Received my file destruction, do I still need a waiver?

Leafsposted 2 years ago

Hello,

Last year I received my file destruction and I'd like to know if I still need a waiver? I haven't been to the U.S. since the incident.

Any thoughts?

Thank you.

Replies (recent first):

I'm tempted to get my prints checked again. I called Peel Region Police, they told me they have nothing on my name. Should be good

challenger392 replied 2 years ago   #13

Leafs I am in the same situation as you. I've been dreading crossing the border for over 10 years. Got my fingerprints "destroyed" 2 years ago.
I am grateful that John Rogers has taken time to leave free info on this forum. Thank you sir

Challenger392 replied 2 years ago   #12

Thanks Roger for the very usual information. I will get an RCMP finger print done to be sure.

Leafs replied 2 years ago   #11

Homeland Security knows that asking "have you ever been arrested?" casts a wider net than "do you have a criminal record" and is also effective for catching people hiding their records with a Pardon.

Your answer is always "no".

If you have NEVER been denied entry into the United States, and have removed or sealed your record, ALWAYS say "no".

The biggest controversy in this industry are people doing unnecessary waivers.

A Pardon is 100% effective UNLESS you:

-admit to having a pardon
-Have been caught before your pardon

When you get a Pardon, even our own RCMP cannot see you have a record.

JOHN ROGERS replied 2 years ago   #10

Thanks John.

I have another question. Say they ask me have you ever been arrested. What is the best way to answer that? If I say no, nothing would show up, it should be clean? If I say yes, and nothing shows up then they will probably tell me I need a waiver.

Leafs replied 2 years ago   #9

You do not need a waiver.

JOHN ROGERS replied 2 years ago   #8

Well, Leafs...it still may or may not still show up in the databases...We have seen pardoned convictions still showing up in the database. Plus CBP has other databases that they can use where they may or may not see a conviction. The big thing is what the conviction is for. An example is that if you had a simple DUI...then you would not even have to apply for a waiver and you could save your money. Ken 604 332-9213 usentrywaiverlaw.com

K SCOTT replied 2 years ago   #7

L.S.

I never had a conviction. It was dropped. Then file destruction done. I haven't been over since the incident.

Leafs replied 2 years ago   #6

John Rogers
Thats what the file destruction is suppose to do. I think I will get a finger print done and see what comes back. It should be clean.

Leafs replied 2 years ago   #5

Scatcat99
I never had an issue crossing over. Just a passport. After my incident a few years ago I started to wonder what should I do. I haven't been over since it happened. It wasn't a conviction. It got dropped.

Leafs replied 2 years ago   #4

Yes you may or may not need a waiver. It will really depend on what your conviction was for. Also, if you were ever in the CBP database then you are in it for life. It is true that if the record is invisible before they see it then that is good thing.

L.S. replied 2 years ago   #3

the whole idea is you must HIDE the record BEFORE they know about it.

JOHN ROGERS replied 2 years ago   #2

Leafs, question for you is have you ever required/had a waiver before your file was destroyed.
If you are in their system then you are for life.
I had my file destroyed a year ago and still need a waiver every time I cross. Even spoke to the American Consulate and it didn't make a difference.

Scatcat99 replied 2 years ago   #1

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