To the point on going to the border - explaining that you are not crossing but asking to talk to someone to see if you are admissible - despite explaining that you are not crossing, they will deny you entry and put it on your file.

Speaking from experience here.

@Samuel8911 Dang wtf? They aren't supposed to find anyone inadmissible based off of a dismissed charge because a dismissed charge has a huge chance of being a wrongful arrest. Luckily my lawyer managed to get the FBI fingerprints removed and expunged, but I'm kind of nervous now.

@Donald, I completed a diversion class. The court docket doesn't mention it, and it says dismissed/nolle prosse. I didn't have any intention of visiting the US because the hassle wasn't worth it. I did the waiver because of the fee increase and the hope that the adjudicator will give me five years based on the nature of the incident and the length of time (14 years). If I get one year, I'm definitely not paying 1500 CAD. The only annoyance for me is connecting flights. I know the US doesn't care, but I'll just continue spending my holiday money elsewhere.

@Samuel8911 was there anything like fines, probation, even a diversionary class or a guilty plea or admission of guilt? I got off basically without any of the major prongs of conviction because of my lawyer and also because of the fact that the police officer was nice and noted that the weed wasn't actually mine but rather handed to me literally because my so called "friend" at the time was in front and noticed the cops were there and didn't tell me before it was too late. I'm kind of confused about what to say because technically I didn't commit any crime but also conduct based inadmissibility is extremely broad and has no statute of limitations.

@Donald, if I check my arrest report in Miami-Dade, it says "arrest-arraignment-nolle prosequi" (refused to prosecute). Being arrested, processed, and released without charge still creates a record. When the officers asked me about the event, I said that I was arrested for cannabis possession while on vacation but that the charges were dismissed (they could see it in their system). I was not asked if I did it or not. I feel like the officer was more inclined to trust the judgment call of the local police officer who made the arrest. There are many posts here about people dealing with the lifelong consequences of an arbitrary or overzealous arrest. Ultimately, they judge your moral character. I was sent to secondary for the first time ever because I was crossing with my Cuban husband. I feel your frustration!

@Sam 84 So the officers asked you about the conduct relating to the charge even though it was fully dismissed? Are you sure that the dismissal wasn't based on rehabilitative grounds or pled down? My case was just fully dismissed due to pure luck (lawyer was friend of prosecutor who was extremely overworked, the weed wasn't actually mine either, but my "friend" had surreptitiously given it to me when he saw the police car outside). I'm not really sure how I should go about answering conduct based questions, as an admission would make someone inadmissible even without a conviction.

@Donald, indeed, the charge was dismissed because the court declined to prosecute. An arrest record may still be accessible if specifically searched for. Regarding the primary screening, I believe they inquire whether you have ever been arrested, regardless of conviction. Based on your response, you will have a single opportunity to provide a compelling explanation for your mugshot and arrest record. The officers are trained to elicit statements that may render you ineligible. This is how I became entangled in Waiverland

@Sam 84 Did your possession charge get fully dismissed? Mine got dismissed because my lawyer was good friends with the prosecutor and the prosecutor basically decided to do him a favor and also because my case was tried in a super over-worked court with actual severe crimes so a simple possession charge was not worth prosecuting. I'm not sure what I should do in the case of a border guard asking me if I committed the said act?

The same happed to me while in miami in 2012. I was convinced to take a plea bargin. The charges were dismissed. Last year I was selected for a random check (the agent was training a new guy and he wanted to show him how to use their database!) my arrest showed up and I got a lifetime ban for moral turpitude. My point is that they will likely never check but all it takes is one secondary screening

@J Rogers I can't go because I am currently in the US, I am currently on TN status but I know a lot of the time CBP officers don't search or sometimes the record doesn't get shown for whatever reason, but I'm not risking going back to the border just to check this. To be completely honest because the charge was fully dismissed and the paperwork even said "acquittal" and because I even went and got a TN before I just assumed this wasn't an issue. I don't know what happened though.

@Donald I just realized you mentioned you ARE in the US. Ok, so going to a border is not as easy. If you are there without official authorization be careful

not to wish to prosecute
Nolle prosequi (abbreviated nol. pros.) is a Latin phrase, which directly translates to “not to wish to prosecute.” Nolle prosequi is a legal notice or entry of record that the prosecutor or plaintiff has decided to abandon the prosecution or lawsuit.

The waiver forms specifically ask if you were ever ARRESTED. So they want to KNOW if you were arrested, but as I said, go to the border, ask them to look you up, and ask them. If you book a trip for $5000 and lose the money, are you going to get the lawyer who gave you a free consultation to give you your money back? I don't think you need a waiver, but if an officer turns you around, your trip is ruined, whether he is right or not.

Isn't that what you are trying to prevent? And this is a "free consultation" as well, and this is ALL I do all day EVERY day since 1992. I am a Canadian, trying to help a Canadian, for free. Go to the border and ASK. They will tell you. They have NO interest in making you do a waiver if you do not need one.

@J Rogers I am currently in the US, I've talked to an immigration lawyer for a free consultation, and they said that a Nolle Prosequi disposition is not considered a conviction, she also told me that legally speaking I can deny that I ever did the crime since the charges were dropped, I don't see how that makes sense but she assured me that if they ask, I should say that I was not found guilty and never plead guilty and therefore did not do anything.

@Donald
I suggest you don't mention anything about the marijuana since you weren't charged.
they do not like to hear that.

Its actually hard to say. I would go to a border, explain you are NOT crossing, and ask someone to talk to you to see if you are admissible. If they tell you that you need a waiver, then apply. If they tell you that you do not, then get a name or card or something.