Criminal Record / Dismissed Case. Help!!!!!!!

[impressionn]

Hello everyone,

 

I received drunk in public misdemeanor charge listed as "DISORD/CONDUCT: UI/DRUGS" on my Background checks. However, the charge was dismissed in court.

Therefore, under the disposition heading, my charge is listed as dismissed (non-conviction).

 

Although I don't have a conviction and found innocent of the charge, the charge is still listed in all my background check--so technically I do have a criminal record, per se.

 

My question is:

 

1) How high are the chances of me getting rejected for the Z Visa/permit?

 

2) Does anyone know someone or know of someone teaching English in China with a dismissed charge?

 

3) I noticed many job ads asking for "CLEAR/CLEAN" background checks. I guess my chances are slim to nil? 

 

This charge has potentially ruined my life. All advice, anecdotes, and help will be highly appreciated. Thank you.

 

 

[889]

You don't mention where you're from. In some countries there are different types of certificates from different authorities, and some may include only convictions.

 

Obviously, "DRUGS" there in capital letters is not going to do you any good, no matter the fine print of disposition.

[roddy]

I don't think we've had anynoe come back and say "Hey, it was ok, I got a job despite..." But I can imagine it happening under certain circumstances - an employer who particularly wants to employ you, a more relaxed local PSB, a decent amount of time since the event. But if you're a fairly average applicant looking for jobs with lots of fairly average applicants...

 

I'd get in touch with some employment agencies and see what they say. Let us know...

[889]

I think it's also fair to expect more scrutiny when you're applying for a job teaching high-school students than when you're working in IT, say.

[impressionn]

 

Quote

I don't think we've had anynoe come back and say "Hey, it was ok, I got a job despite..." But I can imagine it happening under certain circumstances - an employer who particularly wants to employ you, a more relaxed local PSB, a decent amount of time since the event. But if you're a fairly average applicant looking for jobs with lots of fairly average applicants...

 

 

I have no experience, but have TEFL certification and a BA in English Literature.

 

Quote

You don't mention where you're from. In some countries there are different types of certificates from different authorities, and some may include only convictions.
 
Obviously, "DRUGS" there in capital letters is not going to do you any good, no matter the fine print of disposition.

 

Yes, this inaccurate charge is adding onto the stress I already have. I am currently working on submitting evidence for correction to "DISORD/CONDUCT UI/ALCOHOL"

[roddy]

Assuming you mean no work experience at all (or post-degree), you'd likely struggle anyway. Add in something showing up on the record check and there's very little reason for an employer to go and argue on your behalf with the authorities who actually issue the permits and visas. A school desperate for teachers, a school owner who has the right connections - it might happen, but I'd start looking very seriously at your Plan B.

 

Get in touch with some teach-in-china agencies if you're still interested - they'll have jobs all over and may know where they can get you in. It's unlikely to be the best job.

[dtcamero]

wait but it was dismissed... am i just too naively american to understand this?

 

in asking for your criminal record they're asking not about criminal convictions, but about any criminal charges whatsover... regardless of whether you've been found innocent or guilty?

so by that logic you could have been found innocent of murdering someone and would still be treated somewhat like a murderer?

 

it it b/c the justice system is rigged and the conviction rate is like 95-99%, that therefore they just equate charges with convictions?

pleases help me understand...this would drive me nuts 

[edelweis]

@dtcamero I think it's the reverse.

China is not asking for "any charges, even dismissed". They're asking for some kind of background check as available in your home country.

It's your home country's authorities that will provide the official papers. It's your home country's authorities that choose what shows on those papers.

 

[889]

The problem is, what a criminal records check covers is up to the authority that issues it. In some jurisdictions it'll cover only convictions, in others it'll include arrests as well.

 

This is a grave problem for a vast number of Americans in particular, given the arrest-first ask-questions-later approach of U.S. law enforcement:  "Nearly half of black males and almost 40 percent of white males in the U.S. are arrested by age 23."

 

https://www.eurekalert.org/pub_releases/2014-01/uosc-sho010314.php

 

Policing is different in China, where the PSB usually handles minor issues administratively, without involvement of the courts. I don't know the actual statistics, but it's fair to say it's beyond belief that anything like 40 percent of Chinese men have been arrested. So from a Chinese viewpoint, an actual arrest followed by a court appearance is a big deal, a very big deal.

[impressionn]

Unfortunately, the way the America criminal justice works is atrocious. Your fate depends on which state you live in, as every state has different procudures. My charge is not a misdemeanor in some other states--just an infraction.

 

Furthermore, nearly half of all arrests in the US do not have a disposition of the arrest in the FBI records, which leads employers who need FBI checks to judge candidates as criminals.

 

You cannot expunge a dismissed case in CA. Furthermore, the procedure to erase my arrest record is damn near impossibility. Basically, this will follow me for the rest of my life.

[889]

Just to clarify for others reading this, California does have a procedure to expunge arrests, but it's so narrowly drawn it's useless in most cases. Essentially, you have to prove to the court that you were factually innocent. Useful in rare cases when you've got proof the police made a clear mistake, like a misspelled name on an arrest warrant, but not otherwise. How do you possibly prove you weren't drunk, on a particular night two years ago?