Complexity of Case

@J Haywood

I would like to understand the unique circumstances of how she got refused entry. A conditional discharge should automatically expire, 3 years after the day of sentencing. The situation may be different if it was before July 24th 1992. The informartion should be removed otherwise and I'm curious as to why it still shows.

Mischief doesn't seem to be an issue for CBP agents. At least, it wasn't before. But again, there was plenty of time to get a pardon easily.

Now, I would like to understand if ghosts entries still exist once these records are removed. Nobody seems to have a clue and the experts don't necessarily agree. This is not such a complicated case after all. People get refused entry for this kind of stuff all the time.

We are highlighting another example here of people still being punished years after the events occurred and how records don't get expunged properly. I know of many who received discharges but won't travel south of the border because they don't know what predicament they face. I am just curious about what these CBP agents have access to. Lawyers like to negotiate these to avoid criminal records for their clients, but the US doesn't seem to care. Others have entered the country with them and never faced a problem.

A finding of guilt is registered with discharges which equates into a criminal conviction for US purposes. For Canada, they are a tactic used by several lawyers to win cases. Often, the probation period is just a smokescreen, with requirements such as keeping the peace, so the prosecutor gets his way. We live in a society of labels and for such a light record, I don't see why CBP agents would be so hard on her.

Again, the current US administration may have given a directive to bar anyone that has some sort of arrest or police involvement on the RCMP database.

A 5 year waiver should easily be granted for such light charges considering the time that passed. All she has to do is start the application through E-Safe. She needs copies of her fingerprints, copies of the court records, pay the 595$ US fee, the RCMP record check, a letter showing remorse and a few references indicating she's employed, etc. Its faster if done online. Obviously, it requires a lot of effort and ressources to assemble all the paperwork. It's silly but there's simply no other way. Just curious to know if she travelled before? The records may have been obtained previously by CBP.

Things are getting tougher.

@ J Rogers

Is it possible that a ghost entry remains after such records are removed?

Is it possible that they tell you the record is removed but in reality it's not, after the fingerprint check is done?

You hear lots of stories about both countries sharing lots of information about each and every one of us. Hard to believe anything anymore.

Others claim that the records never get removed and "sealed" comes up each time after a pardon id granted or a discharge is purged.

I just wish all countries would just re-inforce visas for every entry and those with past convictions can pay an extra fee, after a certain period has elapsed. Would avoid many hassles for every one. I mean countries are moving towards electronic visas anyways. The thing with waivers is that re-applying every 5 years is not really cost effective for either parties nvolved.

@ John R

Thank you for clarifying.

@ Michelle

I was a little confused by your post as I'm not to sure if you mixed me up with OP. We are not the same.

Allow me to explain my unique situation. Long time lurker, first time poster. I also received a conditional discharge, a few years back, for mischief under and an additional charge that was plead down to be finally withdrawn. Charges were tried summarily. I never had any negative police interraction prior, spare the odd traffic ticket here and there. But in one night my world turned upside down. I had come across a despicable individual who sought to shatter my carreer. I don't really want to dwell on these seemingless things, but I felt I was framed and had very little recourse.

Luckily enough, I wasn't thrown in a prison cell and let go the same night on a simple notice to appear. I hired a lawyer and paid a hefty fine so I can finally accept some guilty plea with some boggus probationary requirements. The same individual wouldn't stop there and continued on their quest to undermine my reputation further. They are now behind bars for their shameful conduct.

Needless to say with my future shattered, I fell into depression. I was offered a great opportunity to travel South. But, Covid was a blessing. Although, I managed to enter succesfully once without questionning, I now fear they may have access to my information. It was all so sudden and the 3 years were not up for record purging. I have read extensively on the topic and how people can easily fall prey unwillingly to an archaic system.

I guess, I should start the process through E-Safe and hope for a September Letter, judging that my case was relatively minor. I have not asked for an official RCMP transcript and during the hiring process, the record may have been overlooked. Obviouly, I wish not to reveal anything to my employer.

I will continue reading the forum, so I can find others with similar stories. Most on here, have extensive records but in my case, I feel I shouldn't be subjegated to restrictive laws. As long as Covid ensues, I can boycott the place altogether, but for how long?