I received a conditional discharge in canada for a summary offense of theft under in 2007... all terms have met and all records since have been purged


Conditional discharge is equal to conviction in the USA


Does this mean that I will not be able to move to/work in/travel to the USA?

It's on a case by case basis. I will say no, you will not be allowed to enter.

Here's what the Canadian Government says on the subject: http://canada.usembassy.gov/visas/visas/criminal-ineligibility.html

Please stop opening new threads with the same question - https://www.askmehelpdesk.com/criminal-law/conditional-discharge-canada-2007-a-658002.html. I've answered you before. You may not like my answer, but a new thread isn't going to change the law.

Did you read what I posted?

I have seen other people with different answer then you gave me... if you don't like me trying to get a second opinion don't post please... it's like when I go to a doctor sometimes I like a second opinion.

You do not understand the situation I am in at all "Not all criminal convictions create an ineligibility " ...", a pardon issued by Canadian authorities is not recognized for purposes of entry into the United States. " I did not need a pardon. I also no longer have a record in existence as a condtional discharge gets purged after 3 years and it has been 5... the purpose of a conditional discharge is a lesser punishment then a conviction...

There's also something called petty offense exception.. so please if you do not fully understand my issue don't conitune to post the same thing I do not want a law changed I am looking for a second opinion which I felt I have the right to..

You might want to read the AMHD rules concerning repeatedly posting the same question. AMHD doesn't see it as getting a second opinion.

I'm well aware of what you are asking - as I believe I've told you, I'm ex-Homeland Security.

At any rate - "Some people believe that a conditional discharge will simply disappear over time. This is not the case. Your fingerprints, photos, court and police records can stay on record until you apply for a File Destruction.

The Americans do not distinguish between a suspended sentence, regular conviction or conditional or absolute discharge. If they uncover your criminal record, they have the right to refuse you entry to the US. If this happens, then you will require a US Entry Waiver (I-192 or I-194) to re-enter the US. This process is expensive, complicated and lengthy."

I am also reading - "A conditional discharge occurs when a person is found guilty but the judge enters a discharge instead of a conviction. There are two kinds of discharges; conditional and absolute. A conditional discharge comes with requirements such as probation, counselling, etc. which must be fulfilled before the conviction is discharged, whereas an absolute discharge is immediate. If the conditions are not fulfilled, then the person is convicted of the original offence and sentenced accordingly." For US purposes you were found guilty. I note you did not get an absolute discharge; therefore, there were conditions which you had to meet.

The file needs to be destroyed - not purged, not something else. So apply to move to/travel in/work in the US, come back and prove me wrong.

This is technically a different question my other one was strictly about travel... then is on moving to working in or travel

It has been a file destruction...

Petty offence exception? How would that apply to me?. oh wait you didn't read my whole post... or refused to comment on?

I'm not looking to move or work there for a few years. I am curious now.. as I should be now

I'm not looking for a argument I am looking for someone willing to help me with advice that applies to me... including the exception I had mentioned

FYI when I posted this I knew what I was getting into with you looking down on me yet again and treating me like I know nothing just like the last time

Here's the explanation - only you know how you were charged and what the sentence COULD have been. Inadmissibility to the U.S. & the Petty Offense Exception (http://www.berardiimmigrationlaw.com/us-immigration-canadians/35-canadians/78-inadmissibility-to-the-us-a-the-petty-offense-exception)

This is a very good example of why a person should not enter a guilty plea if he/she is not guilty - the circumstances of your arrest were -you were carrying your wallet in your hand (not in your purse), your friend dropped "practically the whole g*damn store" into your purse, you had no knowledge, you entered a guilty plea because you thought you could have prevented the shoplifting and you provided the opportunity for her to shoplift.

Never enter a guilty plea if you aren't guilty.