Question on RCMP fingerprint request for "pardoned" record

traveldudeposted 7 years ago

Bit confused about what documents you get back from RCMP...as I saw some on this forum with a pardon said they get back a letter stating-no criminal record....I thought you had to ask for your "pardoned" criminal record,,,,,how can you submit your waiver application without your criminal record?,,,,,,do u send the the copy from the other submissions?.....I have a pardon and just started the process for my 3rd waiver.....I had a one year from 2011 to 2012....then a 5 year expiring in June/2017.......I went to local RCMP today and tried to send Freedom of Information paper to ask for my pardoned criminal record, they did not seem to know about this and simply sent in form 2016....I am scared I will get back-no record......and not have the necessary papers to file my next application.....please let me know what you think...thanks

Replies (recent first):

Have you or other people done this? as some warn so much that it won't be accepted this way......I guess I should get my papers together and submit anytime?....my current one runs out June/17....

traveldude replied 7 years ago   #9

Yes.

Frank Jr. replied 7 years ago   #8

Got my call today, my fingerprints came back negative as I thought they would as i have a pardon ....

you think I am ok to file in with that and give copies of my record, sentencing, pardon etc...

this will hopefully be my 3rd waiver

traveldude replied 7 years ago   #7

Sorry just saw this post on this forum

i194waiver I-192 Requirements jan 12/16

Was posted in Calgary airport...

UNITED STATES DEPARTMENT OF HOMELAND SECURITY CBP 1-192 WAIVER CHECKLIST

This part talks about the request for the record:

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. CAN'T BE OLDER THAN IS MONTHS .

traveldude replied 7 years ago   #6

Thanks I will.....interesting information.....I actually did that Freedom of info thing with my waiver (second one for sure)......I copied and pasted that info from another site that offers help and seems so adamant that you have to do in that way in order to get what you need back.. ....I was just nervous I would possibly wait a few months and not get the right thing back from the RCMP...this putting me in danger of a time lapse ( which could happen anyway I know)..as my waiver runs out June/2017.......I will wait for my information back from RCMP....probably won't take to long as I technically have no record in Canada because of the pardon....I guess after i get that I just need to fill out the forms, write my letters again and copy my court documents, pardon, criminal record that I used the last time....and head for one of the offices.....thanks....

traveldude replied 7 years ago   #5

So, if your C-216 indicates that you have no record, or any record at all, that is what you submit to the ARO. If it indicates that there is no record due to the issuance of a record suspension (pardon), submit a copy of the pardon and explain. And be sure to include a copy of court documents for all convictions, pardoned or not.

Frank Jr. replied 7 years ago   #4

I always use an accredited fingerprinting service, where care is taken to specify that the record is to be used for the purposes of a travel waiver. The fingerprints are then directly sent to the RCMP electronically.

If you try to get records back from the RCMP under the Privacy Act, without paying the $25, I'm very confident that the ARO will not accept them. Here's why: It will have no RCMP dry seal or returned fingerprints attached to the record. The CBP-ARO specifically states that the "RCMP Civil Product" must be the original and be submitted with your I-192 application within 15 months of the issuance date.

Here it is: https://www.cbp.gov/travel/international-visitors/admission-forms/form-i-92-application-advance-permission-enter-nonimmigrant

Canadians: To obtain verification of your criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with your Form I-192. For instructions, addresses and payment information, please visit the RCMP website

Requesting a record under the Privacy Act: (not acceptable for waiver applications)

Request under the Privacy Act

In its day-to-day operations, federal government departments and agencies collect personal information from almost all Canadians. The Privacy Act gives Canadian citizens and people present in Canada the right to have access to information that is held about them by the federal government. It also protects against unauthorized disclosure of that personal information. In addition, it strictly controls how the government will collect, use, store, disclose and dispose of that information.

You can apply for a copy of your criminal record by making a request under the Privacy Act. It is important to note that the report you'll receive cannot be used as a certified copy of a criminal record as it will not have the official RCMP seal or format.

The report you'll obtain with your request under the Privacy Act is based on a fingerprint search. It will contain a copy of the National Repository data holding as it exists, without fingerprints. It will contain only that information permitted to be disclosed under federal law.

Frank Jr. replied 7 years ago   #3

Thanks Frank Jr.....other sites I have read on seem to place great importance on the procedure of how to ask for the information from the RCMP in order to get the right documents back.

what is your opinion of this:

PROCEDURE DIFFERS SLIGHTLY DEPENDING ON WHETHER OR NOT YOU HAVE A PARDON

IF YOU DO NOT HAVE A PARDON FOLLOW THESE INSTRUCTIONS

Write out this short letter or something similar and address your envelope to:

Royal Canadian Mounted Police
Civil Identification Division
1200 Vanier Parkway
Ottawa (Ontario)
K1A 0R2

Dear Sir/Madam,

Please send me a copy of my criminal record on form C-480. I need this document in order to apply for a U.S. waiver of inadmissibility. I am enclosing a money order in the amount of $25 dollars, payable to the Receiver General of Canada.

My address is:
Your Name
Your Address
Regards,

Date & Sign.

AT THE POST OFFICE
Buy a $25 dollars money-order payable to the Receiver General of Canada. Place Prints, Letter and Money-Order in the envelope and AFFIX proper postage.
It will probably take 3-4 months for you to receive an answer from Ottawa. This gives you plenty of time to do the rest of the steps necessary to complete your application.

IF YOU DO HAVE A PARDON FOLLOW THESE INSTRUCTIONS

Since a pardon has erased your record, if you follow the above procedure, The R.C.M.P. identification Division will NOT send you the required C-480 form. INSTEAD, you will receive a confirmation that their search has not revealed any criminal record in connection with your name and prints.

You must make your request through the Freedom of Information Act. The good news is that you save $25 dollars since this request is free.
If you need Adobe Reader click this image

The form can be found atAccess Info

PRINT OUT AND COMPLETE FORM
R.C.M.P.Identification Division (this is the government agency you are petitioning)

You are then asked to provide details regarding the information being sought. Your reply should be in the form of:"Although I have received a pardon, I request that you send me a form C-480 describing my criminal record. I need this information in order to apply for an entry waiver to the USA."

Date & Sign the request and forward it, along with your fingerprints, to the same address. The waiting times will be similar

traveldude replied 7 years ago   #2

Each application must contain your official police record or evidence that no record exists from your country of
residence or nationality. This record is valid for 15 months from the date of issuance for submission with your
Form I-192.

So there is the answer from the USCIS website when you link to the instructions for the form.

The form that the RCMP issues to certify no record exists will suffice. You must submit the original (dry seal) copy of this form, within 15 months of the date that is printed on it as issued. You will have to report your actual conviction(s) on the I-192 application form itself, as well as a copy of your pardon and you should include an explanation in your cover letter that the pardon includes the conviction(s) you specified on the I-192 form.

Also, you must submit all the relevant court documentation for each conviction. Hang on to the originals!, and only submit copies for each waiver application of these court record documents.

Frank Jr. replied 7 years ago   #1

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