Taiwan ARC criminal record check

I am also in a similar situation.

10 years ago I was charged with driving on an expired license. It expired 3 weeks prior and I had no idea since it was my first time my license ever expired (they last for 5 years)

I was told to fix it asap and go to the courthouse and it would be fine.

I did this, paid a 10$ fine, and thought all was good.

Recently found out that paying the fine was admission to guilt, and if I had seen a judge they would have likely reduced to an infraction. At 22 years old with no record, I did not know this.

Now Im going to try and expunge this misdemeanor but im told it will still show up on my record, simply stating it was expunged/dismissed.

Anybody think driving on an expired license, expunged, from 10 years ago is going to get me rejected?

I was so excited and thought I had no record until the paper came back. I am so bummed.

Who told you this? If a record is expunged then it is sealed from view, and is only accessible by specific law enforcement agencies (for example if you commit another crime, or you want to apply for a job with the police or FBI). It wonā€™t show up if a private citizen (ie: a possible employer) requests a background check from any agency. Thatā€™s the whole point and reason why people get shit expunged.

TW doesnt accept background checks from private agencies.

It has to be an official FBI background check, which will show expunged crimes.

I feel like Taiwan is definitely going to have to change this law. Letā€™s be honest, not many people who are traveling overseas to work have exactly had perfect experiences back home. Theyā€™re already getting a steal for being able to hire educated individuals for half of what they would be making back homeā€¦ From my hours of reading, and asking around on Facebook, more than a few recruiters have told me that itā€™s severely affecting their businessā€¦ Apparently it has to be completely clean, even if it dismissed. In the U.S. people get falsely accused all the timeā€¦ Thatā€™s the whole point of the court systemsā€¦ To prove guiltā€¦ If youā€™re found ā€œnot guiltyā€ then itā€™s nothing but cruel, barbaric, and asinine to hold that against someoneā€¦ Here I was thinking the Taiwanese government had more sense than Chineseā€¦

Iā€™m not sure about the ā€œbarbaricā€ part, but I think a general raising of standards might be in order. (Shh, donā€™t tell the Grammar & Spelling Nazis!)

Lol yeah, I canā€™t even attempt to go back and correct spelling and grammar for a message board. My phoneā€™s Swype feature working along with autocorrect is too aggravating to even attempt. Iā€™m always having to go back and correct things it predicts incorrectly. A few other things typically get lost in that processā€¦

Yeah, I know. Donā€™t think you read my reply carefully enough. You need special clearance to access expunged records. A private citizen requesting an FBI check doesnā€™t have that clearance.

An FBI check wonā€™t show expunged crimes.

Oh my bad, I did misread.

Hmm are you sure? Iā€™ve been reading that it will show the charge and then say it was expunged or some other term, but still show there was a charge.

I was finger printed and all of that.

In any case, I hope you are correct.

Iā€™m not 100% sure, but Iā€™m 99% sure as a mate of mine had an expunged misdemeanor, but still got back a clean record.

You can probably contact them directly and ask.

Based on the info in this pic, what youre saying is true in most cases, but not an fbi background check.

In America it wouldnā€™t be a problem as they arent supposes to discriminate based on expungement but I feel like Asian countries are so damn strict. TW aint gonna care and still hold it against me I accidentally drove on a 3 week expired license, 10 years ago.

Fuck the cop who gave me the misdemeanor too. Good going giving a 22 year old a criminal record for something so frivelous.

Screenshot_20180126-184920

Its Naziā€™s. Duh! Everybody knowā€™s that.

Iā€™d directly contact an FBI office (if possible). Not rely on some info from an ambulance chaserā€™s website.

Maybe thereā€™s some info here that pertains to your case. https://www.fbi.gov/services/cjis/identity-history-summary-checks

Nah Ive read this from actual lawyers. FBI backgroubd checks are something you dont have to deal with in the states in 99% of cases.

Its in these records that everything can be seen. TW goes to the greatest depths to see your past and ofcourse is not held to U.S. law and can discriminate even if a case was expunged (if they feel like)

The FBI check even shows if you were charged and found not guilty. Korea is the most strictā€¦ read some guy getting rejected in Korea just for being charged, even though he was found not guilty. They openly say this is their policy too.

So, ive heard a lot about how this law was passed because of that cram school teacher who sexually abused that female writer as a child, correct?

Well itā€™s hard to accept the fact that foreigners with misdemeanors have to pay the price because of what he (most likely) did when he isnā€™t even a foreigner, heā€™s a local Taiwanese. On top of that, the most recent google article about this case said he was questioned then released.

Ok so a law was passed to try and protect children because of a local rapist. Understandble. But at least convict the guy, throw him in jail, THEN pass the law, right? As of now heā€™s ā€œinnocentā€ and this law has already been passed. I donā€™t get it.

Edit: link to article
http://www.taipeitimes.com/News/taiwan/archives/2017/05/11/2003670366

Iā€™m amazed itā€™s taken this long, to be honest. I would guess that was down to a combination of bureaucratic inertia and lobbying from cram school chains.

On the plus side for those who have misdemeanours, my guess is that if a criminal record check is limiting supply and therefore risks pushing up entry level labour costs then the cram school chains will find a way to persuade legislators to change the law. Probably remove non-violent offences from the list. Thatā€™s not much consolation to those who are in a pickle at the moment, I know.

I thought you had been a high school student at that time from your 1st post. 22 year old should be a responsible adult for your fault. Not so many people forget to renew driverā€™s licence. I think one or two that kind of misdemeanours should not affect work permit, though.

Excuse me? Iā€™m sorry I am not perfect like you. I was a full time student at the time and also working full time. License are good for 5 years and it was the first time I had ever had it expired, and it was simply 3 weeks, so go screw yourself.

The cop had every ability to mark it as an infraction and the people at the courthouse today were perplexed as to why he would give me a misdemeanor over a 3 week expired license.

Donā€™t talk crap unless you yourself never make mistakes.

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Itā€™s not an anti-foreigner law (despite the hype from certain websites I wonā€™t mention). Itā€™s an amendment to the Supplementary Education Act that applies to all buxiban (cram school) teachers, foreign or not.

Ok so a law was passed to try and protect children because of a local rapist. Understandble. But at least convict the guy, throw him in jail, THEN pass the law, right? As of now heā€™s ā€œinnocentā€ and this law has already been passed. I donā€™t get it.

The point of the law is supposed to be the protection of students. Whether the guy who inspired the law is innocent or guilty depends on whether or not he raped his student, not whether or not he had a criminal record at the time.

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To the first point, fair enough

Do you not see the issue with this? Why would the Taiwanese government rush to pass this law if they didnā€™t even know for sure if he raped his student? From the article I posted above:

ā€œBy claiming he had a relationship with Lin for two months starting in August 2009 ā€” by which time Lin was already 18 ā€” he could not be prosecuted for having sex with a minor, they said.ā€

So now this guy is walking around free. And this law is already in effect basically because there was not enough evidence to convict him. It makes zero sense. And what it looks like is the Taiwanese government panicked and didnā€™t know wtf to do after peopleā€™s initial reactions to the storyā€¦ ā€œyeah letā€™s just go pass this law so people will shut up,ā€ is what it looks like happend

Got nothing against keeping children safe by the way. But in the U.S. this would never slide. They would never presume a personā€™s guilt and then pass a law because of it. All while letting the guy walk free.