PDA

View Full Version : How are "Absolute Discharges" handled at the U.S. border?


jcm888
Mar 29, 2012, 04:18 PM
I was charged with shoplifiting 10+ years ago and received an "absolute discharge". I have since (as recently as last year) travelled to the US and told them of the charge and outcome when asked; I've been delayed for more questioning and they "ran" my name. I've not been denied entry on the several occasions I travelled to the US. I am curious if anything would actually show up in Canadian or US records searches if I indicated at the US border that I've not been charged or fingerprinted when they ask.

xsosorry
Mar 30, 2012, 07:02 PM
I am definitely not an expert, but an absolute discharge is supposed to be removed from the CPIC system after 1 year, so they shouldn't be able to find anything. If they ask if you've been convicted, you can honestly say no. If they ask if you've been arrested or charged, that's a different story. Honesty is always the best policy when crossing the border, but I have heard of people being denied once they informed the border guard that they had a pardon, even though their criminal record was sealed (a pardon is not recognized by the US, but if you have one, the US will not be able to find your record). If you have any use for it, you can apply for a file destruction to have your fingerprints and photographs returned to you (although, I have also heard that those are removed along with the discharge). A file destruction can also remove your local arrest record, which is the only thing I could see holding you back.