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Recently, while I was walking hope drunk after a night at a local bar, I was arrested for "public intoxication," which is ironic because I walked home specifically to avoid a potential DUI charge.

I have hired a criminal defense attorney to either dismiss this misdemeanor charge or negotiate the lowering of this misdemeanor to an infraction. Now several attorneys have told me that the chances of dismissing this charge is highly probable, some even stating a 99% success rate, as this is my first criminal charge.

Even if everything works out, and I get my charge dismissed, my "dismissed" charges unfortunately will still appear in my FBI CBC. My plan is to seal or expunge this charge, but I have heard that even sealing or expunging will not delete all accounts arrests or charges on a federal level(can someone confirm if this is true?), which can potentially nullify my chances of teaching EFL in Korea.
However, some people have stated that they successfully removed all accounts of criminal activity in their FBI CBC (Need confirmation on this from those that went through the process).

So, my question is:
1) Were any of you or do you know of a case where criminal charges were successfully expunged on your FBI CBC and allowed you to work in Korea?

2) Will Korea deny me employment even if my charges were dismissed (non-conviction)?

3) I am a gyopo. Therefore, I can get a F4 visa to enter Korea, but will I have to provide CBC to employers personally? Since, FBI CBC is primary used to obtain a work visa, would I be able to bypass this step?

I feel like I f***ed up so hard on something so stupid. I am senior at a university planning, and have been planning, to work in Korea for the past 3 years and I feel like I royally screwed up my life. Any help and even anecdotal evidence will help me immensely. Advice from people with similar experience will be much appreciated. Thank you.


  • Lawrence
  • Super Waygook

    • 305

    • March 06, 2013, 10:59:23 am
    • South Korea
Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #1 on: September 11, 2016, 10:44:02 pm »
So, my question is:
1) Were any of you or do you know of a case where criminal charges were successfully expunged on your FBI CBC and allowed you to work in Korea?
No, but I知 sure that this has happened to some people currently working here.

2) Will Korea deny me employment even if my charges were dismissed (non-conviction)?
Probably depends on the employer.

3) I am a gyopo. Therefore, I can get a F4 visa to enter Korea, but will I have to provide CBC to employers personally? Since, FBI CBC is primary used to obtain a work visa, would I be able to bypass this step?
I am not a gyopo and I have to provide CBC to employers at least for teaching anyhow. Perhaps if you did something else you wouldn稚 need it but I知 fairly certain you will be teaching here if you decide to come.
Personally I think things will work out for you somehow. People drunk quite a bit here and I知 sure you can get some kind of work. I知 just wondering, what were you doing to cause such a disturbance to get charged with public intoxication? I mean you were walking home so what did you do? Were you singing or talking really loudly or destroying things? How on earth does this charge even happen?


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #2 on: September 12, 2016, 01:11:58 am »
Don't know about 1. and 2. but I have gyopo friends who teach and have never had to show a criminal record check. I believe it depends on the employer. Probably best to apply to academies instead of public(Gepik/Epic etc) if you want to teach.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #3 on: September 12, 2016, 04:28:29 am »
How long do criminal records stay on your CRC in the USa/

I'm not being funny or usually go against the law but since your only crime is a misdemeanour, couldn't you apply for a CRC, get it scanned clean, get the clean CRC notarised and apostilled then send it in?

It depends if crimes come off your records after so long or not. If they come off and are spent, just wait till it's clean, if they don't come off, get it scanned and cleaned up.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #4 on: September 12, 2016, 07:05:47 am »
How long do criminal records stay on your CRC in the USa/

I'm not being funny or usually go against the law but since your only crime is a misdemeanour, couldn't you apply for a CRC, get it scanned clean, get the clean CRC notarised and apostilled then send it in?

It depends if crimes come off your records after so long or not. If they come off and are spent, just wait till it's clean, if they don't come off, get it scanned and cleaned up.

I know you aren't advocating for the falsification of a federal document... Right?


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #5 on: September 12, 2016, 07:08:12 am »
So, my question is:
1) Were any of you or do you know of a case where criminal charges were successfully expunged on your FBI CBC and allowed you to work in Korea?
No, but I知 sure that this has happened to some people currently working here.

2) Will Korea deny me employment even if my charges were dismissed (non-conviction)?
Probably depends on the employer.

3) I am a gyopo. Therefore, I can get a F4 visa to enter Korea, but will I have to provide CBC to employers personally? Since, FBI CBC is primary used to obtain a work visa, would I be able to bypass this step?
I am not a gyopo and I have to provide CBC to employers at least for teaching anyhow. Perhaps if you did something else you wouldn稚 need it but I知 fairly certain you will be teaching here if you decide to come.
Personally I think things will work out for you somehow. People drunk quite a bit here and I知 sure you can get some kind of work. I知 just wondering, what were you doing to cause such a disturbance to get charged with public intoxication? I mean you were walking home so what did you do? Were you singing or talking really loudly or destroying things? How on earth does this charge even happen?


It is funny really. I was just walking home at 1AM, and was sitting on a bus stop to sober up. A cop pulls over by the curb and notices that I am drunk and then proceeds to arrest me. The cop can arrest and charge me if he deemed that I was sufficiently intoxicated enough to harm myself or others. In my case, he believed that I posed as a threat to myself. Furthermore, as it is the burden of the prosecutor to find me undoubtedly intoxicated enough to be a harm unto myself, I feel that I have a good shot at getting the case dismissed, as this is my first criminal charge. Unfortunately, however, arrest records and case dismissals still appear on your FBI CBC until you appeal to remove them, which is a lengthy process that takes years. I have heard that Korea want an absolutely clean slate on your records--that they are not competent enough to differentiate between a minor offense to a major offense.

Don't know about 1. and 2. but I have gyopo friends who teach and have never had to show a criminal record check. I believe it depends on the employer. Probably best to apply to academies instead of public(Gepik/Epic etc) if you want to teach.


This is really encouraging, as I feel like my only option at this point is to go to Korea with an F4 and look for hagwon jobs in person. I would provide all the documents--minus the FBI CBC--and if they ask for an FBI CBC, I would tell them that it takes months to process, leaving them with an ultimatum whether to hire me or not.

How long do criminal records stay on your CRC in the USa/

I'm not being funny or usually go against the law but since your only crime is a misdemeanour, couldn't you apply for a CRC, get it scanned clean, get the clean CRC notarised and apostilled then send it in?

It depends if crimes come off your records after so long or not. If they come off and are spent, just wait till it's clean, if they don't come off, get it scanned and cleaned up.

Criminal records such as misdemeanors and felonies stay on your record permanently unless you appeal to have them removed. It is a myth that after a certain time, felonies and misdemeanors eventually disappear. Unfortunately, this process takes years, felonies even longer. And even if I do "expunge" or "seal" my records on a state-level, there is a chance that they may still appear on the FBI CBC. This is why Korea wants an FBI CBC rather than a state-issued CBC. The deal is, whether I get convicted of this charge or not, the arrest record still remains and the "case dismissed" comment does also; unfortunately, Korea wants zero comments on the CBC. My only option and hope at this point so to go to Korea, luck out in a job in person, and wait potentially for years to have my record completely expunged.

My question for those who are in Korea teaching:
1) Who else did you send your CBC to other than your employer (school or hagwon)? Do you have to send the CBC to the Ministry of Education also?




Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #6 on: September 12, 2016, 07:09:54 am »
How long do criminal records stay on your CRC in the USa/

I'm not being funny or usually go against the law but since your only crime is a misdemeanour, couldn't you apply for a CRC, get it scanned clean, get the clean CRC notarised and apostilled then send it in?

It depends if crimes come off your records after so long or not. If they come off and are spent, just wait till it's clean, if they don't come off, get it scanned and cleaned up.
Unless it's getting a forged Masters, working privates even though it's illegal, and now you are telling someone to forge a CBC? What a piece of work you are.

OP, it really depends on the state that you are from and if they send it to the federal level or seal the records. I had a small record but my state seals records for minor infractions as many do. Best thing to do it research the laws of your state, and get the CBC and see what it says. If it doesn't show up, there is no need to pay the fees to try and get it expunged/sealed.

As for being a gyopo, it shouldn't change anything. You should still need the CBC. The MOE will still need the background check even if immi doesn't need it.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #7 on: September 12, 2016, 07:13:51 am »
How long do criminal records stay on your CRC in the USa/

I'm not being funny or usually go against the law but since your only crime is a misdemeanour, couldn't you apply for a CRC, get it scanned clean, get the clean CRC notarised and apostilled then send it in?

It depends if crimes come off your records after so long or not. If they come off and are spent, just wait till it's clean, if they don't come off, get it scanned and cleaned up.
Unless it's getting a forged Masters, working privates even though it's illegal, and now you are telling someone to forge a CBC? What a piece of work you are.

OP, it really depends on the state that you are from and if they send it to the federal level or seal the records. I had a small record but my state seals records for minor infractions as many do. Best thing to do it research the laws of your state, and get the CBC and see what it says. If it doesn't show up, there is no need to pay the fees to try and get it expunged/sealed.

As for being a gyopo, it shouldn't change anything. You should still need the CBC. The MOE will still need the background check even if immi doesn't need it.

Wait, I need to send a CBC to the MOE even when working at a private hagwon? I thought this was the case for public schools and government-sponsored institutions only?


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #8 on: September 12, 2016, 07:25:55 am »
How long do criminal records stay on your CRC in the USa/

I'm not being funny or usually go against the law but since your only crime is a misdemeanour, couldn't you apply for a CRC, get it scanned clean, get the clean CRC notarised and apostilled then send it in?

It depends if crimes come off your records after so long or not. If they come off and are spent, just wait till it's clean, if they don't come off, get it scanned and cleaned up.
Unless it's getting a forged Masters, working privates even though it's illegal, and now you are telling someone to forge a CBC? What a piece of work you are.

OP, it really depends on the state that you are from and if they send it to the federal level or seal the records. I had a small record but my state seals records for minor infractions as many do. Best thing to do it research the laws of your state, and get the CBC and see what it says. If it doesn't show up, there is no need to pay the fees to try and get it expunged/sealed.

As for being a gyopo, it shouldn't change anything. You should still need the CBC. The MOE will still need the background check even if immi doesn't need it.

Wait, I need to send a CBC to the MOE even when working at a private hagwon? I thought this was the case for public schools and government-sponsored institutions only?

No, no, no... The MOE still requires a CBC even if it's a private Hagwon (at least they did in my case and, I'm an F visa). You could potential find an employer who will bend the rules, but do you really want to work for someone like that? After all, if he bends the rules on that, he could on your paycheck. However, some owners will overlook things on the CBC. I have heard of that happening, I don't think the MOE really cares (could be wrong) as long as it isn't something serious. Immigration are the sticklers, as far as I know.
« Last Edit: September 12, 2016, 07:29:36 am by Seoul cruiser »


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #9 on: September 12, 2016, 07:35:29 am »
If it is a misdemeanor, and you get it expunged (which may require some sort of classes), you can still work here. Proceed.


  • akplmn
  • Veteran

    • 113

    • October 19, 2015, 01:52:10 pm
    • South Korea
Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #10 on: September 12, 2016, 08:41:57 am »
How long do criminal records stay on your CRC in the USa/

I'm not being funny or usually go against the law but since your only crime is a misdemeanour, couldn't you apply for a CRC, get it scanned clean, get the clean CRC notarised and apostilled then send it in?

It depends if crimes come off your records after so long or not. If they come off and are spent, just wait till it's clean, if they don't come off, get it scanned and cleaned up.

Holy shit - do NOT do this.  Not only is that insanely unethical, but the consequences of getting caught could be dire.  Also, the whole point of apostilling is that the government is double-checking and authenticating your documents.  How thorough they are may vary, but sending your falsified government documents to the government for apostilling?  You're just asking to get caught.

And as a side note, while I'm not sure about Korean law, in many countries encouraging another to commit a criminal act is in itself a crime - which is arguably exactly what this post is doing.  I would be careful about posting suggestions like these on a public forum.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #11 on: September 12, 2016, 08:47:37 am »

It is funny really. I was just walking home at 1AM, and was sitting on a bus stop to sober up. A cop pulls over by the curb and notices that I am drunk and then proceeds to arrest me. The cop can arrest and charge me if he deemed that I was sufficiently intoxicated enough to harm myself or others.






Thats why American police are despised around the world. A total abuse of his power. Shame on that american police officer. If you were in another country you would have had a fun conversation with the police while drunk and just have been sent on your merry way...but not the american police.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #12 on: September 12, 2016, 08:49:43 am »
If it is a misdemeanor, and you get it expunged (which may require some sort of classes), you can still work here. Proceed.

Are you speaking from personal experience? Yes, there is a decent chance for me work in Korea legally after I expunge or seal my misdemeanor. Unfortunately, "sealing and destroying" prior criminal records officially happens 3 years after I petition for it. I guess I am at a loss for what to do in that span of 3 years. I am approaching 30 and running out of time. I was considering working in China or Japan, but after further research, they also have a mandatory CBC check and rampant discrimination against ethnic minorities teaching English, especially China.

How long do criminal records stay on your CRC in the USa/

I'm not being funny or usually go against the law but since your only crime is a misdemeanour, couldn't you apply for a CRC, get it scanned clean, get the clean CRC notarised and apostilled then send it in?

It depends if crimes come off your records after so long or not. If they come off and are spent, just wait till it's clean, if they don't come off, get it scanned and cleaned up.

Holy shit - do NOT do this.  Not only is that insanely unethical, but the consequences of getting caught could be dire.  Also, the whole point of apostilling is that the government is double-checking and authenticating your documents.  How thorough they are may vary, but sending your falsified government documents to the government for apostilling?  You're just asking to get caught.

And as a side note, while I'm not sure about Korean law, in many countries encouraging another to commit a criminal act is in itself a crime - which is arguably exactly what this post is doing.  I would be careful about posting suggestions like these on a public forum.

Do not worry. I have no plans whatsoever to falsify documents, as I am too terrified of getting caught and suffering the consequences.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #13 on: September 12, 2016, 08:52:35 am »
How long do criminal records stay on your CRC in the USa/

I'm not being funny or usually go against the law but since your only crime is a misdemeanour, couldn't you apply for a CRC, get it scanned clean, get the clean CRC notarised and apostilled then send it in?

It depends if crimes come off your records after so long or not. If they come off and are spent, just wait till it's clean, if they don't come off, get it scanned and cleaned up.
Unless it's getting a forged Masters, working privates even though it's illegal, and now you are telling someone to forge a CBC? What a piece of work you are.

OP, it really depends on the state that you are from and if they send it to the federal level or seal the records. I had a small record but my state seals records for minor infractions as many do. Best thing to do it research the laws of your state, and get the CBC and see what it says. If it doesn't show up, there is no need to pay the fees to try and get it expunged/sealed.

As for being a gyopo, it shouldn't change anything. You should still need the CBC. The MOE will still need the background check even if immi doesn't need it.

Wait, I need to send a CBC to the MOE even when working at a private hagwon? I thought this was the case for public schools and government-sponsored institutions only?

No, no, no... The MOE still requires a CBC even if it's a private Hagwon (at least they did in my case and, I'm an F visa). You could potential find an employer who will bend the rules, but do you really want to work for someone like that? After all, if he bends the rules on that, he could on your paycheck. However, some owners will overlook things on the CBC. I have heard of that happening, I don't think the MOE really cares (could be wrong) as long as it isn't something serious. Immigration are the sticklers, as far as I know.

Thanks for the information and help, although it is incredibly discouraging.  :huh:


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #14 on: September 12, 2016, 08:54:08 am »
If it is a misdemeanor, and you get it expunged (which may require some sort of classes), you can still work here. Proceed.

Are you speaking from personal experience? Yes, there is a decent chance for me work in Korea legally after I expunge or seal my misdemeanor. Unfortunately, "sealing and destroying" prior criminal records officially happens 3 years after I petition for it. I guess I am at a loss for what to do in that span of 3 years. I am approaching 30 and running out of time. I was considering working in China or Japan, but after further research, they also have a mandatory CBC check and rampant discrimination against ethnic minorities teaching English, especially China.

How long do criminal records stay on your CRC in the USa/

I'm not being funny or usually go against the law but since your only crime is a misdemeanour, couldn't you apply for a CRC, get it scanned clean, get the clean CRC notarised and apostilled then send it in?

It depends if crimes come off your records after so long or not. If they come off and are spent, just wait till it's clean, if they don't come off, get it scanned and cleaned up.

Holy shit - do NOT do this.  Not only is that insanely unethical, but the consequences of getting caught could be dire.  Also, the whole point of apostilling is that the government is double-checking and authenticating your documents.  How thorough they are may vary, but sending your falsified government documents to the government for apostilling?  You're just asking to get caught.

And as a side note, while I'm not sure about Korean law, in many countries encouraging another to commit a criminal act is in itself a crime - which is arguably exactly what this post is doing.  I would be careful about posting suggestions like these on a public forum.

Do not worry. I have no plans whatsoever to falsify documents, as I am too terrified of getting caught and suffering the consequences.

OP what state are you from?


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #15 on: September 12, 2016, 08:57:07 am »
If it is a misdemeanor, and you get it expunged (which may require some sort of classes), you can still work here. Proceed.

Are you speaking from personal experience? Yes, there is a decent chance for me work in Korea legally after I expunge or seal my misdemeanor. Unfortunately, "sealing and destroying" prior criminal records officially happens 3 years after I petition for it. I guess I am at a loss for what to do in that span of 3 years. I am approaching 30 and running out of time. I was considering working in China or Japan, but after further research, they also have a mandatory CBC check and rampant discrimination against ethnic minorities teaching English, especially China.

How long do criminal records stay on your CRC in the USa/

I'm not being funny or usually go against the law but since your only crime is a misdemeanour, couldn't you apply for a CRC, get it scanned clean, get the clean CRC notarised and apostilled then send it in?

It depends if crimes come off your records after so long or not. If they come off and are spent, just wait till it's clean, if they don't come off, get it scanned and cleaned up.

Holy shit - do NOT do this.  Not only is that insanely unethical, but the consequences of getting caught could be dire.  Also, the whole point of apostilling is that the government is double-checking and authenticating your documents.  How thorough they are may vary, but sending your falsified government documents to the government for apostilling?  You're just asking to get caught.

And as a side note, while I'm not sure about Korean law, in many countries encouraging another to commit a criminal act is in itself a crime - which is arguably exactly what this post is doing.  I would be careful about posting suggestions like these on a public forum.

Do not worry. I have no plans whatsoever to falsify documents, as I am too terrified of getting caught and suffering the consequences.

OP what state are you from?

California


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #16 on: September 12, 2016, 09:40:46 am »
No, no, no... The MOE still requires a CBC even if it's a private Hagwon (at least they did in my case and, I'm an F visa). You could potential find an employer who will bend the rules, but do you really want to work for someone like that? After all, if he bends the rules on that, he could on your paycheck. However, some owners will overlook things on the CBC. I have heard of that happening, I don't think the MOE really cares (could be wrong) as long as it isn't something serious. Immigration are the sticklers, as far as I know.

Thanks for the information and help, although it is incredibly discouraging.  :huh:

For what it's worth, I am a gyopo on an F4 and the only time in my three years here that my CBC was required was during the application process for EPIK. If you don't go through EPIK and you get hired directly by a public school, I think you should be fine. I only stayed with my POE for one year and then I switched to a new school and was hired directly; they never asked for my background check and they don't do anything shady. Also, immigration has never required one of me since it's not actually a requirement of the F4 visa.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #17 on: September 12, 2016, 10:01:52 am »
Just use your personal networking skills and if your employer asks, tell them you were arrested for walking home drunk. Do you really think anyone in Korea will give a crap about that?

It all depends on what judge you get and what court you draw. You might get some Judge Judy wannabe who will hoot and holler. Show up with mom and dad and lawyers and get out. You might get a bunch of AA meetings and alcohol camp or whatever. Just go along with the BS

Or you might get some judge who don't care and you'll plead down to some ticket and be on your way. Either way, hope your holding cell wasn't too bad. Did you get the full weekend or just an overnight?


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #18 on: September 12, 2016, 10:10:43 am »
Can you really be picked up just for being drunk in public? In Korea?! I imagine it would have to be accompanied by some other sort of reckless behavior before you draw the polices' attention...?


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #19 on: September 12, 2016, 10:20:45 am »
LOL omg. This exact same thing happened to me. Fell asleep at a bus stop (on the seat) and got arrested for public intoxication. Was in Canada though so no official charges; sort of a "just making sure you're alright, eh?" service.