Visa background check

Or is it possible for me to extend my 3 month work visa for three more months so I can apply for a background check from Vietnam after 6 months of living here?

As you were not deported following your 'misdemeanour' (as in behaviour) your case was handled 'administratively'.

There are two types of 'criminal' records here in VN: one is 'administrative' where the penalty is determined by the Cong An / CGST / Whatever (they are the equivalent of 'misdemeanour', 'non-indictable', 'summary', etc. in 'Western' countries) and then there are penalties handed down by Courts.

Then there are the more serious matters where a matter is referred to a Court. These are 'felonies', 'indictable', etc. where a charge is preceded by a preliminary hearing and where the evidence can be heard by judge or jury. In the States they have 'grand jury' which determines if there is a case to be answered. Value of any damage also determines the type of case.

Court type cases (serious) are processed by the Ministry of Justice of each province and the records of conviction are treated as they would in 'Western' countries as 'police' or 'criminal' records. The fact a person was convicted travels with them in your file held wherever you live.

The 'minor' offences are handled by the authority that processed the offence.

ASSUME the administrative offence was committed on 2010 December 20 and the penalty pronounced that day. This 'conviction' record will be held for one year in the local district office files and will be destroyed AFTER the first of new year following the expiry of the one year period. In this example, the first 'new year', would have been 2011 (not destroyed under 12 month rule) but after the next 'new year' it would have been destroyed / expunged / etc.

Had the administrative offence been committed on 2011 January 03, the 12-month rule would mean on 2012 January 01 it would NOT have been destroyed but on 2013 January 01 it would have.

Doesn't sound too important BUT if another offence had been committed whilst the previous file existed, the penalty on the second offence would have been higher. Even deportation / exclusion. Be 'nice' to your local Cong An!

You have to get clearances from your Cong An and the Ministry of Justice - a real pain!

Summary penalties can be appealed to a judge and you would have to get a lawyer.

So try your luck!

I'm sorry, I should have specified. My criminal background check will be done in the USA. The misdemeanor was later solved by probation before judgement which is basically equivalent to the charges being dropped. And the crime was not violent.

I am wondering if they'll deny my permit application based upon that being on my record because many companies require a "clean" report

I called the local police and they said it would show up. It was for selling tobacco to a minor. I didn't ask for ID

melinda13 wrote:

I called the local police and they said it would show up. It was for selling tobacco to a minor. I didn't ask for ID

A major crime, in the USA, you should be grateful that you weren't shot. (another one on 2014 Dec 30)

The trouble with US police records that everything, including arrest and release, goes in to the computer.

In Canada a criminal record only includes convictions - and you can ask for a 'clean sheet' after 5 years. In the USA, never!

How long have you been in VN? If for sometime they waive the overseas stuff and use local info only.

melinda13 wrote:

I called the local police and they said it would show up. It was for selling tobacco to a minor. I didn't ask for ID

I was wondering, if you have relatives/friends in a State other than where you allegedly sold tobacco, if applying for a Record from there might omit this matter.