Some alcohol or drug-related violations may not be considered excludable criminal convictions for the purposes of Canadian immigration, but sentencing can vary from state to state as can an offense's Canadian equivalence. Have not been convicted of more than one crime Ten years have passed since you COMPLETED your sentence. She was not charged with anything. It is a decision based on someone's perception of you. We do not go to trial until January 2010. convicted of a crime in Canada can affect someone’s status as a permanent resident. This means that in most cases, for something such as a job application that requires a normal background check, there is still a chance that someone who looks in a background check may find evidence of criminal charges being laid. In cases where an absolute or conditional discharge was granted, the charge may be purged after a period of one (1) or three (3) years, respectively. Even if you are not convicted of the offence for which you were charged, the police are under no legal obligation to destroy your fingerprints and photographs. We undertakes all necessary steps and procedures for removing your criminal record, including: Pardons/Record Suspensions, Purges, Photograph & Fingerprint Destruction, and U.S. • Charge is sufficient to start proceedings against a person in a court of law. I have been charged with posession of a weapon but trial is not until December 09. Anyone that makes an inquiry for a background check on criminal records will have full, legal access to that record. For example in June 2012, a woman was stopped by the US Customs & Border Patrol (CBP) on her way across the American border in order to catch a flight at an American airport. However, the CBP had the authority to revoke her entry across the border on the grounds that she needed a doctor to vouch for her before they admitted entry. But what if you were charged with a criminal offense but not convicted? A Canadian immigration officer will decide if you can enter Canada when you apply for a visa, an Electronic Travel Authorization (eTA), or when you arrive at a port of entry. This process requires us to petition local police agencies and the RCMP headquarters in Ottawa in order to destroy outstanding charges on your criminal record. I I was charged with shoplifting about 8 years ago, but the charge was withdrawn upon my completion of diversion program and thus not convicted. A check for a criminal record will have a complete entry of events, even if the end result was not a conviction. If you have been charged but not convicted of a criminal offence, you may still have a criminal record. This is true whether it is withdrawal of charges, a dismissal or a plea of not guilty being agreed upon by a jury. Moreover, those same records carry over to American border security access, so traveling can also be difficult depending on the nature of the content of the criminal record. Am I not innocent until proven guilty and convicted? Additionally, this process will destroy any personal information regarding your charge stored at the local police level, such as photographs or fingerprints. Most people think that they only have to worry about a problem with their record if they are charged, tried and convicted of a criminal act. There have been plenty of instances where people have been tried but ultimately found not guilty of a criminal charge. Home » Do I Have a Record If I’ve Been Charged but Not Convicted? Toronto, Ontario M4V 1K9, Hours of Operation: If you have been charged but not convicted of a criminal offence, you may still have a criminal record. To enter Canada temporarily How can I get that taken care of if I'm trying to get into the military? The tribunal dismissed his complaint in 2009, ruling that the Human Rights Code protects Ontarians with “record of offences” from discrimination if they were convicted of … When To Apply for a Record Suspension However, regardless of how many non-convictions an individual has, as soon as there is at least one official criminal conviction, only a Pardon (record suspension) will seal this record from public visibility forever. If that’s the case, there are options for you to enter Canada temporarily, or to become admissible again. US Customs Officials do not need to see a conviction to bar a Canadian access to their country. However, this information will be on your criminal record and the Canadian Border Services Agency will have access to this information when you try to cross the border. This means there are two sides to a case: you and your lawyer on one side against the state, represented by the police and Crown prosecutors, on the other. Some police departments will automatically purge these records, although some may not. Three verbs that mean similar things: charge, convict, and sentence.They appear in the news constantly, but do you know what each term actually describes? 45 St. Clair Ave. West, Suite 901 To determine whether or not there are still records of non-convictions at the federal level, it is generally advisable to conduct a criminal record check of the CPIC database on yourself at your local police detachment. Consequently, the burden rests on you to seek the destruction of these records. Always remember that the complete proceedings for any criminal case are always documented, and the results may still appear in a normal background check. You did not use violence or attempt to use violence; And the victim involved was less than five years old; Under Section 4(4) of the CRA, you would have to prove all three facts listed in the exceptions above. In these cases, legal organizations such as the RCMP, police, and Customs & Border Patrol between the USA and Canada have access to more complete documents, such as actual police reports, even when no charges are filed. I want to vacation in the usa but need to know if I will have trouble with US customs at the airport. However, if you have already been stopped by the Americans at the border and refused entry then you will need a US Entry Waiver to return to the US. If you’ve been convicted of a criminal offense, or if you fear that your name might still be out there even though you weren’t convicted, contact us today. committed outside Canada that’s equivalent to an indictable offence in Canada you’re under a removal order (Canadian officials asked you to leave Canada) you’re being investigated for, are charged with, on trial for, involved in an appeal for or have been convicted of If the border agent is concerned about something on your criminal record, even if it is not a conviction, you may have a pro… etc,.. What is the difference between Charged and Convicted? A history of arrest often has a negative impact on that perception, but you should not be … As such, any prior arrest, charge, or 911 call record means that you are at risk to be denied entry. I have not been convicted and have no priors. Although a person may never have been convicted or found guilty of an offence, they may still have a criminal record in Canada. I have hired an attoney to work in my defense. Under Canada’s immigration law, if you have committed or been convicted of a crime, you may not be allowed into Canada. We can help you apply for a record suspension or file destruction and advise you on which steps to take next. When you are charged, the DA reports the charge to your state attourney general,..& then the DA is supposed to let the state know, the outcome of the case, but sometime they fail to do so, when the case is dropped,..Also, it could depend, on whether the form asked if you you have ever been arrested, or whether you have ever been convicted,..etc. If I Got charged but not convicted canada but not convicted of driving while impaired, you may still a. Makes an inquiry for a background check charged but not convicted canada criminal records will have full, access. 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