F-6 and CBC question

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51bicer
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Joined: 03/14/2011 - 18:55
F-6 and CBC question

Hello everyone.  It looks like the policies have changed recently regarding F-2 (now F-6) visa holders.  I am marrying a Korean woman later this year, so I will have an F-6.  I see that an F-6 does not require a CBC.  Do I still need a CBC to teach?  The reason why I ask is because I have an arrest on my FBI CBC.  A recruiter from talknlearn told me this was going to be a problem and that "no way" could I get a teaching job (yes, even with an F-6).  Any other job, "ok".  Is he badly mistaken?  Or is this the way things are now?  If things have changed this drastically, what about all the teachers that are married and have families to support...how will they survive?

 

ps. I'm not sure that it would matter, but I would only be looking to teach at adult learning centers.

 

Thanks for any input!

gregg604
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Joined: 09/24/2009 - 14:38
Re: F-6 and CBC question

Yes. All schools are asking for criminal record checks. It started last year. Even F-6 part-time jobs have requested that I do the check. It seems silly that arrests are kept on a record even if you are innocent. I know it's a huge hassle, but you should ask to have the arrest removed from your record. 

51bicer
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Joined: 03/14/2011 - 18:55
Re: F-6 and CBC question

I've checked into this.  My Korean girlfriend called the Ulsan branch of education late Thursday.  They said while everyone needs to submit a CBC, they DO NOT decide if someone works or not.  That is the descretion of the employer, not the ministry of education. While I'm sure an arrest would affect some jobs, I would think there are jobs where this would not be an issue.  If anyone has any more information as to what jobs would be or would not be affected, I'd love to know so when I start applying I know which ones not to go after.  

BTW and just to let everyone know, an arrest CANNOT be removed from your FBI record.  Maybe if you were underage, but I don't know that for sure.  What I can tell you if you were 18 or older and arrested and no diversion plan set up (this is basically everything goes away if you fill all the requirements such as probation, community service, etc INCLUDING arrests) the arrest will never dissappear from your FBI record.  I've seen a lot of talk about getting a record expunged.  That only works for 3rd parties trying to verify an arrest.  This does no good for someone requesting an FBI check.  

Edit:  someone informed me that a friend had indeed got an arrest expunged.  I guess different states, different laws.  So I should not say "CANNOT".  In my case, it could not be per Indiana lawyers/law offices (3 of them). The way the lawyers/law offices spoke they sounded as if everyone couldn't get an arrest off.  So, that was my confusion.  Best of luck to those trying to get one off. 

 

 

samkoiz
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Joined: 01/16/2013 - 05:08
Re: F-6 and CBC question

Yeah, they ask for CBC. If you're in South Korea, you can send prints directly to services in the U.S. About 8-12 weeks the FBI will forward it to the company and they apostille it right away. One company that handles submitting FBI background check and obtaining apostille is www.apostillepros.com

They are certified fingerprinters so they check out your prints before submitting them, saving you time if FBI rejects them. FBI rejects your prints you're looking at another 8-12 weeks and wasted EMS.

51bicer
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Joined: 03/14/2011 - 18:55
Re: F-6 and CBC question

Thanks Sam.  Yeah, I heard about them.  May use.  I've actually had my prints done before so I know how the process works.  Fun times waiting.

jakerill
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Joined: 01/08/2014 - 06:04
Re: F-6 and CBC question

I used them. They are excellent.

phatrick
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Joined: 01/29/2010 - 23:59
Re: F-6 and CBC question

Expungement works... ummm, I know a friend who had it done and now nothing shows on the FBI record or state level checks now.

51bicer
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Joined: 03/14/2011 - 18:55
Re: F-6 and CBC question

I don't want to say your friend is wrong.  Are you saying your friend actually had an FBI report that showed an arrest...got it expunged...and then the new one showed "no record"? Was he falsely arrested or something?  

I spoke with several Indiana lawyers who do expungement/seal.  They stated the same thing that you can find on the internet (here is one: http://www.topsecretwriters.com/2012/04/do-sealed-record-keep-fbi-finger... ), and that is an arrest can't be removed when the police or FBI do a check (which would be the case for the requirement in Korea).  In other words, the file is only kept from the public.  If a third party called in trying to check, then yes, nothing.  

Maybe it depends on the state that you are in.  I'm from Indiana.  Is it possible your friend had a diversion plan in place?  If so, there would be no arrest record assuming the person did everything that was asked.  I've had this experience myself.  Also, a lot of people are confusing diversion, expungement, seal.  

I hope your friend is right as that gives some hope to others.  However, I've never heard or read about someone firsthand that had his/her record expunged.

 

 

sc
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Joined: 06/29/2013 - 20:30
Re: F-6 and CBC question

I think if you're only going to work for an adult learning center, you might not need a CBC. Schools must submit a CBC to the education board, but I don't think adult learning centers fall into that category. I worked for a few adult learning centers, and a CBC was never an issue.