Question of the Day: Assault, Obstruction, Travel to the United States
Question of the Day Topic: Assault, Obstruction, and Travel to the United States Dear Debbie: I have two criminal convictions in my criminal record status. Assaulted a police officer and second charge of obstruction (I did not cooperate with police). I am looking for a company who is honest and is knowledgeable to take my sensitive file for submission. Please answer my concern accordingly. My only worry is my entry to the United States. I have never entered US with my criminal record. I need to travel for business. Please advise me if I apply for the pardon removal, would[...]
Criminal Record? You may be inadmissible to the United States.
How to determine if you are inadmissible to the U.S. Inadmissible to the United States? As a general rule, you are inadmissible to the United States if you have the following: two or more summary offences one or more indictable offences anything drug related If you are inadmissible (ie. not allowed entry due to your criminal record), you must apply for a Waiver of Inadmissibility for legal entry to the United States. Non-Excludable Offences which are ignored when determining whether you are inadmissible When determining inadmissibility and applying the above rules regarding inadmissibility, you can ignore the following[...]
What is a conditional discharge?
A conditional discharge is defined in this excerpt from the Criminal Code of Canada: 730. (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions[...]
Can I travel to the United States with a Conditional Discharge?
A Conditional Discharge is like a Conviction in the United States Even though a discharge is not a conviction, it is still evidence of guilt, and may still render a person inadmissible to the United States. There are two types of discharges: absolute discharge conditional discharge Regardless of the type, the Criminal Code of Canada confirms that there has been a finding or admission of guilt. The United States treats a discharge the same as a conviction or any admission of guilt (ie. you admit to having committed offence even if not convicted). Criminal Code of Canada Sec 730 Conditional[...]
Automatic Purging of a Conditional Discharge
A Conditional Discharge is not a conviction. You cannot apply to have it sealed or suspended with a Canadian Pardon or Record Suspension. The good news is that a discharge automatically gets purged after a period of time. You do not have to spend hundreds of dollars to have it sealed or suspended. I have had people call me immediately after receiving a discharge to apply to have it erased so that it does not affect employment. The bad news is, a discharge will appear on your criminal record for a period of time before it gets purged. Though it[...]
Is an Absolute Discharge Pardonable?
I received a great email question regarding an absolute discharge. I thought I'd share it with you. I modified the question so that it it does not identify the person the inquiry was made for. Here is the question: A client of ours has inquired about applying for a Nexus Card. She was charged with possession of a small quantity of marijuana and was given an absolute discharge in provincial court in the 1970s. She obtained a pardon for this matter from the federal government in the early 1980s. Question: Will the U.S. be able to access this information in[...]
