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    exlr8's Avatar
    exlr8 Posts: 2, Reputation: 1
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    #1

    Dec 28, 2011, 03:59 PM
    Released With Prejudice
    Back in 1997 my friend and I were on a summer trip to California when we stopped in Tucson AZ at a hotel. In the middle of the night, we were woken by the local sheriffs asking to open my trunk. When I opened my trunk, there were 4 boxes that were wrapped in Duck Tape, and we were arrested immediately charged with trafficking. 4 days later we were released "with prejudice" and charges dropped.

    Last week while travelling to Niagara Falls, I was stopped at the border. I have been going to Canada for 10 years and this was the first time I had been stopped. When they ran my passport, they denied me entrance due to my NCIC record having said trafficking.

    I called Tucson Clerk of Courts, and they had no record of me or a case number to lookup. When I explained my problem, they told me that I had to contact the NCIC.

    When I call them, I want to make sure I know my options. Can anyone help?

    Thanks in advance
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 28, 2011, 04:02 PM
    Have a criminal report ran first, to see what it is saying
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Dec 28, 2011, 04:03 PM
    I don't understand what you mean by your options.

    Call and see what is being picked up. You may need to furnish proof of the dismissal in California. It could also be somebody's record and your name.

    Also - entering Canada is a privilege, not a right. Canada can refuse admission just because someone has decided "they" don't want you in Canada.

    Contact Canadian Immigration and ask a direct question - or attempt to cross and when you are turned back ask to see a Supervisor.

    (I'm former US Customs, actually worked the Canadian border.)
    exlr8's Avatar
    exlr8 Posts: 2, Reputation: 1
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    #4

    Jan 1, 2012, 03:55 PM
    I really don't care about getting back into canada... I'm concerned because I thought that when the charges were dropped this was over. Now, because of a prank, I'm having to deal with this 13 years later.

    So, what are my options with NCIC trying to get this off my record. I really don't want to hire an attorney unless I truly have too.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 1, 2012, 03:57 PM
    Quote Originally Posted by exlr8 View Post
    I really don't care about getting back into canada.... I'm concerned because I thought that when the charges were dropped this was over. Now, because of a prank, I'm having to deal with this 13 years later.

    So, what are my options with NCIC trying to get this off my record. I really don't want to hire an attorney unless i truly have too.

    Basically you can't - it will always be visible to the Government (or Governments) and certain background checks.

    Your only hope is to get it expunged. For that you need an Atttorney.
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