Confused and need help

NSpring posted 3 years ago

Hey Everyone,
Thanks in advance for the help. I appreciate it.

12 years ago I was charged with possession of pot under 30 grams and was given probation (conditional discharge) but unfortunately, I breached probation due to my car breaking down and not making it on time. i recently got my fingerprints done and the only thing that shows up on there is the Failure to Comply with Probation and that I was fined $300.

I have traveled to the USA many times. In 2018 i was stopped at the border as we were all going to do a job in the USA but the paperwork we were given by our boss was incorrect, they turned us around (they also asked me about my record at that time)

After that, I was able to travel to the USA with no issues. In 2022 October we were headed to Orlando and we got pulled for Secondary Screening. The CBP offer asked me about my arrest, denied entry for work and asked if someone ever told me I needed a waiver (I responded no, as in truth I had no idea what that even was!). After speaking with his supervisor I was allowed to go and he wished me a good trip.

So now i'm a little confused about what I need to do. Do I need a waiver seeing as how the only thing showing up on the RCMP base is my Failure to Comply with Probation?

Thanks everyone!

SouthernBBQ 3 years ago

I don't have your answer, but you may wish to look into getting a pardon. It won't help the US side but can help here.

J Rogers (trusted member) Trusted 3 years ago

@NSpring

Get a Pardon. It might help with the US, side, simply because it will no longer appear. If they ask though, be honest and show them the pardon, since they already KNOW you have a record.

Be careful though. Technically, the possession of marijuana DOES make you inadmissible. A Conditional Discharge DOES mean you were found guilty (plead guilty more accurately) Obviously the officers up to this point just feel it is not worth their time to stop you.

My advice, get a pardon, hope they start ignoring you at the border. Unfortunately. if we were to do a waiver, I don't think they would give you a September Letter because drugs are involved.

I have also been wrong before, this is just my best guess.

NSpring 3 years ago

Thanks for your replies. I am working on getting the pardon so I will do that. I also have a trip planned in July for a cruise leaving out of Vancouver to Alaska. Unfortunately I can't get my money back so I will bring my records and be prepared incase of questioning.

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