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evalihong · Feb 23, 2011, 09:18 PM

Theft Under charge was withdrawn, How can I get into US boarder without trouble?

I was arrested of theft under $5000 on August in Toronto,Ontario,Canada. and then I was in the diversion program and finally my case is withdrawn recently. My question is that will I have any problem when I getting into US boarder? Will the officer deny my entry? I am really worried and thanks you all who could help me out.

tickle · Feb 24, 2011, 04:03 AM

Your charge isn't withdrawn if you were charged and you were in the diversion programme. You still have a record. You can try, with a Canadian passport to go across and see what happens.

Tick

evalihong · Feb 24, 2011, 07:58 AM

Thanks Tick.

But my lawyer keeps saying that my charge was withdrawn last week. He told me that I did not receive a discharge or a conviction. And it is actually a summary offence which means that it was a minor charge.

I am really confused now.. Somebody told me that I need to go to local police office and ask them to remove it from the system. Any other said I don't have to worry about it because no conviction means no problem.

Please... show me the direction... thanks a lot.

tickle · Feb 24, 2011, 10:11 AM

I would, if I were you, go to the local police and talk to them. Your lawyer should know what is going on, after all he has access to records concerning your conviction/non-conviction, whatever it is.

I don't understand either, then. If you were in the diversion programme why were you if the charge was withdrawn.

Go to your local division and have them give the proper answers, every case is different and handled a different way.

Tick

evalihong · Feb 24, 2011, 05:58 PM

The charge was withdrawn just after my diversion program was done. Before I was enrolled in the diversion program, I don't have withdrawn conclusion. It was just sentenced after the court satisfied with my diversion done.

Fr_Chuck · Feb 24, 2011, 07:47 PM

Ok, yes on the report that any non government employer will see, after you do the diversion program, nothing shows up.
But the conviction, the diversion program and the changes being dropped as a result of the program will show up on government records,

With that said, you should not have any issue getting into the US.

evalihong · Feb 25, 2011, 12:50 PM

Thank you so much, Chuck. :)

JudyKayTee · Feb 25, 2011, 01:57 PM

I'm going to disagree - I'm ex-US Customs, by the way.

The US Government CAN see the arrest, although the average background check will not.

The charge may or may not keep the person from entering. It's on a case-by-case basis.

Some of this depends on the sentence the "crime" WOULD have carried if not for the diversion program.

Dropping the CHARGES and WITHDRAWING the charges after diversion are two different things. WITHDRAWING involves a guilty plea (in most cases), an admission to the crime.

As Canada has made it more difficult for US citizens to enter (excluding people for many minor infractions) the US has made it difficult for Canadians to enter.

TERESITA1975 · Apr 8, 2012, 11:08 AM

If I have been charge for theft under 5.000, can this case affect ma residence process in canada ? I am in my 2 step from H&C.

JudyKayTee · Apr 8, 2012, 11:17 AM

Yes, it can bring the process to a stop and you can be deported.

You need to speak to an Attorney.

TERESITA1975 · Apr 8, 2012, 11:22 AM

Thnaks for your answer but what could happene if I go to the inversion programm and my charges go withdraw?

JudyKayTee · Apr 9, 2012, 04:19 AM

It's diversion, not inversion - and you can still be prohibited from entering the US.

Even if the charges "go withdraw," the arrest remains visible on a Government search.

cxm · Sep 13, 2012, 09:46 PM

Did you manage to cross the US custom without any problems?

cxm · Sep 13, 2012, 09:48 PM

Originally Posted by JudyKayTee

It's diversion, not inversion - and you can still be prohibited from entering the US.

Even if the charges "go withdraw," the arrest remains visible on a Government search.

What if a diversion record is purged and files are destroyed after diversion is completed?

Gary888 · Oct 29, 2013, 12:35 PM

You can request for the arresting police station to destroy your record/fingerprint. Usually they would have a form you can fill it and send it to the address they provide you. It will take at least 4-6 months as the local police would request RCMP to destroy the record. If RCMP agrees which mostly do, they will process it. At this time it is NOT RECOMMENDED to travel to US, it could Shaw up and it will be in your record on the US border forever. If you have to travel which is not recommended, keep the record of the court specially if your where not requested to plead guilty in order to get the case withdraw.

If you wait until the process is completed, it will not show on US boarder unless they want to do a deep search which could depending on what RCMP decided to keep depending on the case.