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    natalija's Avatar
    natalija Posts: 48, Reputation: 2
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    #1

    Dec 13, 2006, 12:06 PM
    It is not a criminal offence
    Hello

    I would like to ask your idea about this"

    I called to the Treasure of the city of ottawa (the court), I asked my questions and a lady checked my offence number.
    It shows in their record "tress pass to property", she said it is not Criminal offence. If I reopen the case and finally I will be convicted , it does not mean I am convicted , because they do not deal with criminal cases there and they do not finger print me in the worst case.

    I also consult with some one who is a pardon counselor , she said If I go to my local police and ask for my criminal background, if it shows any, it means it shows every where, in my security clearance, in my background check and also I will have trouble when passing the border to go to the US. Otherwise I will be fine.

    I asked again, I sign that I plead guilty and gave my fie and you say that I am not convicted, she said that, because they are not dealing with criminal cases, she said if your case was criminal case, you had to go somewhere else to pay.

    How much I can rely on these words.

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

    Dec 13, 2006, 12:45 PM
    My understanding of Candadian law, which I have learned from sites like this, tresspassing is not considered a "criminal act" thus you are not a criminal after you are found guilty.

    Now this does not mean there is not a record of it, and that a government agency doing a background search can not find a copy of that record.
    It is only that like in the US where traffic offenses are not considered criminal in many states, it is not a criminal offense.

    You should not have any trouble with this on standard job background checks, but a government clearance check will most likey find it, ( but again it is considered a minor offense and should not hurt if it is found normally)
    It should not stop you from getting a passport.

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