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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 111658
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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If an American visits a foreign country, as a tourist, but

Customer Question

If an American visits a foreign country, as a tourist, but got involved and
end-up breaking the law in that visited country on a Spring Break Vacation.
However, the crime is considered a felony in that country.
It is relatively low level crime (NOT rape, murder, drug trafficking,
narcotics, running guns, or the like).
But back in USA, such act is not considered a felony.
Did not have to spend jail time, paid fines, and ordered deported
back to USA.When that American is now back in USA, and now
wants to find a job:
1) Would the felony crime record committed in the foreign country
show-up in BACKGROUND CHECK for employment
purposes here in USA ?
2) What database(s) are usually being consulted/referred to
when BACKGROUND CHECK is conducted typically
by employers here in USA ?
3) Would they run checks on INTERPOL database?
4) Would they run background checks on the foreign
country crime database ?
5) Would that criminal conviction in the foreign country
affect his/her ability to get VISA to visit a different
foreign country in the future?
Not just for travel / leisure, but potentially for working
overseas, for example.
6) If the American got a job offer in Vietnam. Would the
Vietnamese-based company be running background check
in Vietnam database only?
Or would the Vietnam-based company be running
background check on a world-wide basis simultaneously
(Vietnam, USA, INTERPOL, and other countries) ?
Submitted: 7 months ago.
Category: Personal Injury Law
Customer: replied 7 months ago.
After the visited country slapped a felony charge
unto the American, will they report this felony crime
conviction to the American Embassy?If yes, when it does get passed to the American
Embassy -- so will it show-up in American
Criminal Record ?So when the person tries to apply for a job
here in USA, and runs a background check
for employment -- will the felony crime conviction
committed overseas show-up in the
background check report in USA ?
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Foreign criminal records of that nature do not show up on your US criminal record. Even if it may have been reported to Interpol, it is not going to show up on your US criminal record background check or even on your FBI record. The reason for this is as you said, many foreign offenses have harsh penalties but in the US they would be nothing more than a misdemeanor or even just a violation. So those charges would not show up on a US background check. The background company would have to check in each particular country for records, which they do not do and Interpol lists only serious felony charges.
The charge would only be visible to the country where the offense occurred and they are not released into any international database unless it is a serious offense (murder, rape, terrorism, drugs or arms trading and such). So this in most all cases will not stop you from getting a visa. Also, the Vietnamese company would check your criminal record in your country of residence, not all over the world and if you do not live in Vietnam, it makes no sense for them to run your background in Vietnam.