can I use my canadian pardon as record of criminal charges?

Madeitbcposted 2 years ago

Hey: I have been getting pardons for 20 years (5 years each time). I received a canadian pardon in 1994. Each time when I have applied to get my waiver, I have used an updated copy of my pardon record (from the parole board of canada) to show them what my criminal charges where.

Is this still sufficient?

Or do I have to do the following

"CERTIFIED COPY OF YOUR NATIONAL CRIMINAL HISTORY FROM OTTAWA. To do this you will file Form C216C and then you will get back forms P-PE-811 with attached criminal convictions on Form C-480-11. If you received a PARDON. you need to File a Privacy Act Request you do this by checking the box Privacy Act on the fingerprint Form C216C. You will have to Complete and sign a Privacy Act, INFO SOURCE, and personal information request TB350-58. Clearly state on this form that you require: Copy of RCMP Criminal Record Data holding including active Criminal History, Pardon record and Archived records

Thanks beforehand for any advice that comes my way

Replies (recent first):

@Waiver 1 ..I agree with John, if you decide to submit a travel waiver. Did you phone and speak to a Custom officer only? If so, honestly, I am not sure I would worry about it. You could try traveling. Go on a trip to the USA...drive across, fly whatever..and see what happens. I really do not think you will be stopped, because CPIC is showing clear, not even your FPS # will show, unlike a Pardon, where the FPS # shows, and flags the person querying the name in CPIC. Now, keep in mind if you are stopped and asked the question have you ever being charged for a criminal offense you should answer yes, but for youth convictions. If you are denied in the future, then worry about doing a waiver. I give this advise only, as Customs is soooo extremely fussy here in Saskatchewan, and they most likely would not even accept your travel waiver application simply because CPIC is clear and you have not been previously denied. I also cannot guarantee that you will get through, just offering an other option to think about...Good luck, and keep us posted..your case is not common, as John stated.

Michelle replied 1 year ago   #13

ok, well you are a good candidate for a September letter under normal circumstances, except for Donald Trump. They way they are treating trafficking you will have to expand on your personal letter. Your case isn't normal because most "juvenile records " would make you admissible. The unpredictable part is the trafficking.

If the rehabilitation is proven and personal letter is well done:

1.) They might send you a September letter and say you are not inadmissible
2.) They might send you a Waiver
3.) They could reject your waiver altogether.

2 months ago I would have said #1 for sure. Now I don't know, and its not common to file a waiver for someone like you because people in your circumstance are rarely caught.

John Rogers replied 1 year ago   #12

Hello John,

At 16 years old I was charged with drug trafficking but they let me off with simple possession. About 2 months later (still 16) I was caught again and charged with drug trafficking. Both involved marijuana. They were sealed under the youth jutice act after 5 years since it was indictable (starting when my 1 year probation finished) so 6 years. They were just sealed last month.

I know it’s hard to get waiver for ppt but I’m hoping that my age and and how close the convictions are together will help. (No chance of true rehabilitation). After rehabilitation program (imposed by judge) I truly turned my life around and have tons of proof of it.

Waiver1 replied 1 year ago   #11

Why is your record not showing? Was it because they were sealed as per the young offenders act? Or did you have a discharge?

John Rogers replied 1 year ago   #10

Hello,

I have a similar situation. I have some convictions from my youth. They have been sealed as of this summer and as a result the finger print record check comes back with nothing on it. (No criminal record).

I know someone will probably say I don’t need a waiver but I know I do. My previous youth probation officer told me to call the boarder and see if I was allowed to cross. Answer was inadmissible, should have never listened to him but to late for that. Who knows, maybe the boarder worker is wrong and maybe when I apply I’ll get a September letter.

Question:

I went to the court house and got my court records (certificate of convictions) for my three convictions. Is this sufficient or should I do the privacy act since my record is not showing anything on it?

Thank you

Waiver1 replied 1 year ago   #9

There are two streams or lineups at the Parole Board.

One takes 2-3 months. You have to meet certain conditions for this one and less people qualify.

The other takes 10-13 months realistically although the letter says 6-24 months. I tell people count on it taking a year.

JOHN ROGERS replied 1 year ago   #8

do you know how long to get a pardon? their website says up to 12 months is their service expectation for indictable. I was under the impression it could take longer than this, but their website seems clear that 12 months should be longest you have to wait. I think the person from the parole board when they called me asking for payment on receipt of my application said it could be longer but not what their website says. Also, I was already in under a clemency was hoping that would help expedite things. need one for work, etc. thanks in advance for any insight that's all for the comments here on the board.

me replied 1 year ago   #7

Michelle I think the way you do it is the most thorough. I give clients the option and most tend to not want to spend the $$ on the extra set of prints. I have had the odd case where people have waited for the free copy to come, and then got impatient and did the prints anyways.

I may alter my price in the future to make this included, the only problem is that the INFO source prints have to be mailed to the client, not me.

I have never had a client who was asked for the second set of prints as long as their pardon documents were included...yet. It is a good document to have, the only downside is it shows the CHARGES as well as the convictions, unlike a Pardon. I think this is where I decided to not include it, because I would sometimes get letters asking about serious CHARGES that were dropped, withdrawn etc on occasion.

JOHN ROGERS replied 1 year ago   #6

I always have my clients do 2 set of prints, 1 for a travel waiver and 1 for Privacy prints related to a Pardon. I also request a certified copy of the Pardon from the Parole Board. This is included in all my client's applications, therefore, there are no problems or requests later for more information.

Michelle replied 1 year ago   #5

When you have a pardon you can do one of two things:

1.) Your pardon is acceptable to prove what the record was
2.) do a second set of prints under the privacy act (should be about 60 dollars)

You can also obtain a free copy of your pardon from the Parole Board. But you don't have to keep getting a "new copy" just a photocopy of the last two pages is all thats needed. In 1 out of 15 cases they may write back and ask for the prints anyways.

You need to do the entire application, RCMP prints (blank) and at least a photocopy of the record or pardon EVERY time you apply.

They do not recognize the pardon but they do understand its the copy of the record.

Same with court documents. Don't keep getting new ones, just a photocopy is fine. Keep the originals. The court will not always be able to issue originals. Court documents are retained for 15 years for summary offences and 40 years for indictable.

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EDWARDCROSS replied 1 year ago   #3

hello i have some problem

badar replied 2 years ago   #2

Typically, you need to get fingerprinted for the specific purpose of a US Travel waiver. So, the record you obtained relating to your Canadian pardon probably won't work. Also, keep in mind the record check/fingerprinting is only valid for 15 months, so be sure when you submit your application for the travel waiver, ensure your record is up to date/valid.

Hopefully that answers your question! I may have not understood it correctly...

Tim replied 2 years ago   #1

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