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Does anyone on here have their arrest record on Google? What have you done to try to remove it? I have a client who received his Pardon, however, his arrest story is still showing on Google under the Press Reader, which is part of the local newspaper. This article is quite detailed, listing his full name, circumstances and the criminal code charge(s). I called the newspaper and spoke to the legal department, who told me they will not removed it, regardless of a Pardon, as the event is actual event, and they are under no legal obligation to remove. Unfortunately, now days, social media is part of job screening, and this is going to effect his employment opportunities. This is also another reason to think about when dealing with USA Customs and advising your criminal history. I am interested to hear from anyone who may have this same situation. Thanks! Michelle
1. Why would he go to a land border to cross....when the border is closed?
2. Why can't YOU be certified to fingerprint? Why does your "guy" have to do it?
3. Taking ink prints and converting them to digital is ridiculous. Machine or not, you still have to be accredited to take prints, ink or not. So your "guy" is going to be accredited, but then use ink (much less reliable and accurate and clients don't like it) and then PAY someone else (yes its costs money) to digitize the prints? Either your don't understand the process, or were misinformed. You should ask more questions.
4. The fingerprint providers are all DYING to get more affiliates. The equipment is free and you only pay if you use it. Remind us WHY you are not suitable to be accredited again?
[ J Rogers appended this reply on September 3, 2020 @ 11:43 am ]
Also who is charging $449? Not me. Did you get this from somewhere? How can people trust your "attention to detail" when you don't quote things accurately? Have I got this whole thing wrong? When you say "September Letter" do you really mean "1 year waiver?" I ask because you are very inaccurate. And our prices are actually posted. $795 for a Pardon. $650 for a Waiver. $495 for a re-application. I hope this helps.
Something interesting happened yesterday that I want to share. We had a guy come to the Vancouver office that has a pardon and went to the land border to cross. Well CBP still found out about his conviction and he now needs a waiver. He is a shining example of when I said that a person can talk themselves into needing a waiver at the border. I would like to invite him to be a guest on our internet talk radio show to talk about his story.
Also, he wanted to make sure that we were valid since he apparently heard about the Ontario Discount Waiver Company scams. I have to admit that my message is apparently getting out there warning people about what these $449.08 waiver companies often do.
It makes me quite proud with myself that apparently our message is now reaching the mainstream media. In his case, he knows of some of the infamous BC people that we cleared, and his mind was instantly placed at ease. Also, for the most part I do not just have anyone working for me and this also is extremely helpful.
Also, note that there is a gentleman named trucker that essentially has point out that the forum has degraded from becoming an info sharing place and I am agreement with him. So, I will do my part as usual to spread good information and do not engage low value trolls. It really is better if people just speak to the waiver provider on the phone and you can get a feel of the individual and the services provided. You really should not just take some posts here at full face value since it is after all the internet.
I also want to add that we are also headed in the direction of doing fingerprinting for different reasons. I had previously said that we have a guy certified in 2014 to do prints now but he is relaxing at home for the moment. I will get my Vancouver guy certified instead and he can take prints for us.
You do not have to retain the actual digital equipment to do prints. They can be taken with pad and ink by a certified individual and then digitized by a fingerprint provider. We already have a fingerprint affiliate that we use but now we can take it to the next level.
Senior U.S. Immigration Law Intelligence Analyst
1 888 908-3841
Obviously, some Ontario Discount Waiver Companies do not understand the US Immigration Nationality Act. A Canadian Pardon is not recognized by CBP. A person can still need a waiver based on the "voluntary admittance" of committing a criminal offence that would make a person inadmissible. I understand that the Ontario Discount Waiver Companies may not have the required level of education or experience in this area.
An example is that a Canadian goes to the border and voluntarily admits to engaging in Robbery or defrauding CIBC for $5,000. A sworn statement is taken and the Canadian gives the particulars regarding how he /she committed the offence. This Canadian will be denied entry and will need a waiver for the voluntary admittance. The relevance here is that CBP may read the stories on Michelle's guy and decide to ask him further questions. He could talk himself into needing a waiver based on what he elaborates on.
CBP could threaten him with 18 USC 1001 regarding false statements and the guy will be screwed. This is a common technique that is used at the BC borders. Again, we have dealt with this constantly and know how to navigate around it.
It clearly says in the INA:
(2) Criminal and related grounds
(A) Conviction of certain crimes
(i) In general
Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who
admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to
commit such a crime, or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United
States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21),
This is exactly what I mean when I say a lot of the Ontario Discount Waiver Companies have a lack of experience/education and do not know what they are doing. They will do anything it takes for a person to have to need a US Entry Waiver. They do not seem to understand the meaning of the terms "who admits having committed" and "inadmissible."
Anyway, it is there in plain English and anyone can look up the statute themselves. There is a good chance that Michelle's guy can protect himself from needing a waiver if he is armed with the knowledge before he goes to the border. If he goes there and gets caught in a word game by CBP he will get screwed and will need a waiver. It will cost him thousands over a lifetime.
This is why I suggested a conference call and a screen sharing session. I can show him many things to include but not limited to the immigration statute and CBP manual regarding interrogations at the border. This is a service that we provide to our V.I.P clients, big fish cases, September Letter recepients and the ones with complex waiver cases. He will understand what to expect and will know how to protect himself. I will make less than 1 cent for helping the guy and do not need any payment whatsoever from this call. It is a courtesy since Michelle helped us with a lifetime clearance case.
It is a shame that the Ontario Discount Waiver Companies are so hard up over a dollar but I guess everyone needs to do whatever it takes to survive under Covid. I will personally endeavour to continue trying to help people save money. It seems to definitely be a needed service under Covid since the people calling us from here are usually shocked that we give so much info for free.
Senior U.S. Immigration Law Intelligence Analyst
1 888 908-3841
@nicknack that's great news. I hope the information will help others.
@Michelle it sounds like he has a conviction for impaired and other charges were dropped, so he should not need a waiver anyways, even if he is honest with Homeland Security. I don't think much else will be needed because he wasn't convicted, so he should be fine. I don't think he will need a waiver.
@Ken Scott what are you babbling on about? Your so "out of the loop" on Pardons you didn't even realize there is a section about measurable benefits? I write "measurable benefits" all the time for Pardons. Yes, pardons can be denied, just like waivers can, but generally that is bad behavior after the last conviction. Why are you even commenting on pardons, you don't DO Pardons, and whenever you comment on them, you quote the Parole Board as if you just discovered it existed. Stay with something you know.
As for your "friend" singh
I have a friend by the name of S. Singh in Surrey that has 3 charges for trafficking Cocaine and possession of prohibited weapons but was never convicted.
What is the big deal? They were NOT CONVICTED. So they don't need a waiver. Why is this "worth" mentioning? Who cares what they were charged with?
People please note that your pardon case may or may not get tricky and this is why you may need to hire a professional like Michelle. She has worked with these regulations and Canadian law enforcement databases in her prior law enforcement profession. Note that there is more than 1 Canadian law enforcement database.
The Criminal Records Act says in part:
4.1 (1) Subject to subsection (1.1), the Board may order that an applicant’s record in respect of an offence be suspended, without taking into account any offence referred to in Schedule 3, if the Board is satisfied that
(a) the applicant, during the applicable period referred to in subsection 4(1), has been of good conduct
and has not been convicted of an offence under an Act of Parliament; and
(b) in the case of an offence referred to in paragraph
4(1)(a), ordering the record suspension at that time would provide a measurable benefit to the applicant,
would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute .
Hence a finding of no good conduct may result in the denial of your pardon. A number of the Ontario Discount Waiver Companies are likely unaware of this regulation (or how to apply the principals) since logically you would think that they would decline a case if there is a high degree of probability of losing it. The counter argument is that they are fully aware of the good moral conduct requirement but choose to ignore it for unknown reasons.
Again, this results from lack of training or education to including university. This is also based on people engaging in child like behaviour like emailing and harassing lawyers for fun. So, either save your money and do it yourself or hire Michelle based on all the aforementioned reasons.
Btw here is the applicable pardon regulation where you can see the section on page 11 for good moral conduct:
Do not hire an Ontario Discount Waiver Company unless you have money to burn under COVID and do not mind losing it.
@michelle Your client is running a risk of being denied entry to the USA and possibly needing a waiver. Per "INA 212 (2) Criminal and related grounds
(A) Conviction of certain crimes
(i) In general
Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21),
The key here under the INA is that CBP may use the news articles to go on a fishing trip. So, he could technically talk himself into needing a waiver. However, we deal with this kind of problem often in Surrey and 99% of our people never fall for this trip.
There is a solution to this that would greatly benefit him and prevent him from needing a waiver. I say that we do a zoom conference call with him and use screen sharing software.
I am fine if you charge him a consultation fee and we do not need any payment whatsoever from you since you helped us with the lifetime clearance case. I can save him a large amount of money by not needing a waiver in the future, but I need to see and speak to him directly and have you in the same room. Maybe you can have him come to the office and we can do the video call that way.
It is unfortunate that I cannot post this process on the forum since I always have a certain Discount Waiver Company always looking for financial ways to keep lights on and pay their rent.
Senior U.S. Immigration Law Intelligence Analyst
1 888 908-3841
[ KSCOTT appended this reply on August 31, 2020 @ 12:01 pm ]
I have a friend by the name of S. Singh in Surrey that has 3 charges for trafficking Cocaine and possession of prohibited weapons but was never convicted. He and his brother both have similiar charges but do not need waivers since they were both innocent. CBP saw his charges and used to stop them often and tried to get them to elaborate on them. I will not go into detail but Mr. Singh is always subsequently released and allowed to enter the USA. The end result is that he and his brother will never need waivers.
Honestly this guy will have a tough time getting things removed. Over time they will rank lower (my case was published online as it was from the OSC) and the dick lawyer involved from the victim was an ambulance chaser. Long story short there's a pile of rehabilitation (including reconciling with the victim, we are working together on the restitution piece and we talk every month.... he's even willing to write letters for my waiver packet)
Best thing this guy can do is hire one of the reputation management companies who can build out articles and work to push stuff way down off the first however many pages so it gets buried. It's often a fight to get the names removed though.
Thanks all for input..nicknack..Interesting..and thanks for ur personal input..There is a company in Ontario that advertises they can remove social media..I will call them on Monday and get some info for my client..John and Ken..this case is tricky when he will travel as his Pardon will only show a DUI..the other serious charges were stayed..the Pardon will not show stayed charges as technically the Parole Board does not pardon these..but there is going to be info in CPIC that is going to trigger USA..and a google search is going to show..it is a messy case for sure..hopefully we can get his social media stuff removed..or at least more difficult to find..
Again people please note that you do not need a waiver for every single criminal conviction. People may want to especially take note of this since Octorber is approaching. Again, a lot of the Ontario Discount Waiver Companies will stop at nothing to keep you coming in and spending your money.
@michelle I had my arrest record published by the local news (print and online) and by some website which did nothing more than scour the internet looking for weapons related news articles from north america and copy/pasted the text on a webpage for all to see - full name, age, charges, etc, etc.
Once I was sentenced, the sentence itself was published on Canlii and Vlex.
I spent years emailing the moderators and legal departments pleading my case for them to remove the article. The website which published my news article, Canlii and Vlex did not delete the article, but they did however change my name in their websites to "the accused" or "defendant" so now you will not see my name there.
It was such a liberating day, when I finally searched my name online and got NO criminal articles - just my professional details and facebook.
I would suggest making a case of rehabilitation rather than threat of legal action if you want websites to help, I found that worked every time.
@KenScott. all my information is accurate, and UNLIKE most of what you claim in your "bio" it actually happened.
None of my post indicated that "People with convictions for possession of firearms or prohibited weapons do not require a waiver. Even people with possession of weapon convictions do not need a waiver."
I said "As many of you remember, I have told people that many of them can do a pardon, and never need a waiver under the correct circumstances. Michelle in this case, your client will ultimately NEED a waiver (if he wants to travel). People with weapons bans, even if they have expired, also now need waivers. Why? Because we seal the record, and the "ban" still shows. This tips off Homeland Security that the person had a record."
Ken, not only are you a complete and absolute liar, but you have NO attention to detail, a very low reading comprehension, and I doubt you have much of a formal education at all. I thought growing up in the UK would mean you would have a decent education, but perhaps you dropped out at a lower grade?
This post wasn't DIRECTED at you, it did not even INVOLVE you. We were commenting on the frustration of getting someones "name" cleared. It would be in my BEST financial interest to indicate "everyone" needs a waiver, but I have consistently said that some people with criminal records do not, and explained my position. No remember how you posted that badly worded and embarrassing "cease and desist" warning. I just called you a LIAR. Now what? I bet NOTHING. Because lets be honest. Your a liar.
There is a lot of false information in this thread and none of it is coming from Michelle. It is absolutely false that every conviction requires a waiver. People with convictions for possession of firearms or prohibited weapons do not require a waiver. Even people with possession of weapon convictions do not need a waiver. This is something that is a cash grab for Discount Waiver Companies. Hopefully people do not buy into what this individual is saying about weapon convictions.
Michelle your client may not necessarily need a waiver since it will depend on his actual conviction. A lot of the DWCs do not understand the difference between a charge and a conviction. I believe that we have elaborated on the difference between both on our website. An example is that we have had people charged with home invasions and weapon offences in Surrey BC but they were dropped down to a lesser offence. Hence the person either did not need a waiver or got a September Letter.
Now the media is also a problem with us since a number of our clients made the 6 & 11Pm news for their charges. The border does factor in these allegations when they look at waiver packets but the key is the disposition. There is a provision in the code where a person can essentially talk themselves into needing a waiver by voluntarily admitting to comitting the actuall offence even if there is no conviction.
An example is that we have a client that told CBP that the police did an illegal search on his car and found some narcotics. He was not convicted but he now needs a waiver based on his voluntary statement. Unfortunately, there is really no way to stop the media from publishing a true and valid story. I know of 2 individuals that have a business where they say they can essentially remove negative info from the internet.
Also a pardon will not necessarily seal a conviction from CBP since there are other methods that they can use to obtain the information. There was a story regarding this issue in the news about a year ago or so. I will try to find it and post it here. A weapons ban does not necessarily mean that a person needs a waiver.
I have had a client with a similar circumstance. Back when the Parole Board was a bit more arrogant (in 2012 when the Conservatives appointed Mark Hummel and a few others) they rejected a client of mine who had stolen money over a number of years form his employer.
When this occurred, the internet was not as well "known" and he was contact by a Nigerian Prince....etc. So he gave them over a million dollars.
Anyways, he was caught and convicted and his pardon was rejected as well, mainly because they claimed "the administration of justice would be brought into disrepute". Worse, a friend of the company owner, who was an employment lawyer, wrote an article about "beware who you hire" and used the persons REAL name and published it on the internet.
I fought the lawyer tooth and nail, to the point where he threatened to sue me, because I published the lawyers name and hammered his lack of professionalism. The client did not have the money to pursue him in court, and other lawyers would not go after one of their own, so he was/is stuck with it. Its easy for me to TELL him he should sue, but he didn't truly have the finances to pursue it.
The lawyer, like most cowardly douchebags, never actually "did" anything to me, although when I am in a bad mood, Ill email him and tell him what a piece of shit he is. I would have happily defended myself in court, and I would have embarrassed him. When you tell someone they are a piece of shit, and its true, there is very little they can actually DO. I am sure there are good lawyers, but the majority of the ones I have come across are terrible lawyers/people.
The problem with "news" is unfortunately, they are reporting on true events. The internet age was developed long after pardons were, and until we have "political will" that helps people truly erase their past, the pardon can only do so much.
As many of you remember, I have told people that many of them can do a pardon, and never need a waiver under the correct circumstances. Michelle in this case, your client will ultimately NEED a waiver (if he wants to travel). People with weapons bans, even if they have expired, also now need waivers. Why? Because we seal the record, and the "ban" still shows. This tips off Homeland Security that the person had a record.
The amount of people that can avoid a waiver is shrinking, due to technology and other "restrictions" placed on CPIC.
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