September Letter or Waiver?

Blue posted 4 years ago

Hi all,

I was convicted of theft over $1,000 per the CCC section 334(a) in May 1989. I was given a suspended sentence and 18 months of probation. I was denied entry to the USA in 2015 and never tried again.

The CCC has changed to theft over $5,000, now as 334(b). Do I qualify for a September letter or still a waiver? Is this considered a petty offense given the change in the criminal code of Canada?

Thanks in advance.

[ Blue appended this reply on July 4, 2022 @ 4:17 pm ]

Moral turpitude and a theft offense must involve the intent to permanently deprive a person of his or her property. That’s not what occurred in my case. Wondering if this twist changes things.

Also, I’ve never had any interaction with the law since this charge.

J Rogers (trusted member) Trusted 4 years ago

@Blue

Its a waiver. No September Letter for that. 5 year waiver if done properly. If you do it yourself, make sure you do a good job on the personal letter showing contrition.

Blue 4 years ago

I saw a law suit the successfully argued theft of a vehicle (which is what my conviction was for) wasn’t Moral Perpetude because the intent wasn’t permanent. Same situation as my conviction. I just borrowed the car without the owners knowledge. I did bring it back and was charged. Does this changes anything?

Blue 4 years ago

Moral turpitude and a theft offense must involve the intent to permanently deprive a person of his or her property. That’s not what occurred in my case. Wondering if this twist changes things.
Also, I’ve never had any interaction with the law since this charge.

J Rogers (trusted member) Trusted 4 years ago

@Blue

Anything is possible. But to me, that is an indictable offence, yes old, and somehow the court documents would have to say enough information to suggest you borrowed a car. That being said, they could have made it a simple mischief or dropped it to theft under...and they didn't.

I am just telling you how Homeland Security is reading the situation, just like I did. Remember, I have shoplifters who didn't get September Letters. But I also have a guy waving a gun in a club who did. So suspend logic sometimes when considering the United States.

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