Arrested. Can he still move to HK?

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  1. #11

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    thanks for all the help people. there's no criminal conviction, just an arrest record with a fine.

    hope the background check is not a problem, i know how thorough it can be with some banks. or else, my friend my assault again!

    yea yea i know bad joke


  2. #12

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    Well if the bank discovers it, they may decide not to employ him for that reason but it won't be because of visa reasons.


  3. #13

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    Not a problem in HK, but it can be a problem in the US and Canada when applying for certain jobs.


  4. #14

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    Hang on a minute - why did he pay a fine if he wasn't guilty of anything? That sounds like a conviction to me. A conviction doesn't require going to court - for minor misdemeanors it can simply involve an admission of guilt (such as associated with paying a fine).


  5. #15

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    Quote Originally Posted by PDLM:
    Hang on a minute - why did he pay a fine if he wasn't guilty of anything? That sounds like a conviction to me. A conviction doesn't require going to court - for minor misdemeanors it can simply involve an admission of guilt (such as associated with paying a fine).
    Is there a language difference here? In the UK arrest means held for questioning but no assumption of guilt, so no record. Does arrest mean something else in the US?

    Either way it won't be a problem for the visa.

  6. #16

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    I'm no lawyer, but in the United States arrests do appear on your criminal record. So if the bank decides to do a background check they will find this out. But HK immigration will not check this, and I don't think they will even ask you.


  7. #17

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    Quote Originally Posted by hullexile:
    Is there a language difference here? In the UK arrest means held for questioning but no assumption of guilt, so no record. Does arrest mean something else in the US?
    My point was that he apparently paid a fine. To me that implies an admission of guilt of an offence.

  8. #18

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    Quote Originally Posted by PDLM:
    My point was that he apparently paid a fine. To me that implies an admission of guilt of an offence.
    ok, this is my friend... not me.. so i will relay the details as best as i can.

    his ex-girlfriend filed assault charges against him and he was arrested and held overnight. a court date was then arranged and his girlfriend dropped all charges during the court date. but the prosecutor still wanted to go after him so my friend arranged to pay a fine and was let go.

    my friend says that legally speaking, he has an arrest record, not a criminal record. i'm not sure what the payment of a fine implies..

    any US lawyers or banking HR folks here who can help??

  9. #19

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    LOL, OK, "your friend".

    Anyways I just did a quick google search (come on people learn to use google) and luckily for you New York is a liberal state and arrests do not appear on your criminal record.
    Criminal History Record Search - Unified Court System

    Says "convictions and open/pending cases", no mention of arrests/fines.

    Here, why don't you search yourself for US$55
    http://www.courts.state.ny.us/apps/c...mnew102007.pdf


  10. #20

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    Quote Originally Posted by PDLM:
    Hang on a minute - why did he pay a fine if he wasn't guilty of anything? That sounds like a conviction to me. A conviction doesn't require going to court - for minor misdemeanors it can simply involve an admission of guilt (such as associated with paying a fine).
    This was also my first reaction when I read the OP's post. It sounds to me that the friend may have paid a fine for a civil offence (rather than a criminal offence) in the same way a speeding fine of parking fine is paid. There is therefore no criminal record so nothing to worry about.

    It really will not affect his HK visa status.

    I actually got arrested in HK last year and spent three hours in a Police station being questioned under caution and was denied access to a solicitor but all the ridiculous charges were dropped and I got a letter from HK Police confirming that. I had no problems with HK Immigration.