@Everydaynormalguy1

Mischief DOES make you inadmissible in my experience, but the circumstances might lead to a September Letter.

The United States incarcerates more people than any other country in the world, including China which is basically a military dictatorship.

Republicans use "crime" to scare people into voting for them. Conservatives try the same here in Canada. Its based on racism. "Crime" to a white person means "black guy". Or "Mexican". (for Americans) Why do you think there is 7 guns for every resident? FEAR.

The countries you mentioned battle crime through punishment/rehabilitation. Scandinavian countries PROVED that rehabilitation and compassion are the way to drive crime rates down, especially with repeat offenders.

The biggest factor is crime is POVERTY. The United States could easily reduce crime in half by simply fighting poverty. But why do that when you can order a brand new shiny Aircraft Carrier to go with the 7 others that already are way too many?

Republicans and the right wing NEED crime. It gets them elected. White people vote most strongly on fear than compassion.

But what do I know? I only talk to people with criminal records EVERY DAY.

@Everydaynormalguy1 feeling a sense of entitlement 😾😾

@J Rogers

Still waiting for a reply.

J Rogers,

Canada offers criminal rehabilitation after a certain time has passed. Commonwealth countries like Australia and the UK have the notion of spent convictions. Why does the US continue to punish people for petty crimes?

So does mischief theoretically make me inadmissible?

@Everydaynormalguy

Interesting take. Canada ALSO stops Americans with criminal records, they do TRP's or Rehabilitations instead of waivers.

The RCMP doesn't "automatically" remove the record because of cost. If the person doesn't make the effort to remove it, why would taxpayers pay the RCMP to comb through records and remove them? (this is the argument)

@J Rogers

For a guy who prides himself in having strong expertise in waivers, I think you stumbled on a grey area.

When I was younger, I happened to live in multi-storey buildings with shady tenants. Arguments between them often degenerated and lead to bogus charges being laid by police. I happened to be a victim who quickly turned into an accused.

Was charged with mischief under 5000$ and intimidation after a dispute. Lawyer wanted to rush me through the system, and so I accepted a bargain plea to the mischief charge and was handed a conditional discharge for something so silly as slamming my hand through a door because I didn't keep my cool. The physical scars and traumatising experience of being labelled a criminal for the rest of my life still haunt me.

I am still learning to deal with the consequences of a flawed system which looks to systematically criminalize ordinary people, but the true criminals are roaming freely and the police won't lay charges for lack of evidence.

@travtttt

I travelled to the US for work purposes ever since and never had a problem, so your story is intriguing.

It depends on which CBP officer you fall on, I suspect. Many simply don't care while others will flag up your name to get promotions.

Online, they seem to indicate mischief is not a crime of moral turpitude, but so isn't breaking and entering. Others say the opposite. The US justice system is so complex since each state has their own penal code, so there's lot of interpretation. Their archaic system and polarizing politics makes you question as to how this place hasn't drifted into another civil war.

Don't let any lawyer fool you. A conditional, even absolute discharge, is a criminal record for US customs. It's an admission of guilt. US immigration laws are so silly that they contradict each other. One article states that you are inadmissable if you have ever been arrested, yet there is some leeway with DUIs from CBP agents. Another article claims that if you received a sentence of less than six months imprisonment, you can enter, even if the crime was a CMT. Problem with most canadian charges, they are hybrid, carrying a 14 yr max prison sentence, so US customs will use the latter in rendering a decision. In other words, good luck. CBP agents are simply not trained to handle all these exceptions.

I was also advised that getting a file destruction removes all entries from CIPC, including fingerprints. As to how true that is, I couldn't tell you. What is seen after receiving a conditional discharge or absolute and their visibility period has elapsed, I simply have no clue.

Here's what I know, conditional discharges are sealed after 3 years upon receiving the sentence and absolute after a year. If it was before 1992, you have to get it removed yourself by writing to the RCMP. The RCMP, for some reason, doesn't remove them even after 1992 which they are required by law to do. So, again you need to go through the painful process of writing to them. Now, if US customs accessed these before, then....

The grey areas are listed above and our poor government is at their mercy. Piece of advice, how about you boycott them forever. They don't need your dollars, after all its monopoly money to them. There are plenty of other cheaper countries to.l explore before they all start following the US model, pressured by none other than their corrupt politicians.

@travtttt A conditional discharge means you plead guilty to something.

The only difference between a regular criminal record and a conditional and absolute discharge is in the way you get rid of them.

The Criminal Records Act was amended on July 24 1992. So once you have a conditional discharge, you only need to have fingerprints done once, this brings it to the attention of the RCMP and then they automatically remove it. Its is NOT removed after 3 years if you do NOTHING.

Typical scenario: Client gets a conditional discharge. # years later, assumes record is gone. Tries to cross. CD is seen and he is refused. Then he applies for a waiver and of course, gets his fingerprints done. The record comes back blank. He is confused. How did Homeland Security see the record? Its gone.

No, your act of being fingerprinted removed it. Does he need a waiver? Yes. He plead guilty to something, regardless of how lenient the sentence is.

If you really want to be 100% sure, go to the border, and say "I am not here to cross, I just want to talk to someone". then ask the person they give you to check you out and see if you need a waiver. He will be honest about it.

But in my opinion, YES, you need a waiver. The lawyers like to brag it "isn't a criminal record" but it IS. If it wasn't then WHY do you have to PLEAD anything? They could simply withdraw the record. They don't because now they have a conviction.