I had a few run ins with the law when I was 16. Mostly Theft Unders and Failure to complies. I ended up going to court for these charges and got into Alternative measures. Most of my charges were dropped as a result of the cops failing to appear. As for the rest of the charges, I was granted a conditional discharge with 1 year probation, community hours, an apology letter and essay for the judge, as well restitution. I completed probation in early 2005.

I was under the impression the convictions would be erased off my record as soon as the conditions were finished. I was hired a week back and needed a security clearance for my Security job. I went for my fingerprinting today only to find out I had a criminal record. Why? I asked the officer taking my prints and she replied with, "That's how the system works. You should have thought first before committing those crimes." What's the difference between being found guilty and being granted a conditional discharge if in both cases you have to wait 5 years for your record to be closed?

I'm just trying to wrap my head around why in the world I would have to wait 2 more years for my record to be sealed. I'm already 20 and it's been 3 year's since I've last went to court or even been in contact with the police.

Do I have to apply for a pardon?

Hello Throw:

I don't know what you have to do... Oh, yes I do... Hire a lawyer.


excon

Do you live in Ontario? If so, I believe a conditional discharge leaves your record in effect for three years and then it should be removed. I don't think you need a lawyer just try and do some more research on this yourself maybe through Pardons Canada but I am pretty sure you don't need a pardon. You may need to contact someone however once three years has passed to make sure the criminal record is removed.

Not anymore. I moved when all my cases and conditions were finished. I honestly don't know who to contact, I asked Legal Aid and they said get a lawyer.

I will tell you as a fact that on National Security background searches, even sealed or explunged records will still show up.

They will not show up for regular background searches, but if you have to get a national security background search to work for the government and/or a government contractor where a clearance is required.

It will list explunged or sealed, but it still appears for this.

Thank you for the post. When it's sealed would I be able to cross the border or would I need a waiver?

Does not show up for border from my understanding.

Google CPIC and you will learn all about conditional discharges and such, also use key words like purged , there is a lot of info that will enlighten you

google CPIC and you will learn all about conditional discharges and such, also use key words like purged , there is alot of info that will enlighten you


I realize you are new on the Legal Boards but please don't just post related sites or how to get to sites.

Please post the information itself, with the site if you would like to do so.

My internet got cut off and forgot to follow up. I went to see a lawyer and he advised to apply for a pardon. What I'm confused about is why in the world would I need a Pardon if I was never found guilty of any offense? I got conditional/absolute discharges all across the board, finished probation, finished paying off my debts, wrote an essay as to why what I did was wrong as well an apology letter. I don't understand why my name is still showing up in background checks and it's frustrating the hell out of me. Everywhere I go for help wants money and I can't afford to pay them just to get some advice.

My internet got cut off and forgot to follow up. I went to see a lawyer and he advised to apply for a pardon. What I'm confused about is why in the world would I need a Pardon if I was never found guilty of any offense? I got conditional/absolute discharges all across the board, finished probation, finished paying off my debts, wrote an essay as to why what I did was wrong as well an apology letter. I don't understand why my name is still showing up in background checks and it's frustrating the hell out of me. Everywhere I go for help wants money and I can't afford to pay them just to get some advice.



It would appear that the arrests are on your record. You would need an Attorney to remove them and it is possible they cannot be removed.

When certain background checks are run, they will always appear.

I would ask the Attorney about the pardon if you were never convicted. I don't understand how/why you were put on probation without a conviction.
"

Ok, first if this is a "national security" background check, any arrest, any deal, all convictions and any sealed records all show up for them, and there is no way to get them off that record.

Also sorry but you plead guilty, so there is a conviction, your received your punishment and the only issue was that it was to be sealed to public records ( but not government security searches)

It would appear that the arrests are on your record. You would need an Attorney to remove them and it is possible they cannot be removed.

When certain background checks are run, they will always appear.

I would ask the Attorney about the pardon if you were never convicted. I don't understand how/why you were put on probation without a conviction.
"

Probation was among the conditions I had to follow.

Man... I regret being such an idiot. I can't believe things I did @ 16 are still relevant at the age of 20 and will possibly follow me around for the rest of my life. I was under the impression that once I fulfilled my side of the bargain and stayed out of trouble for 3 years my record would automatically close. I just want to be able to pass a basic security clearance.

A couple of failure to complies
A couple of theft unders

That's literally it. Anyway, thanks for the help. I really appreciate it :(

Probation was among the conditions I had to follow.

Man... I regret being such an idiot. I can't believe things I did @ 16 are still relevant at the age of 20 and will possibly follow me around for the rest of my life. I was under the impression that once I fulfilled my side of the bargain and stayed out of trouble for 3 years my record would automatically close. I just want to be able to pass a basic security clearance.

A couple of failure to complies
A couple of theft unders

That's literally it. Anyway, thanks for the help. I really appreciate it :(



Hate to be discouraging but they will show up on a Government check - if that's what you're asking - and may or may not on a check for a security job, depending on how closely the potential employer looks. I think the theft charge is going to be the stickler - it may very well be that no one will hire someone to work security when they have stolen in the past.

I hope you stay on the board - people who have been arrested for theft post fairly often and some are very flippant, think it's a joke, don't think the aftershock goes on forever. You could be very helpful.

Thanks for all the help, I'll do just that. One more question if you don't mind me asking, I was thinking about applying for University and one of the courses requires co-op placement and handling money. Do you think that will be a problem? It'd be awkward telling my teacher I couldn't partake in it because, well, I'm a criminal :confused:

Thanks for all the help, I'll do just that. One more question if you don't mind me asking, I was thinking about applying for University and one of the courses requires co-op placement and handling money. Do you think that will be a problem? It'd be awkward telling my teacher I couldn't partake in it because, well, I'm a criminal :confused:



I think you have to ask someone - if you don't I see this could be uncomfortable if there's a problem, if someone runs a background check now or later.

And I'll bet you're not the only one in your shoes.

What is the difference between getting your record expunged and applying for a pardon? Do they serve the same purpose? I haven't the term expunged being used in Canada but everyone I've talked to told me I could get my record expunged by hiring a lawyer, I just finished talking to one and he told me to apply for a pardon. Argh.

You get your record explunged, normally if you wait about 10 years afterwards and have not had any other problems, show you had steady work and did something with your life basically. You then go back to the same court where you were convicted ( plead guilty) and ask that judge to explunge the record, Then it will not be open to the public, but only open to national security or the police.

A pardon clears your record, but actually still shows up for national security, but is a lot harder to get.

Hello again, throw:

A pardon acts like the conviction NEVER happened. An expungement, on the other hand, just hides it from view. However, the cops can see an expunged record and it WILL be used against you by the authorities.

A pardon is probably harder to get because it's more effective. But, it all depends on your state laws, and the effectiveness of your lawyer.

excon

I finally realized why my criminal record is still open, you guys were right lol. I did plead guilty to a theft under charge and was sentenced to one year probation. All of my other charges were either conditional/absolute discharges. When I apply for a Pardon that masks my one charge, not those that were discharged correct?

I'll get around to telling this to a lawyer sometime soon. One more question, without the use of a lawyer how would I find out how much time passed since my last conviction?

Thank you all.

Hi Throwback, I know someone in the same situation, so please confirm what you said in your last post, you did not receive a conditional discharge for a theft charge or you did? I am under the same impression as you that a conditional discharge will be removed from your record after three years automatically but I am also confused as what exactly that means. I believe that some higher level systems will still be able to see this however a simple background check will not actually show it. Does anyone have any more information on this and also this is in Ontario so Canadian laws apply. Thanks,

Hi Throwback, I know someone in the same situation, so please confirm what you said in your last post, you did not receive a conditional discharge for a theft charge or you did?? I am under the same impression as you that a conditional discharge will be removed from your record after three years automatically but I am also confused as what exactly that means. I believe that some higher level systems will still be able to see this however a simple background check will not actually show it. Does anyone have any more information on this and also this is in Ontario so Canadian laws apply. Thanks,

I received a conditional discharge for almost all my charges except was forced to plea out in one theft under charge. I got caught shoplifting a game from a store with a friend of mine.

Do you think I need a lawyer to help me out with getting a Pardon or is it straight forward enough for me to do it myself?

I received a conditional discharge for almost all my charges except was forced to plea out in one theft under charge. I got caught shoplifting a game from a store with a friend of mine.

Do you think I need a lawyer to help me out with getting a Pardon or is it straight forward enough for me to do it myself?


From the Canadian Pardon Centre - sounds complicated and I'm not sure it can be done correctly without an Attorney.

"A 3 year waiting period is required for summary offences while a 5 year waiting period must be met for indictable offences. If you are not yet eligible for a pardon it is still worth your time to begin the application for pardon process.

The application for a pardon requires correspondence with the RCMP, the courts and the police. It can be a lengthy process. The sooner the application is finished the sooner the pardon can be granted. Alternatively, if you start the application only after your waiting period is complete it will take another year and a half (minimum) after that date to be granted a pardon. By starting the pardon application immediately, the package will be ready the day your eligibility begins and you will have saved yourself valuable time and money."

Do you think I need a lawyer to help me out with getting a Pardon or is it straight forward enough for me to do it myself?Hello again, throw:

Couple things. I think you're only going to get one shot at this, so I'd make it the BEST shot I could...

Yes, I think you could probably do all the paperwork OK without a lawyer... But, when the hearing comes, you're going to have a prosecutor on the other side of the table telling the judge ALL the reasons YOU are a very bad guy, and should probably STILL be in jail.

Therefore, I think you're going to need an equally capable attorney telling the judge how wonderful you are, and you should be elected to congress.

excon

So, excon and Judy, please advise if I am under the correct impression that with a conditional discharge once the conditions have been fulfilled and the discharge becomes absolute then after a three year period the person would not have to do anything, the record of this should be removed from the system except maybe for a very advanced search? It is just because throwback was convicted of one charge that he did not get a conditional discharge for that he should apply for a pardon? Thanks,

Hello emery:

Couple things: I don't know ANYTHING about "conditional discharges", or YOUR case, or YOUR situation. However, I wouldn't trust that anything AUTOMATICALLY happens in terms of your records.

Plus, I didn't say he SHOULD apply for a pardon. I just told him HOW - ASSUMING he's eligible, and I don't know that either.

excon

Hello emery:

Couple things: I dunno ANYTHING about "conditional discharges", or YOUR case, or YOUR situation. However, I wouldn't trust that anything AUTOMATICALLY happens in terms of your records.

Plus, I didn't say he SHOULD apply for a pardon. I just told him HOW - ASSUMING he's eligible, and I don't know that either.

excon




- what he just said.

On a unrelated note, I was wondering, when does one become an Adult? I'm having problems making the distinction between the two because of websites like this:


If you were convicted under the previous Young Offenders Act , or as of 2003 referred to as the YCJA, Youth Criminal Justice Act, your record should be removed after the requisite waiting periods have expired. If you were convicted under a prior Act, your record will probably still be on file with the RCMP and the local police agency. If you are also charged and convicted after becoming an adult, your young offender record may become 'locked in' and form part of your adult record.


Wouldn't anyone under the age of 18 be considered a Youth? Every Lawyer I get on the phone with is giving me recommendations, this is really confusing :mad:

Also, would I be able to get a copy of all my court records to see how all my cases went down?


You do not need to apply for a pardon for a youth record, because your record will be destroyed or sealed. However, if you were found guilty and received an adult sentence, or if you committed a crime as an adult while your youth record was still open, your youth record becomes part of your adult record, and neither will go away without receiving a pardon.

http://www.justice.gc.ca/eng/pi/yj-jj/information/rec-dos.html

Found this on the Department of Justice website. Argh...

I thought I'd return to tell you how it all played out. I sent my finger prints to the Royal Canadian Mounted Police for a full criminal record check. After a lengthy wait, this is what I received in the mail.

Dear Sir/Madame:

This certifies that a search of the National Criminal Records repository maintained by the RCMP concerning the person whose fingerprints, name and date of birth appear below could not be associated to any existing Criminal Record of conviction which may be disclosed in accordance with Federal Laws.

The fingerprint originally submitted to process this application has been destroyed.

Isn't this great? I guess my youth record was sealed some time in between August 20th-Dec.17th. I've never been so happy in my life, honestly, never! Should I bring my Certified copy to the police HDQ? How would I know if they sealed my file? Thanks!