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david
Joined: 31 Oct 2003
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 Posted: Tue Jun 26, 2012 9:38 am Post subject: Arrest record, but charges dropped or dismissed |
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I am writing this without the actual document nearby and am not sure how everything reads ................... But I was arrested and the matter was dropped without me having been convicted of anything.
Will this be a problem at Immigration when I apply for the E2 visa? If so: Can it be expunged more quickly than a record showing a conviction?
Thank you in advance for any advice offered. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Tue Jun 26, 2012 11:34 am Post subject: |
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| Where are you? It might make a difference. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Jun 26, 2012 3:59 pm Post subject: |
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If the background check shows anything other than, "No record found / no derogatory record found," the issue is problematic.
Pick a new country.
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Tue Jun 26, 2012 4:02 pm Post subject: Re: Arrest record, but charges dropped or dismissed |
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| david wrote: |
I am writing this without the actual document nearby and am not sure how everything reads ................... But I was arrested and the matter was dropped without me having been convicted of anything.
Will this be a problem at Immigration when I apply for the E2 visa? If so: Can it be expunged more quickly than a record showing a conviction?
Thank you in advance for any advice offered. |
Nice legal system your country has there. Arrest but no convicion = record that you did something illegal but got away with it. |
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cedarseoul
Joined: 16 Feb 2008
Location: nowon-gu
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| Posted: Tue Jun 26, 2012 4:13 pm Post subject: Re: Arrest record, but charges dropped or dismissed |
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| Stan Rogers wrote: |
| david wrote: |
I am writing this without the actual document nearby and am not sure how everything reads ................... But I was arrested and the matter was dropped without me having been convicted of anything.
Will this be a problem at Immigration when I apply for the E2 visa? If so: Can it be expunged more quickly than a record showing a conviction?
Thank you in advance for any advice offered. |
Nice legal system your country has there. Arrest but no convicion = record that you did something illegal but got away with it. |
That's a ridiculous thing to say. Police officers sometimes make mistakes. Also, there are times when a person is arrested based on an initial complaint but then charges aren't filed. That initial complaint may or may not have been valid; the courts never have a chance to make that determination because the matter pre-resolves.
Arrests are thrown out for lack of evidence (protecting potentially innocent people as well as potential wrongdoers), and obviously, there are many times when a matter works its way through the court system and results in acquittal.
Incidentally--I think most Western countries have similar systems. An arrest can't possibly be seen to prove guilt; otherwise, the cops would pre-empt the courts! That would lead to chaos.
I speak from no personal experience, incidentally; I've never been arrested. I have a friend, though, who was arrested once on suspicion of theft...and then the arresting officer himself realized he had made a mistake (nabbed the wrong guy). It happens. |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Tue Jun 26, 2012 4:18 pm Post subject: |
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| Did they fingerprint you? If they didn't it won't likely show up. No matter though, you have to get the FBI CBC and make sure that its not on there. In the mean time have the arrest expunged if it is still there. You can't show immigration a CBC with any record on it or you're not likely to ever get a job in Korea now or in the future. |
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sojusucks
Joined: 31 May 2008
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| Posted: Tue Jun 26, 2012 4:19 pm Post subject: Re: Arrest record, but charges dropped or dismissed |
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| Stan Rogers wrote: |
Nice legal system your country has there. Arrest but no convicion = record that you did something illegal but got away with it. |
Or that additional evidence came in clearing the person. It is difficult to know which without reviewing the case. But this is a great example of how an employer in South Korea may think. Expect discrimination. |
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Tue Jun 26, 2012 6:19 pm Post subject: |
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| young_clinton wrote: |
| Did they fingerprint you? If they didn't it won't likely show up. No matter though, you have to get the FBI CBC and make sure that its not on there. In the mean time have the arrest expunged if it is still there. You can't show immigration a CBC with any record on it or you're not likely to ever get a job in Korea now or in the future. |
Why doesn't the American government just delete them automatically since there is no conviction? Kind of stupid that you have to apply to get it removed if you were innocent. Not sure what the procedure is in Canada, but don't think there's the same problem. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Jun 26, 2012 9:24 pm Post subject: |
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| Weigookin74 wrote: |
| young_clinton wrote: |
| Did they fingerprint you? If they didn't it won't likely show up. No matter though, you have to get the FBI CBC and make sure that its not on there. In the mean time have the arrest expunged if it is still there. You can't show immigration a CBC with any record on it or you're not likely to ever get a job in Korea now or in the future. |
Why doesn't the American government just delete them automatically since there is no conviction? Kind of stupid that you have to apply to get it removed if you were innocent. Not sure what the procedure is in Canada, but don't think there's the same problem. |
There isn't. Only convictions show up.
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northway
Joined: 05 Jul 2010
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| Posted: Wed Jun 27, 2012 4:25 am Post subject: |
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| ttompatz wrote: |
| Weigookin74 wrote: |
| young_clinton wrote: |
| Did they fingerprint you? If they didn't it won't likely show up. No matter though, you have to get the FBI CBC and make sure that its not on there. In the mean time have the arrest expunged if it is still there. You can't show immigration a CBC with any record on it or you're not likely to ever get a job in Korea now or in the future. |
Why doesn't the American government just delete them automatically since there is no conviction? Kind of stupid that you have to apply to get it removed if you were innocent. Not sure what the procedure is in Canada, but don't think there's the same problem. |
There isn't. Only convictions show up.
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And there's the pardon board for the kind of stupid offenses that so often get folks barred from teaching in Korea. Much, much better system. |
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young_clinton
Joined: 09 Sep 2009
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| Posted: Wed Jun 27, 2012 4:48 am Post subject: |
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| northway wrote: |
| ttompatz wrote: |
| Weigookin74 wrote: |
| young_clinton wrote: |
| Did they fingerprint you? If they didn't it won't likely show up. No matter though, you have to get the FBI CBC and make sure that its not on there. In the mean time have the arrest expunged if it is still there. You can't show immigration a CBC with any record on it or you're not likely to ever get a job in Korea now or in the future. |
Why doesn't the American government just delete them automatically since there is no conviction? Kind of stupid that you have to apply to get it removed if you were innocent. Not sure what the procedure is in Canada, but don't think there's the same problem. |
There isn't. Only convictions show up.
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And there's the pardon board for the kind of stupid offenses that so often get folks barred from teaching in Korea. Much, much better system. |
True, but he was never convicted. Pardons are only for convictions. |
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northway
Joined: 05 Jul 2010
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| Posted: Wed Jun 27, 2012 4:51 am Post subject: |
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| I'm aware, I was just expanding a bit. From top to bottom, the Canadian system isn't built to create an underclass of people who have had run-ins with the police. |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Fri Jun 29, 2012 3:49 pm Post subject: Re: Arrest record, but charges dropped or dismissed |
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| sojusucks wrote: |
| Stan Rogers wrote: |
Nice legal system your country has there. Arrest but no convicion = record that you did something illegal but got away with it. |
Or that additional evidence came in clearing the person. It is difficult to know which without reviewing the case. But this is a great example of how an employer in South Korea may think. Expect discrimination. |
That was exactly my point. It's all about what the Koreans perceive it as.
They see a criminal record paper with your name on it and something other than "no record." To the Korean mind, you have done something illegal in your past. Koreans are not going to waste their time trying to figure out what it means, nor are they going to want to listen to your explanation of it.
I don't mean to sound unsympathetic to the OP's situation. It's unjust for a legal system to smudge your record like that. I'm just explaining what the Koreans will think when they see that paper. |
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Triple007
Joined: 29 Nov 2010
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| Posted: Mon Jul 02, 2012 3:51 pm Post subject: |
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| Talk to the school. If they are a bigger school in a mid size to small city, a DUI is usually NOT problematic. I worried about this before but I am going on my second year and my girlfriend has a DUI but we brought it up both times after they became attached to us and it wasn't a problem. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Jul 02, 2012 3:55 pm Post subject: |
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| Triple007 wrote: |
| Talk to the school. If they are a bigger school in a mid size to small city, a DUI is usually NOT problematic. I worried about this before but I am going on my second year and my girlfriend has a DUI but we brought it up both times after they became attached to us and it wasn't a problem. |
Renewals with a previous E2, history in Korea, and a school willing to vouch for you = one thing.
New application in 2012 = another thing.
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