Pre Clearance after Record Suspension?

nicknackposted 1 month ago

For those who have not been denied US entry before, just wanted to know if there's been any issue with pre clearance after getting a record suspension?

Replies (recent first):

@leafs

If you completed a "file destruction" (the local police who arrested you would do this and request the file be closed with the RCMP) then yes your record is destroyed and NO Homeland Security could not see it.

John Rogers replied 1 month ago   #7

Just to clarify, if you had a charge and it got dropped, your peace bond expired and you received your file destruction, is the FPS# destroyed completely?
It no longer shows up in a CPIC search? Am I understanding this correctly?

If you go to the U.S. and they scan your passport, would the FPS#show up or anything else indicating that you were charged with something, even after you received your file destruction?

Thank you

leafs replied 1 month ago   #6

@George S

Why do you keep repeating incorrect information?

You can technically destroy the PFS number. It should be destroyed when a person gets a pardon.

NO.

A withdrawn/stayed/dismissed charge, or a Conditional or Absolute charges, yes, under certain circumstances.

And we all know George S is HatsBootsHatsBoots. And as long as you keep it civil, we don't care what you call yourself.

The reason it is important to be clear on when an FPS # can and cannot be removed is companies (Pardons Canada is a classic example) charge "extra fees" to do a "file destruction" after a pardon. It cannot be done. The scam is they lead you to believe you are paying to destroy your FPS#, but in fact the only thing they destroy is THEIR file (and your bank account).

John Rogers replied 1 month ago   #5

@John Rogers

You can technically destroy the PFS number. It should be destroyed when a person gets a pardon. Often, it never is for reasons you mentioned. For minor crimes though and after a certain period has passed, some police agencies do consent to do it. The record is sealed but police do have access to it, this means your FPS number is sealed with your record. Therefore, it should be removed from CPIC when someone gets a pardon.

You need a file destruction when you get a discharge or any other outcome to get that FPS number removed from CPIC. The FPS never gets technically destroyed but rather sealed. It is stored away for future purposes if need be.

I attempted to join law enforcement, but never quite made it due to false allegations that tarnished my name. I stumbled on this website not so long ago and just wanted to share my personal experience.

George S. replied 1 month ago   #4

@George S.

When a person gets a pardon/record suspension, they CANNOT remove the FPS number. Please inform us where your expertise/experience in this area comes from? A pardon "seals" the record. Meaning, if you re-offend, the record comes back. (record unsealed) How could that happen if the police could "destroy the FPS".

Michelle is right, if you have a weapons prohibition or other "extra" prohibitions, the pardon may not work in terms of hiding it from Homeland Security. If you don't have these prohibitions, and have never been denied entry, Homeland Security cannot see the record. Why would I be inaccurate about this when my "profit motive" would be to have as many people do a waiver as possible?

Again, John Rogers, Pardons and Waivers since 1997. Thousands of examples. George S. Please state your level of experience?

John Rogers replied 1 month ago   #3

@Michelle

You are correct. Only a file destruction can remove the FPS number. It is at the arresting police force's discretion to approve or deny such a request.

Some waiver services keep advertising that a pardon guarantees entry to the US, however this is not true. Some posters who claim to do waivers over here also make these false statements. Same thing can be said for discharges, stayed charges, peace bonds and withdrawn/dropped charges. Someone must get a file destruction to remove the fingerprints from the RCMP database.

Arresting police forces have different guidelines for file destructions. For minor charges that happened over 5 years ago, these requests are often granted.

The US shouldn't deny entry for anyone convicted of a crime that is not considered a crime of moral turpitude and that resulted in 5 years or less of imprisonment. Minor assault, minor DUI (alcohol related), juvenile delinquency and traffic tickets are the only charges that are generally fall under this category.

There is another loophole in US law : the petty offence rule. Anyone convicted of one CIMT crime that resulted in a sentence of less than six months imprisonment is admissible. Unfortunately, the current administration is turning the blind eye on this one and aggressively trying to rewrite the US Nationality Act.

Someone accused of a minor crime that resulted in a discharge or not a formal criminal record should get a file destruction first. Anyone who gets a pardon generally should have their FPS number removed after the process. Unfortunately, they don't want to go through that hassle. It is up to the accused to take the necessary steps to clear their name.

George S. replied 1 month ago   #2

@nicknack, unfortunately, a Pardon or Record Suspension means nothing to USA. If you are stopped, and your name is checked in CPIC, your FPS number will show, along with any prohibitions (if they are still in effect) and other information. This tells Customs that you have been fingerprinted for something, and they may check further into it - depending on what you have received a Pardon for, you can still be denied. There is quite a bit of controversy with this, and many Pardons services will sell an individual a Pardon, knowing that they may be denied, and then sell then a Waiver later on. If you received a Pardon for a DUI, Mischief, Assault, or some other minor offenses, you might be okay...Anything else, it is a gamble and you should at minimum carry a copy of your Pardon with you..

Michelle replied 1 month ago   #1

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