I was convicted in 1979 of theft under $200 249 (B) cc is this a summary conviction? I got Suspended Sent & Probation
I stole a Canadian flag in a drunken bet now US Customs is asking if it is indictable? How can I find this out

US immigration at the customs stop should know by the criminal code what it is. But no it sounds like a violation of criminal code not a status offence. You can go to the court clerk at the court this was done and review the charge and the level of it.

Also was this change not explunged ? Or was it suppose to be ?

It was sealed under a granted Canadian record suspension. The charge is so old 1979 I can't get the actual record and all I have is a summary. Could I get a sworn affidavit?

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Originally Posted by MongooseMarty

it was sealed under a granted Canadian record suspension. the charge is so old 1979 I can't get the actual record and all I have is a summary. could I get a sworn affidavit?

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I don't know what year it occurred but a long time ago all theft was indictable. So, back in the 1970s... I'm thinking it was indictable. You have 3 options:

(a) Go to court house and order the court document... if they can find it, it will confirm one way or another;
(b) Go to law library near you and have the clerk help you order a copy of the excerpt from the criminal code which confirms if it was a hybrid offence at the time... but, if you can't prove the court elected to proceed summarily, by default it is indictable.
(c) Option #3 is to hope that you gave the Parole Board a copy of your court documents when you applied. You can contact them and see if they still have a copy of your old application and supporting documents.

I'm assuming you want to prove it is summary to gain legal entry to the US? Unfortunately, I believe due to the age of the conviction is could only possibly be indictable... but to be sure... you can try the above.

Debbie Ward, Pardon & Waiver Specialist