Seven years ago, I worked part time in a small retail store. As a result of theft at the management level, it was made to look like I was the thief, I was charged for misdirecting company funds and subsequently charged with theft under 5000 dollars.
On the morning of one of my shifts, the till float was short by 40 dollars, I called my manager to ask what to do and she made it clear to leave it as it was and to make certain that the nightly bank deposit added up accurately. She said that she would make up the 40 missing dollars. Of course at the end of my shift the bank deposit was 40 dollars short, so I merely did what my manager directed me to do. I used 40 dollars of the till float to balance the bank depsoit.
Two days later, I was called in to the store and the police were there and they said that they were going to charge me with theft. I explained where that money was and why and who told me to do that and of course my manager denied it. I was charged with theft.

I went to court 2 times and plead not guilty and on my 3rd court appearance, I was asked straight out if I took the money from the till float to make up the shortage in the bank deposit. I said yes I did and the judge said then you are guilty.
I was put on probation for 6 months, paid an fine and also paid back the missing 40 dollars. I also lost my job.
6 months after my charge, I received a phone call from the retail shops head office. They had finally caught the thieves (both managers) and asked if I would testify against them. I gladly woud have, although I was informed that because I had also been charged with theft, that disqualified me from testifying against them.
The company tried to reverse the charges, although, they were told that it was too late because it had already gone through the courts.

(I apologize for this lengthy story, however, this is such a horrible case of a messed up justice system, it's hard to believe that this can happen in Canada)

I recently got married to an American man and I want to move to the USA as soon as possible, however with this criminal charge in my past, this is becoming a nightmare.
I was informed that I will need to apply for a USA entry waiver, however, I also found out that theft under 1000 dollars does not require a waiver and at this point I am uncertain what to really do... or believe.

I am looking for information and the right answers and direction... I sincerely hope that someone out there can help.

Thank you from my heart

Bridget

Was it an adult criminal record?


I was informed that I will need to apply for a USA entry waiver, however, I also found out that theft under 1000 dollars does not require a waiver and at this point I am uncertain what to really do... or believe.

I'm near certain that it'd be a Theft Under 5000 charge. Even if you steal a candy bar, Theft Under 500 is applicable no matter how small the amount may be. And I believe you'd need to apply for a waiver. Why haven't you appealed the decision? I'd get a lawyer and take this as high as I could.

Was it an adult criminal record?



I'm near certain that it'd be a Theft Under 5000 charge. Even if you steal a candy bar, Theft Under 500 is applicable no matter how small the amount may be. And I believe you'd need to apply for a waiver. Why haven't you appealed the decision? I'd get a lawyer and take this as high as I could.

Thank you for your response. Yes, unfortunately it was an adult criminal charge.
I have entertained the prospect of obtaining a lawyer and fighting this to the end, however, I have also weighed and measured the all the fee's and ridiculous amounts of time and money that obtaining a lawyer would result in, and the numbers clearly indicate that in the long run it would be less expensive to apply and eventually obtain a usa entry waiver.
I am currently following new information that I stumbled upon, via internet. If the court documents state that I was charged with a indictable offense, I will most definetely require a usa entry waiver, however, if the charge was handed out as a summary conviction, I will not require a usa entry waiver. (Because this happened 7 years ago, I am slightly foggy as to what to actual wording of the charge was, I will find that a.s.a.p and go from there)
It is a travesty of justice that a 40 dollar mis-direction of company money could in fact be treated in the same manner of crimes as murder, rape, diliberately causing serious bodily harm, sexual abuse to a child and drug trafficking!! That decision is held in the individual hands of our Canadian legal system. The laws are so gray and sketchty when it comes to theft and mishandling of property. One practiacally needs to consult with an attorney before getting dressed in the morning, I'm certain that there is probably some screwed up law written in the criminal code about that as well!
I will continue my quest to obtain permission from the high ranks of goverments, so that I can actually be with my husband and begin our married lives together.
It is incredibly hard to believe that convicted murderers are allowed conjugal visits and yet because I was charged with an innocent crime, I am treated worse than that??
So much for justice!

Seriously pissed off in Canada-land:mad: