I am aware that if someone was convicted of a crime, they could have their records expunged if they are clean for 3-5 years, depending on the severity of the crime.

However, if one were to be arrested but not convicted, there is not way you can expunge the record, because you were never "convicted".

This seems to me that someone can have a clean record if they were convicted, but if someone were only arrested and not convicted (which seems less severe), they will have a record with the police at all times.

I have been arrested for theft under 5000 in Canada and received diversion, so my charges were withdrawn, but my records still live on and are available for customs, etc to see. Is there absolutely NO way that I can expunge this? It just seems so unfair to me..

Hello c:

It MAY be unfair. But, I don't think so... Your problem is you're not making the distinction between a CRIMINAL record and your arrest record... Being arrested means NOTHING. Unless you're applying for a top secret position, your arrest record will NEVER show up on a background check. Customs can SEE your record, but they can't DO anything about it. Personally, I have NO problem with the cops being able to tell WHO has been arrested, and for what, and who has not. And, I HATE the cops.

So, in the abstract, it MAY or may not be unfair... However, in the here and now, has it had an effect of you?? Tell me about that, and I may be able to help.

excon

I'm just trying to get over the fact that if someone were to cross the border with their conviction erased, they would have no problem crossing. However, I on the other hand, would have to go through the US customs being suspicious and having to run my name before I cross. When the US customs scans my passport, do they see the arrest record right away?

Also for the background check, what about a Vulnerable Sector Screening? Does the arrest record show up?

It's just still so unfair for the people who have been convicted of a crime to have an opportunity to be freed of this, however this problem cannot.