Remove A Repealed Offence From Your RCMP Report

KSCOTTposted 1 month ago

This is a topic that may be of interest to the members of the forum. We endeavour to show relevant items that directly involve US Entry Waiver Cases. We have a new client that we are attempting to get a lifetime clearance for that has an interesting situation. Among other things, the gentleman apparently has a conviction that has been repealed and removed from the Canada Criminal Code.

The question that we are working on is can we get a repealed item removed from an RCMP report? I have reached out to Michelle for an Advisory Opinion and she is researching it. This question is relevant because it could impact a US Entry Waiver case since It is always better to have less convictions on your RCMP report in order to facilitate said case approval. We also will be researching this topic for obvious reasons and may also present it to a criminal defence lawyer associate. Why give CBP any more ammunition to use against a client when adjudicating a waiver case?

Contrary to popular belief, I do welcome debate on academic/intellectual work-based topics in an attempt to solve a problem. I also want that said information presented can be fact checked and documented in the applicable manuals, regulations, laws, and statutes. I will not engage in non sensical female type laden debates based on a girl’s night out type agenda/topic that does not solve a problem but only perpetuates gossip.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

Replies (recent first):

Well, this guy got caught for making a false statement in an attempt to enter the USA. He was arrested, convicted, and did 2 years in federal detention for it. We are doing his case now for making a false statement to gain entry to the USA under 18 USC 1001. It is possible that they decided to make an example out of him. I also heard back from Counsel and he said that it is possible to remove a repealed ofence from the RCMP report. However, in this case, they repealed the stature but then redesigned it under another category.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908 -3841
604 332-9213

K Scott replied 1 month ago   #7


With the Parole Board, you may want to try email.

To give you my perspective, I am Canadian, and I have no problem telling my clients (who are Canadian) the best way to get around a system that in my opinion, treats them unfairly.

I am 100% confident that a client "caught" lying is NEVER going to serve jail time in the US. Remember, a person who travels to the US and doesn't voluntarily disclose a criminal record is in effect (according to the US) entering illegally.

I have been doing pardons since the mid-90's. Imagine how many of my clients in over 20 years have been crossing with sealed records. Now the odd one forgets how to respond and gets caught. The consequences are always the same. Trip usually ruined (in some cases they simply had their partner fax the pardon to the border and in return were even allowed to go on THAT trip) a stern warning from Homeland Security, and then a waiver.

In my opinion, hiding the record is ALWAYS the best approach, unless it is not an option. Waivers are ALWAYS a last resort. No one likes a lifetime of waivers.

J Rogers replied 1 month ago   #6

I still have not heard back from Counsel on this issue so I will just call the Ottawa RCMP to pose this question. I may call the Parole Board of Canada and pose this question since we received a call from a gentleman named Paul that works there on Tuesday. Anyway, will keep the forum posted on the outcome of this search.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

KSCOTT replied 1 month ago   #5

There is 1 big problem if they get caught making false statements under 18 USC 1001. They could simply get 2 years behind bars. I know because one of our clients made a false statement to CBP to gain entry and he got 2 years at the Federal Detention Centre in Washington State. We have another person that has a pardon and CBP could not see his record. However,they contacted a special BC task force and they provided some information which led CBP to go on a fishing trip and found his information.

It is true this will not apply to everyone, but people need to be aware of the penalty if they are caught. People seasoned with the system have no trouble with this issue. However, people with no experience with dealing with the justice system are often the ones that get into trouble at the BC borders and I will assume the other ones.

This person is not seasoned and will get into trouble if he is taken into a back room and gets caught making a false statement. The other issue is that we cannot legally tell someone to make a false statement if they are asked if they have criminality and they falsely say no under 18 USC 1001. However, he would not be in trouble if the item were removed from the report and the question was not even posed to him.

Either way, I can appreciate your opinion on this topic. I can research it further to see if it is possible to remove repealed items from the RCMP report. If so, then it is an additional service that we can offer people and I can share my findings with you and Michelle.

Yeah I think I had better not state too much in regard to his offence other than it is one that has been repealed by the Canadian Government but has nothing to do with witchcraft or a sex offence. He has to know that we respect his privacy since he has entrusted us to do his case. The big thing though is trying to get a repealed offence from the RCMP report.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

KSCOTT replied 1 month ago   #4


Unless they have a weapons ban (or something similar) what makes you believe that they aren't just better off sealing (hiding) the record?

If you send him to the border with a packet, they are going to have to pay $585 or possibly $1400, and they might be "stuck" doing waivers. (Obviously if they get a September Letter it would only be the one fee)

If they "seal" the record, and then get "caught" trying to cross and lying to Homeland Security, I don't see a big consequence. Many clients who have done Pardons have been "caught" because they say the wrong thing, or even get tricked into admitting they lied. I don't find they face any extra "ban" or penalty. (I am sure Homeland Security threatens this but I don't see it implemented)

If the client WANTS to file a waiver for CERTAINTY, then I get that.

I am interested in the "repealed" offence. Gay males were persecuted and that is an example of an offence you do not need a pardon for. (they have a special designation for removing that) Marijuana possession you need a Cannabis Pardon for. I am curious what "other" offence could possibly have been "repealed"?

In the cases I pointed out above, Homeland Security still considers the offences criminal, and in the case of "Indecent Act", they will not even issue a waiver under Trump.

Now if its something obscure like

Every one who fraudulently
(a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration,

(b) undertakes, for a consideration, to tell fortunes, or

(c) pretends from his skill in or knowledge of an occult or crafty science to discover where or in what manner anything that is supposed to have been stolen or lost may be found,

Is guilty of an offence punishable on summary conviction.

Then I ASSUME the US might still consider what the person did "fraud".

I have to admit, I have never done a Waiver for someone convicted of "Witchcraft".

You brought up the conversation that you were doing this "interesting case" but no one is going to be able to compare their situation to this one if you don't at least give some information about the offence. Others may be able to benefit.

J Rogers replied 1 month ago   #3

This person has never applied for a waiver and we are going for the lifetime clearance on him. He also has never been denied entry. There is 1 conviction that I would prefer in a perfect world was not on his RCMP report. Luckily, it is a repealed offence and we are searching for a way to see if it can be removed before his packet is submitted. We have already found other methods to knock out his other convictions.

So yes, CBP will assess it based on USA statutes and this is why we would prefer to remove it if possible. I have posed this question to 3 court clerks and none of them know how to do it. I am still waiting to hear back from counsel on this issue.

The record sealing technique does not always necessarily work for a variety of reasons. We have a guy that had a pardon but still told CBP about his convictions after they threatened him with 18 USC 1001 for false statements. I think that if we can get it knocked off then CBP can still view his convictions and agree that his other offences do not make him inadmissible based on our presentation.

I will also say that the does indeed work at times but a lot of it unfortunately depends on the client. I decline to say if we have used this technique on some cases, but I can say that certain known persons have used it in BC, and it is indeed working. However, the big thing is that it is no guarantee and that is where the problem comes in since a lot of our clients want as close to a guarantee that we can present to them.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

KSCOTT replied 1 month ago   #2


So the person is doing a waiver because they were already denied entry into the United States?

If they HAVE, then removing the offence is irrelevant. You could simply show that the offence is no longer in the criminal code, but Homeland Security will assess it based on THEIR interpretation anyways. So removing it is a waste of time. (for waiver purposes)

If they have NOT been denied entry, then the person can simply seal the record (if its something that doesn't need a pardon any longer than even better) and Homeland Security will never know.

Were they denied entry?

J Rogers replied 1 month ago   #1

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