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    wwarei's Avatar
    wwarei Posts: 8, Reputation: 1
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    #1

    May 7, 2012, 07:45 AM
    Conditional Discharge in Canada in 2007
    -In 2007 I was not convicted I received a conditional discharge
    -I was 18 at the time..
    -it was theft under
    -1 year probation which was completed
    - I have had a record check done for my current job and it came back clean
    -I am currently writing a letter to the charging police agency to have a file destruction of prints and photographs (as that's the procedure I was told)
    -I have recently obtained a job in an international organizationa and may be required to travel to the US for training at head office
    -My boyfriend is living in the states as well
    -I have never set foot in the US
    -I have never had a single parking violation/ticket of any type(no idea what that may effect)

    Am I going to have ridiculous issues at the border when I cross, can/will I be denied?

    Any thoughts or comments would be helpful as I have been losing sleep for a long time over this issue, especially since getting the job



    *back story in case it would matter*
    -I was with a friend - she dropped something in my purse(without me noticing)
    - we were greeted by store security and had to wait for police
    - needless to say we haven't spoken since 2007
    - I plead guilty as I felt I could have prevented it
    (we had gone out shopping after I got off work, I had my work purse which was more or less a zip up totebag with a back pouch that stuck together where I'd put things for easy access i.e.. Wallet, water bottle, gum, car keys. When we entered I oddly enough had my wallet in my hand instead which is not normal for me but it was a quick in and out visit, to buy a case of water on sale. I felt as though I could have prevented it and presented an opportunity for her to do this, she was also caught with perfume etc on her... she practically raided the god damn store and took me down with her.)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 7, 2012, 07:51 AM
    [QUOTE=wwarei;3109758Am I going to have ridiculous issues at the border when I cross, can/will I be denied?[/QUOTE]


    I don't know that US Homeland Security concerns are ridiculous. It's on a case by case basis. The bitter truth is that there are enough shoplifters in the US and Homeland Security is encouraging importing any more.

    Your record may or may not be discovered when Homeland Security "runs" your name. I've seen it happen both ways. The record which Homeland Security sees is NOT the same record that a local Police Department sees. Removing it from the "locals" does not remove it from the Federal (US) records. This "appears" to be a minor offense BUT you it also sounds like you were found guilty. I wouldn't bet either way.

    Consideration when there's been a guilty plea OR a person has been found guilty and excluded from the US is on a case-by-case basis. You can apply in advance OR wait until you attempt to cross. If you are denied, then you could apply.

    Your employer didn't ask you about a criminal record when travel into another Country is involved?
    wwarei's Avatar
    wwarei Posts: 8, Reputation: 1
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    #3

    May 7, 2012, 07:55 AM
    That's the thing... I don't have one according to anything ran canada wide and I never required a pardon I have a clear certificate of conduct based on what the RCMP gave me
    wwarei's Avatar
    wwarei Posts: 8, Reputation: 1
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    #4

    May 7, 2012, 08:09 AM
    I should clarify what I said above I have been told that my conditonal discharge is out of CPIC the only thing left that could come back are the things on the local level as in prints and photograph which is what I am taking care of now
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    May 7, 2012, 08:23 AM
    Quote Originally Posted by wwarei View Post
    thats the thing... I dont have one according to anything ran canada wide and I never required a pardon I have a clear certificate of conduct based on what the RCMP gave me

    Your record is not erased from Homeland Security's eyes.

    A pardon does NOT change the fact that you were arrested and convicted.

    You are talking about entering another Country. Entry from the US into Canada is a privilege, not a right. Same way the other way around.

    And I'm ex-US Customs, by the way. I'm not making this up OR giving you a hard time.
    wwarei's Avatar
    wwarei Posts: 8, Reputation: 1
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    #6

    May 7, 2012, 08:39 AM
    I don't think you fully understand my situation I was not convicted a conditional discharge is a lesser punishment given in Canada to avoid a conviction record.. My prints and photo graph are non conviction records

    I understand what your saying but homeland security at this point would have nothing on me as I have not travelled to the us ever they would have had no reason to download my record

    As far as I have been told us border services consults cpic I just asked the question to know if there was any steps I was missing or if anyone knew if I had to do anything further past cpic purged back when the 3 yr mark after sentence and requesting local files be destroyed
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    May 7, 2012, 09:04 AM
    Of course HL Security has a record of you. You're not understanding. HL Security and Canada and many other Countries share the same computer records.

    Do you think a record in one Country is not available to another?

    You were arrested. You entered a guilty plea. The sentence does not matter. The arrest does.

    I have no idea what US Border Services is. Border Patrol?
    wwarei's Avatar
    wwarei Posts: 8, Reputation: 1
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    #8

    May 7, 2012, 09:30 AM
    I was under the understanding that the cpic record system is what they check at the border and that it was updated on an individual basis
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jun 10, 2012, 12:56 PM
    Same question, slightly different circumstances a month later - https://www.askmehelpdesk.com/immigr...ml#post3147500

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