Passports

[daty]

sixteen years ago i had a "communicating" charge laid ....used duty counsel and lost ....paid the fine (no john school back then) and now i find out that it was a criminal charge and conviction... always said no to record question at border in my ignorant bliss

what do i need for a pardon? or can i ever get rid of the record altogether?

what about passports ....can i get one? will it reflect my "rap sheet"?

damn this country that we willingly condone worldwide war in the name of religion but codem our use of our God given gift of sexuality...something is screwed up there somewhere!!!!!!

 

[Moderator]

http://www.npb-cnlc.gc.ca/infocntr/factsh/pardon.htm

 

[fuji]

The issue isn't getting a passport. You can get one. The issue is whether or not Canadian police have shared their records with US border people. The US border people can decide to exclude you based on your criminal record (and your lying to immigrations) no matter whether you have a pardon, a passport, or whatever.

There's a govt. org. called "pardons canada" or some such that handles pardons. After 16 years for a minor charge it should be straight forward. Once you have the pardon you will also want to contact the police force that arrested you, and the RCMP, and ask to have your police record expunged.

Since you haven't been blocked at the border in the past presumably US immigration doesn't know about your charge. I'd suggest not crossing until you have the pardon. Once you have the pardon, you should be able to answer "no" to the criminal record question and feel that you are being honest.

If you cross again between now and then you will have to lie to them, and if they catch you in the lie, well.... just the fact of lying is grounds for permanent exclusion from the US.

 

[thompo69]

One of the problems that can arise with the US is that they are more than happy to accept our criminal convictions, but not our pardons. So, just because it gets wiped from our records, they don't remove it from theirs.

The first thing to do would be to contact the local police force just to make sure there is in fact a record (perhaps a conditional or absolute discharge applied), and also ask if it would have been reported to the US. 16 years ago records weren't what they are now, so not everything may have been shared. As the system has advanced, they may have only updated more serious offenses in the database.

If there is indeed a record, and it was reported, things can get messy. As pointed out in a previous post, just because you've gotten through without problems in the past doesn't mean it will continue, and getting caught lying could result in a permanent ban. You should contact the Department of Homeland security before travelling, and they can advise if your conviction makes you inelligble for entry. Even if it does, you can still apply for a waiver of inelligibility. Here's more info from the US gov:

http://www.amcits.com/criminal_ineligibility_visa.asp

 

[emvee]

used duty counsel and lost ....paid the fine (no john school back then) and now i find out that it was a criminal charge and conviction

There's a good lesson here for everyone. Fight the charge with the best legal representation you can reasonably afford.

I had a charge against me years ago. I paid a substantial amount but got excellent represenation and did not get a conviction thus no record.

A firend a mine had a similar charge, didn't bother to get any legal help, and ended up in a similar situation as you. He ended up getting a pardon because he was a US citizen and wanted to get a US passport and didn't want this to appear on the screening.

It worked for him, so there's a good chance it will also work for you. Good Luck!

 

[Papi Chulo]

I recently crossed the border.

They did not ask if I had been convicted of a crime, or if I had a criminal record.
I do not have a criminal record.

They did ask a question that I was not expecting.

"Have you ever been arrested?"

To which the answer was yes.. I was asked to pull over and go into the office for interrogation. Was asked a few questions. The guy was nice enough, thanked me for my honesty & said I have nothing on my file / record to worry about.