[deeplysorry]

Three weeks ago I was arrested for shoplifting and charged with theft under $5000.00. The amount I took was $191.00. Although this is my first offence as an adult, when I was 16, around 12 years ago, I was arrested for shoplifting but given a conditional discharge. It was later removed from my criminal record. When I was arrested a few weeks ago, the cop did run my record and said it was clean. Since than I have started counseling and received a letter from my doctor saying I do have OCD traits. I have an extreme fear of not having enough money. My husband and I have 4 kids, and I worry all the time.

My first court date is July 23rd. I am so nervous. I am more ashamed, I'm not eating, or sleeping. It was such a horrible mistake. I have spoken to a few lawyers, they say I should be eligible for the diversion program. My main concern is my husband and I are supposed to go to the USA in September, and I know if I have a conviction on my record, they will not allow me to enter. I do not want my horrible mistake to affect my husbands dream trip. I have spoken to USA border services, and a few bridge officers, who say if given the diversion but it's not completed before the trip, to bring my court papers and there's a chance they'll allow me in if circumstances are explained.

Does anyone know more about this? If I will get diversion, and how long the process takes? I'm nervous they will say community service hours, my husband works nights and I work full time, that would be hard, but whatever has to be done.

I know I made a horrible mistake, I'm so sorry. I'm a wife and a mother, I shouldn't of put this classification on myself. Any help anyone can provide I'd appreciate it.

[JudyKayTee]

Diversion varies by Province but it is NOT eligible to other than first time offenders. You are not a first time offender. I don't know why the conditional discharge didn't show - the Canadian Government (and the US) can and do "see" conditional discharges when the run a name.

This is harsh and I thought so at the time but I'm ex-US Homeland Security. We told people that we have enough shoplifters in the US and we don't need to import any. You very well could be turned back.

I think you are making a mistake by talking to multiple people. Pick someone you trust and follow his/her advice. "A few bridge officers" and a "few lawyers" is NOT a good idea. Everyone comes from a different place.

Me? I'd retain an Attorney and follow his/her advice.

I understand that you realize that this is a bad mistake. I don't know that OCD "traits" are going to make a difference. That's why you need an Attorney.

I would not try to enter the US on a "chance" that you'll be allowed to cross the Border. You will be horribly embarrassed (in front of your husband and children) if you are not allowed in.

You really do need an Attorney.

[Fr_Chuck]

I doubt you can get a diversion program, while not on the "record" your past offense does show up for sentencing use. If not people could get a first offender program a dozen times. There is a record of it, just not showing as a conviction.

And it can depend on what officer is at the gate when you go to the US, if you get in or not, it is not forsure, want to go all the way there to be turned around

But it can take 6 months to a year to complete a program,