Footprints Recruiting

From my own research (i.e. talking to the head of the Criminal and Records department), the only time something shows up on your record is if you were arrested AND book for that specific incident. For example, if you were thrown into a cop car and handcuff, but release soon after without ever going to jail, you DO NOT have a record (assuming this is your only encounter with the law). However, if you were taking down and booked, meaning you have a court date and bail, then you have a record. The big difference here is whether bail was assessed; normally, if you had to pay bail, you probably have a record. Conversely, if the cops just slap a fine on you and let you go, even with a court date, you may not have a record, the all depends on the severity of the crime and the state you're in. What you can do is call up your State Police Dept. and ask to speak to someone who might know.

-Jeff

PS. I'm assuming you are talking about the USA. Not sure about other countries.

A criminal background check that is done at the State Level or higher is required to teach ESL in South Korea.

Your criminal background check can not be older than 6 months.

It is not required for Taiwan or China.

South Korean immigration is looking for a criminal background check that is “clear” or “not clear.”

A sex offender registry or vulnerable record check is no longer required.

This means that they can reject your application for a visa for any issue that is raised on your criminal background check. They do not have to take the nature of the offence, when it occurred or whatever special circumstances surrounding the issue that may exist, into consideration. South Korean immigration wants a “clear” background check.

Further, South Korean immigration takes offences related to violence, alcohol and drugs very seriously. This means that, even though your State may treat a DUI as a misdemeanor, South Korean Immigration will treat it seriously. Even if your State has a misdemeanor possession policy for some types of infractions related to drugs, South Korean Immigration will treat it seriously.

If you are applying for a public school they will also ask if your driver’s license has been revoked for any reason.

Your background check is required to be done at the State Level. A local background check will not suffice. In instances where your State does not perform or disclose State Level background checks, you will have to go to the Federal Level (FBI).

If you are currently in South Korea, or are otherwise overseas, and require a criminal background check, you will need to obtain a Federal Level (FBI) check.

Your background check must be from the State you are applying from. If you are from California, but live in New York and are applying from New York, your background check must be from the State of New York.

If you are a Canadian or British, and are currently living in the United States, your record check must be from the country you are from.

South Korean Immigration may ask you to provide addresses for previous residencies. This is done to ensure that you are not trying to sneak through by obtaining a criminal record check from another State.

If you have an “unclear” criminal background check, you should take whatever steps necessary to get your criminal background check cleared. In some jurisdictions, you can have your record expunged so that previous infractions do not appear. If you live in a jurisdiction that does not expunge offences, or still lists the offences as having occurred, then you run the risk of being turned down by South Korean Immigration.

Even if you have a charge that has been dismissed, and it shows up on your record check as being dismissed, you will likely still be turned down for a visa.

It is advisable that you do not attempt to apply for a visa without a “clear” background check. If you are turned down, you are in the system. Should you have your background check “cleared” afterward, the next time you will apply, you will be asked if you have applied before, and if you were turned down, for what reason. As you are in the system already, you will not be able to lie, and they may elect to turn down any further applications for a visa.

To summarize, you need a “clear” criminal background check that is done at the State level or higher.