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natalija · Dec 11, 2006, 02:53 PM

Hello

Here are the info :

What are provincial offences?

Provincial offences are non-criminal charges, primarily laid by the police, including those committed under the following:

* Highway Traffic Act - such as speeding, careless driving, or not wearing your seat belt
* Compulsory Automobile Insurance Act - such as failing to surrender your insurance card, or possessing a fake or invalid insurance card
* Liquor Licence Act - such as being intoxicated in a public place or selling alcohol to a minor
* Trespass to Property Act - such as entering premises when entry is prohibited or failing to leave premises after being directed to do so
* City by-laws - such as infractions under Ottawa's noise, taxi and animal care by-laws

Most provincial offence charges result in out-of-court fine payments. Citizens issued with provincial offence tickets should read them carefully for a complete list of their payment and trial options.
And an example of the ticket that I paid :

Tell me if it shows in my record , like security clearance and any background check in canada. The reason of the ticket was shoplifting

Thanks
Natalija

natalija · Dec 11, 2006, 04:36 PM

No one wants to respond to me?

Plsssss

excon · Dec 11, 2006, 05:00 PM

Hello again nat:

In my opinion, nobody wants to respond to you, because you were told, in minute detail, exactly what to do. You didn't do it.

I don't think it was malicious, on your behalf. I just don't think you understood what you were being told. I still don't think you understand your situation. Further advice would be pointless.

excon

natalija · Dec 11, 2006, 06:15 PM

Hello

I did what I had to do, I paid te fine. But now I want to know whether this ticket will show in my security clearance or not.

Thanks
natalija

Fr_Chuck · Dec 11, 2006, 06:29 PM

I can not tell you on Canada, I know in the US, that traffic offenses show up only on a traffic check ( which is also done to get a national security clearnance)

In the US, auto insurance shows up on the traffic report, which is also ran for a national security report

In the US tresspassing falls under criminal code and is included

In the US, city laws are divided under code offeness ( tall grass, trash on property) which are not part of the criminal record, and criminal charges, from possession of drugs, to littering.

Even among the states in the US, some charges vary, but on the NCIC, national records, all criminal charges are shown, including tresspassing.

But for a national security background check, they also run a traffic report which includes any and all traffic offenses.

natalija · Dec 11, 2006, 06:34 PM

Thanks so much. Anyone knows about rules in Canada regarding the above matters that Chuck mentioned and my case.

I appreciate your help

Natalija

natalija · Dec 11, 2006, 09:11 PM

According to " http://www.winnipeg.ca/finance/findata/matmgt/documents/2002/160-2002/160-2002_Bid_Opportunity.pdf"

"To obtain the security clearance, the person must be free of any convictions or pending charges related to property offences or crimes against another person

Since my English is not good enough I appreciate if anyone tell me what does it mean "pending charges related to property offences" so my case is including to the three above condition? Again what I got at the same day is "Provincial offence notice ticket" exactly something like traffic ticket, and had to pay fine to the treasure of the city.

Thanks a lot, and sorry to keep asking.

Natalija

natalija · Dec 11, 2006, 09:47 PM

What does "non-moving violations" mean? Is shoplifting included?

"THE OFFENCE NOTICE

The Offence Notice is issued for parking or non-moving violations. The Offence Notice is given by the Municipality where the offence occurs.

Penalty: A fine, which increases as time passes to encourage early payment. If the fine is not paid it is possible that a summons will be issued and you will be required to attend court. The amount of the fine and when it is due is stated on the ticket.

To Dispute:
Go to City Hall and follow the procedure described by the clerk. "

natalija · Dec 12, 2006, 12:31 AM

Here says "Can employers, community agencies and educational institutions find out if I have criminal record?

Only if you give them your consent in writing. In Canada, no one can find out if someone else has a criminal record unless the person gives their consent. If you sign a consent form, then employers and others can get a criminal record check done. A criminal record check will only tell if you have a criminal record or not. Any crimes you were convicted of will not be listed. If you have a criminal record, the only way someone can see it is if you get a copy for them. You can get a copy of your criminal record by mailing your fingerprints to the RCMP (see Step 1). "

So , do I have a criminal record ? I know I am not convicted but I am not sure if I have criminal record or not?

Thanks, and sorry to post lots of questions

natalija · Dec 12, 2006, 12:34 AM

This is canadian law" If you have been convicted of a federal offence, you will have a criminal record. A criminal record can hurt your career, job opportunities and ability to work in certain professions and ability to travel. A pardon removes some of the limitations of having a criminal record."

So it means I do not have a criminal record, because I did not get any federal offence. But I HAVE TO CLAIM THAT I WAS ARRESTED and I have a police record .

Am I right?

excon · Dec 12, 2006, 04:52 AM

Originally Posted by natalija

[ do I have a criminal record ? I know I am not convicted but I am not sure if i have criminal record or not?

thanks, and sorry to post lots of questions

Hello again, nat:

Here's the part you don't understand. You ARE convicted!! When you plead guilty, that's a conviction. That's what you were told NOT to do, and you did it.

YOU ARE A CONVICTED CRIMINAL. YOU HAVE A RECORD.

excon

PS> (edited) Let me end with this; there's no shame in not knowing the law. MOST people don't. Way, way back in the beginning, I told you to see a lawyer. You said you were too shy. I didn't understand it then - I don't understand it now. You're certainly not shy about asking US questions.

The shame here is, you went down, NOT because of your crime, but because you didn't listen to the good advice you received.

ScottGem · Dec 12, 2006, 07:15 AM

Originally Posted by natalija

"To obtain the security clearance, the person must be free of any convictions or pending charges related to property offences or crimes against another person

Theft probably falls under Property Offences.

But this all really water under the bridge now. Its DONE! You signed the ticket and paid the fine. You pleaded guilty. You can't turn back the clock. So you just have to wait for the security clearance to be denied or not.

Nothing else you can do but wait it out.

natalija · Dec 12, 2006, 09:00 AM

But no one told me " not to sign the ticket" . Every one told me pay the fine and take it easy. What can I do now? Help. I want to drop it, help

natalija · Dec 12, 2006, 09:03 AM

Scott, helpme. Am I convicted now, because I sign plead the guilty? Am I ?
It was provincial offence notice

Help, I am in a very bad shape now

ScottGem · Dec 12, 2006, 09:18 AM

Its not a conviction per se. A conviction occurs when you plead not guilty in court and the court finds you guilty. You pleaded guilty and paid a fine. That will go on your record. But AGAIN we can't tell you with certainty, that this will impact on your security clearance. And AGAIN, there is nothing you can do about it. Its water under the bridge.

We don't know what shape you are in. All you can do now is wait it out. There is nothing more you can do or we can tell you.

natalija · Dec 12, 2006, 10:09 AM

I called and asked, they said: it is concivted and it shows in my record, any kind of background check. I called the post office I went yesterday, they said they sent it this morning. I calle dto the centralpost office they said , they try to resend it to me
I called to the treasury offence court, they said as soon as they get it it goes in te computer and itr shows that I am guilty and it shows in my records. The ;lady advised me to go next week and fill a form to go to the court to plead not guilty

If and only if I knew that if I sen dmy fine this happens, I would not do that. The reason that I was insisting on asking about security clearnce wa sthat the police had a record of me because they gave me a ticket , and no one told me not to pay te fine, some one told me at the very beginning pay the fine and accept that you are guilty. I think it was my misunderstanding or yours

Thanks anyway
N

ScottGem · Dec 12, 2006, 11:04 AM

Nat,
But you WERE guilty! Even if you had pleaded not guilty and took it to court, then you would have been convicted anyway.

natalija · Dec 12, 2006, 11:26 AM

So why at the beginning you said it is not important just try to avoid going to the court. It meant that my only option is I send my fine and plead to guilty

Did I confused you? I wish I double check it again before I acted

Now do you think a lawer can drop the case later on

ScottGem · Dec 12, 2006, 11:38 AM

I apparently missed the issue of this ticket and the fine. I told you to consult an attorney. Maybe an attorney can get this resolved. I don't know at this point.

natalija · Dec 12, 2006, 11:55 AM

If the post office can not cancel the money oreder I sent (they said it is 50 50) I will go to the place and REOPEN the case. Then it does not show that I am guilty. I will see later on a lawer.

Do you think my depression and anxiety problem can help?
Do you think a lawer can drop the case, not to prove that I am not guilty. We agree that I am guilty but I do not want to show in my record because I need to get a job and also I want to sponsor my little sister to come here from overseas... IS it possible?

Where are you bhayne? Say something , you are familiar with canadian system

Thanks
N