Sultan of Seoul wrote:
I'm pretty sure this may well be a problem. It is unfair and I'm sure he has changed since 1990, but beurocracy is beurocracy, is beurocracy...


It's bureaucracy. Just remember it's referring to bureaus, or offices, and you're golden. I normally wouldn't care but you spelled it wrong three times in one sentence so I have to comment.

-----

That said, agree with other posters. Immigration here has been reported as being very strict as a general rule about record checks coming back clean. Sorry but your nephew might want to consider another country with more lenient rules on this. China now is becoming a bit of a hot spot, might want to look into that.


It's called being four beers into the evening while watchign tv after an exhausting day.
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livelongandprosper



Joined: 04 Mar 2012

PostPosted: Sat May 12, 2012 12:47 am    Post subject: Reply with quote

Oh please. "Disorderly conduct" could be nearly anything, and says next to nothing about a person's character.
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jasonXkeller



Joined: 17 Jan 2012
Location: Redlands, CA

PostPosted: Wed May 16, 2012 7:24 pm    Post subject: Re: Visa request - FBI CRC - Misdemeanor that is over 20 yea Reply with quote

rwallngfrd wrote:
My nephew wants to teach in Korea for the first time and he says he's already been offered a public school position in Korea. But his FBI CRC came back with a misdemeanor arrest from 1990 and conviction which resulted in a fine and 12 months of probation. He's worried that he'll be denied a visa in Korea. What should I tell him?
He say's it was "disorderly conduct" charge, not DUI.


What state are you in? The process to have an arrest record dismissed in California is fairly simple and he should have done it 19 years ago(if he's in California). You file for a dismissal.(the case is 20 years old so they'll have to retrieve it from back records) It's one form, and a $20 filing fee. It takes about 2 months. They another two-to-four to re-order the CBC...that's IF the FBI information is updated in a timely manner. If it's not, you'll have to dispute the findings of the CBC, show proof that the conviction was dismissed and it can take a while.

Admittedly I don't know first hand if they will reject him for a 20 yr old disorderly conduct charge, but given the alternative, I'd go ahead and try.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed May 16, 2012 9:00 pm    Post subject: Reply with quote

Anything other than "no record" will usually result in a rejection of a new application from a new applicant; without appeal or recourse.

There have been isolated cases of people with minor offenses extending, transferring or obtaining a new visa but they already had a history in Korea.

The chances of a new applicant with a CBC issue being successful are very nearly "0".

.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Thu May 17, 2012 1:16 am    Post subject: Reply with quote

My suggestion would be DON'T apply for the visa now. If he applies now and they see the CRC it may hurt a future attempt to get a visa. He should apply to have his record expunged (i.e. wiped clean). If he's had no further incidences since then, some states will do this. Which state did it happen in?

If he's in a hurry, he could always try submitting it and try pointing out that it was 20 years ago. What was the nature of the "disorderly conduct"? Or how serious was it? Was he drunk in public? Playing the music too loud?

I'm sure he can get another job later. There's no big shortage of jobs here.

He could also apply to work in another country.
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rwallngfrd



Joined: 08 May 2012

PostPosted: Mon May 21, 2012 2:19 am    Post subject: Reply with quote

Sorry, took me a while to get back up here. My nephew says it was a disorderly conduct charge which was reduced when he went to court, judge reduced it to 'disturbing the peace' and told Mike to pay a fine. That was it, he says he never went to jail or did anything other than pay a small fine. He read it to me on the phone, he was reading it to me right from the FBI report.
He's got a school in Korea that's already offered him a job. I've been reading in other posts, that maybe if the school writes a letter to immigration he might get the visa. Thoughts?
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rwallngfrd



Joined: 08 May 2012

PostPosted: Mon May 21, 2012 2:20 am    Post subject: Reply with quote

Otherwise I've been telling him to go to China. He's got friends who teach in China and also Vietnam. He doesn't think the pay is that great in those countries.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Mon May 21, 2012 8:35 am    Post subject: Reply with quote

Troglodyte got it right above.

Your friend has nearly zero chance of being approved with this record. He should wait. First, try to get the record expunged. If successful he can then apply to work in Korea. Get another job in the meantime.

If he applies, this application and criminal record will become part of your friend's permanent file in Korea. At a later date he might get his record expunged in the US, but it would still be on file with Korean Immigration and he would still be unable to get a job in the future.

And don't forget, as the linkage of records and lack of privacy around the world increases, such records and databases are very likely to end up linked to things all over the world. Your friend should try to get this cleared up and expunged first and not spread his problem to other governmental authorities.
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young_clinton



Joined: 09 Sep 2009

PostPosted: Mon May 21, 2012 4:18 pm    Post subject: Reply with quote

Have the Misdemeanor expunged then you will have no problems getting past immigration
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rwallngfrd



Joined: 08 May 2012

PostPosted: Tue May 22, 2012 4:33 am    Post subject: Reply with quote

My nephew's misdemeanor can be expunged in California. But that won't remove the arrest from the FBI CRC. Even though it's 21 years old, it will still show up as an arrest if he re-submits fingerprints to the FBI. I don't think there is any way to seal an arrest. Anybody ever heard of anyone doing that from California?
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