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Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #20 on: September 12, 2016, 10:40:45 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.

Thanks for the info. Your personal experience is especially encouraging. One of the reasons I created this thread was to get as much responses from F4 gyopos and their experience with the FBI CBC.

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.

Lucky you were in Canada, eh?
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?

If it was only employer I had to get through, I wouldn't be as worried. However, I might have to potentially go through the Ministry of Education also, and I don't think they will be as lenient. And yes, like you said, it is a gamble. I have increased my chances of getting this case closed by shelling out $1500 dollars I don't have for an attorney, and hopefully it will pay off. Now I need to decide how I am going to survive off of 400$ USD for 5 months until I get my next batch of financial aid LOL.

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...?

This happened in California.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #21 on: September 12, 2016, 11:39:27 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.
I don't know why you think it's funny. It was a total disgrace what they did to you. By arresting you they were taking away your freedom when you did NOTHING WRONG. If someone tried to do that to me for just one minute i'd be really peeded off. Im sure you were taken away for more than a few minutes. Canada is supposed to be a COMMON LAW country. Most English speaking countries are common law countries but the powers that be deliberately don't teach about it in schools cos they want people to be ignorant. You probably unwittingly consented to the officers legal power both verbally and non verbally so the officer acted within the LEGAL powers given to him. It could have turned out differently if you had known your stuff and he then wouldnt have had the LAWFUL (not legal) power to do anything. It's not your fault though, I didn't discover common law until my late 30's. I'd recommend anyone film their interactions with the police (and audio recording too).
That being said, Korea is not a common law country.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #22 on: September 12, 2016, 11:54:17 am »
I don't know why you think it's funny. It was a total disgrace what they did to you. By arresting you they were taking away your freedom when you did NOTHING WRONG. If someone tried to do that to me for just one minute i'd be really peeded off. Im sure you were taken away for more than a few minutes. Canada is supposed to be a COMMON LAW country. Most English speaking countries are common law countries but the powers that be deliberately don't teach about it in schools cos they want people to be ignorant. You probably unwittingly consented to the officers legal power both verbally and non verbally so the officer acted within the LEGAL powers given to him. It could have turned out differently if you had known your stuff and he then wouldnt have had the LAWFUL (not legal) power to do anything. It's not your fault though, I didn't discover common law until my late 30's. I'd recommend anyone film their interactions with the police (and audio recording too).
That being said, Korea is not a common law country.

I was laughing more at how precisely his situation matched mine. Up to the age it happened too. FYI I was pissed off as they pretty much just walked up to me and put handcuffs on, no questions asked. No charges were made though so why go through a multi-year process where I'm likely to lose since I have absolutely no proof on me whatsoever and when it clashes with my plans to come to Korea within a couple months?


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #23 on: September 12, 2016, 01:43:19 pm »
F4 here, I had to provide my CBC to both hagwons I've worked for. The Korean embassy back in Canada told me it's for the MoE, not for the actual school/hagwon that I'd be working for. Best of luck with everything though!


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #24 on: September 21, 2016, 08:11:58 am »
Wow!  Sounds like the legal system in the US has some serious problems.  It should be illegal for the FBI to put anything on your criminal report except for convictions.  Non convictions should not even be reported or if it is, it would go into some kind of internal database not to be released on your criminal record check.  While your at it, non money or non financial jobs also shouldn't require a credit check.  May want to pass some laws against that too. 

The credit check for jobs - is it going that way in Canada too?  Wasn't too bad when I lived there but there weren't good jobs around anyhow (it was the Maritimes after all).  Possibly might have been getting started.  I was still able to rent without giving a credit check.  I was even able to be late with my rent, as long as I called them up and told them when I'd make the payments.  I'm guessing bigger cities are prob really strict on needing a credit check for those things now? 


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #25 on: September 21, 2016, 10:36:55 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.
I don't know why you think it's funny. It was a total disgrace what they did to you. By arresting you they were taking away your freedom when you did NOTHING WRONG. If someone tried to do that to me for just one minute i'd be really peeded off. Im sure you were taken away for more than a few minutes. Canada is supposed to be a COMMON LAW country. Most English speaking countries are common law countries but the powers that be deliberately don't teach about it in schools cos they want people to be ignorant. You probably unwittingly consented to the officers legal power both verbally and non verbally so the officer acted within the LEGAL powers given to him. It could have turned out differently if you had known your stuff and he then wouldnt have had the LAWFUL (not legal) power to do anything. It's not your fault though, I didn't discover common law until my late 30's. I'd recommend anyone film their interactions with the police (and audio recording too).
That being said, Korea is not a common law country.

Yeah, tell that to the cops and the judge. Have fun spending the weekend in holding.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #26 on: September 21, 2016, 11:28:22 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.
I don't know why you think it's funny. It was a total disgrace what they did to you. By arresting you they were taking away your freedom when you did NOTHING WRONG. If someone tried to do that to me for just one minute i'd be really peeded off. Im sure you were taken away for more than a few minutes. Canada is supposed to be a COMMON LAW country. Most English speaking countries are common law countries but the powers that be deliberately don't teach about it in schools cos they want people to be ignorant. You probably unwittingly consented to the officers legal power both verbally and non verbally so the officer acted within the LEGAL powers given to him. It could have turned out differently if you had known your stuff and he then wouldnt have had the LAWFUL (not legal) power to do anything. It's not your fault though, I didn't discover common law until my late 30's. I'd recommend anyone film their interactions with the police (and audio recording too).
That being said, Korea is not a common law country.

Yeah, tell that to the cops and the judge. Have fun spending the weekend in holding.
So what do you propose....bend over and not put up a fight? Shame on you.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #27 on: September 22, 2016, 07:58:32 am »
F4 here, I had to provide my CBC to both hagwons I've worked for. The Korean embassy back in Canada told me it's for the MoE, not for the actual school/hagwon that I'd be working for. Best of luck with everything though!

Did the hagwons ask you directly for the CBC or did the Korean embassy ask you to submit the CBC? Or was it that you just asked the Korean Embassy why you had to submit a CBC?


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #28 on: September 22, 2016, 08:01:16 am »
On a side note, I am seriously contemplating working in Japan, as they oftentimes do NOT discriminate against non-drug, non-DUI, non-violent records.


  • Epistemology
  • Hero of Waygookistan

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Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #29 on: September 22, 2016, 08:23:51 am »
Your best bet is just being honest with an employer in Korea on this. You only did what every adult male in Korea has done at some point in his life and your only crime was "being a minority" in a country where the police force are "majority white". This is the narrative you want to play on. "You were racially discriminated against for looking Korean"  might get you some sympathy and get you off the hook.
Away an bile yer heid ya numpty,ye dinnae ken whit yer talkin aboot.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #30 on: September 22, 2016, 08:43:48 am »
So what do you propose....bend over and not put up a fight? Shame on you.

First, don't lie to the cop, be respectful and calm, but also crack a joke. Just tell em the truth that you're out with friends and are visiting from the U.S. and had a few too many. Maybe mutter something about the local brew being too good or strong or whatever. If the cop is nice, ask to swing by McDonald's before they throw you in holding (just as a practical point, it might be the last meal you get for awhile) but also you can gauge how the cops are feeling and it gives you more time to sober up and find an "in" with the cop (an in won't necessarily get you out of things, but it can make a difference in what holding cell you get and how things go, if they don't take you to McD's, they might give you a second bag meal at holding or whatever). Also, if you do get charged, get a lawyer and bring your parents to court.

Things not to do:
Rant about the finer points of Constitutional Law
Turn an intox arrest into an epic human rights struggle
Mouth off to the cop
Get angry
Go into a history of Common Law amongst the English speaking peoples of the world
Lie
Assume that if you've just been woken up drunk on a random bench, that you have any idea what the heck is going on (You might have passed out in a crap neighborhood and the cops are just taking you in for your protection)
When you're arrested and they throw you in holding, don't start flipping out (ranting, crying, banging on the door, etc.)
Don't do some dumb suburb kid shit and badmouth God or your parents while in holding

Look at jail as an opportunity. You'll probably meet someone cool who can hook you up with a good bag or works at a club or something.


  • gideonvasquez
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Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #31 on: September 22, 2016, 11:54:48 am »
Look at jail as an opportunity. You'll probably meet someone cool who can hook you up with a good bag or works at a club or something.
You always seem to give the most practical and useful advice.


  • jmx717
  • Waygookin

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Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #32 on: September 22, 2016, 12:18:37 pm »
I was under the impression that only felonies show up on the national FBI check anyway.. am I mistaken?


  • gideonvasquez
  • Super Waygook

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    • August 27, 2015, 08:42:34 am
    • Uisung - Gyeongbuk-do
Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #33 on: September 22, 2016, 12:47:13 pm »
I was under the impression that only felonies show up on the national FBI check anyway.. am I mistaken?
I pretty sure it's all depositions, arrests, and charges submitted to the national database by an authorized law enforcement entity. A general rule to follow would be, if you had your prints taken then it ends up there. The fun thing about them is the only way to find out for sure is to order one and see. Did Nevada submit that time you paid a fine for being drunk in public and spent a night in jail? Maybe. (Incidentally, this didn't actually happen to me I have never been detained or arrested. Interestingly enough the first time I went to any kind of jail or holding facilit was to have my finger prints taken to get a piece of paper attesting to this fact.)
« Last Edit: September 22, 2016, 02:59:23 pm by gideonvasquez »


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #34 on: September 23, 2016, 05:30:36 am »
I was under the impression that only felonies show up on the national FBI check anyway.. am I mistaken?

I have heard that occasionally city and state checks may wipe out some records if you follow necessary procedures. FBI checks, however, never fully remove ANY records unless you have them "sealed and destroyed," not expunged. This is why many serious countries or employers specifically request the FBI check and not a state check. There are strict procedures to get them sealed and destroyed in California. The biggest barrier is to be 1) non-convicted and 2) prove without a reasonable doubt that you were in fact innocent of the crime. Lawyers have told me it is incredibly difficult to prove that someone is, without a reasonable doubt, innocent because this time, the burden of proof is on YOU and not the prosecutor. Furthermore, if you are truly believe you have the evidence to back up your claims, the prosecutor will do everything in his/her power to deny you the factual innocence because it will looks bad for them and the justice system as a whole.


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #35 on: December 14, 2016, 05:07:51 am »
An Update:

The District Attorney has agreed to drop my public intoxication charge.

Also, I also have been emailing a recruiting agency regarding the Ministry of Education stance on accepting my "blemished" FBI CBC.
The recruiting agency agreed to call the MoE on my behalf, and they have informed my recruiting agency that as long as its only a "public intoxication" charge, it is most likely acceptable.


  • TylerDurden
  • Veteran

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    • May 08, 2011, 07:49:57 pm
    • Sanbon South Korea
Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #36 on: December 14, 2016, 07:08:29 am »
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.
How did they know you were drunk?  Is there more to this story?


Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #37 on: December 14, 2016, 07:31:29 am »
Clearly, as he was patrolling down the street at 1 AM, he saw a young man knocked out on the bus stop and decided to check his status. There is nothing more to the story. It was 1 AM and not a single person out on the sidewalk.

The suspicion is natural, as I didn't look like a homeless person and the buses were finished for the day.


  • Mireya218
  • Newgookin

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    • October 23, 2019, 12:46:48 pm
    • Seou, Korea
Re: FBI Criminal Background Check (The s*** has officially hit the fan)
« Reply #38 on: October 23, 2019, 01:02:29 pm »
This post is extremely old, but I was curious ó what ended up happening for you?

Currently, my situation is the same. I didnít do anything but this police officer was sitting in her car parked in front of a college bar, preying on anyone that walked out. I went to court and the case was thrown out and Iím innocent, but it showed up on my CBC. It is so stupid. I was wondering if you found any luck...