If you do have a record, it can take up to business days for the results to return. The traditional method of using ink and paper for fingerprinting is still used as an alternative in some cases. You may have heard of a pardon, but the formal term is now a record suspension. The government grants record suspensions to permanently separate criminal records from public view when accessing the national criminal record database. People who wish to gain access to your criminal record will need your written permission or that of the Public Safety Minister of Canada.
A record suspension ensures that everything associated with you—criminal convictions and non-convictions—remain sealed from the public, so you can get a new job more easily, find a new home, travel, possibly work in a vulnerable sector, and gain custody of a child. In terms of travelling, you will also require a U. Waiver to enter the United States. Applying for a record suspension is a lengthy process which involves both the police and government agencies, so it would be in your best interest to consult with us about getting one so you can make sure it is done correctly and taken care of quickly.
Our team is here to help you regain some of the normalcy of your life before you were charged. Some crimes can prevent you from entering the United States, even for a stopover at an airport. Before crossing the border, you must wait some time before your record is sealed. So entry to the United States is not guaranteed. In some situations, you can get a special document called a waiver to enter the United States with a criminal record.
There are fees to pay and the process takes time. A lawyer can help you get a waiver, or you can contact Alter Justice , an organization that can answers general questions about waivers and criminal records free of charge.
Service in English may vary. A waiver is not a pass or general permission to enter the United States. It does not guarantee you will be allowed into the United States. Border agents can refuse you entry based on other rules or the discretion US law gives them.
This is not a legal opinion nor legal advice. Home Law, crime and justice Criminal justice B. Section Navigation. Understanding criminal justice. If You Are a Victim of a Crime. If You Witnessed a Crime. Reporting a Crime. If You Are Accused of a Crime. Your Rights. What to Expect. Investigating the Crime. If You are Arrested. Understanding Charges.
Release from Custody by the Court. If you lie or try to mislead the border officer, you risk being declared inadmissible and automatically prohibited from entering the country. Depending on the circumstances, you could be questioned, detained to be removed from the country, or accused of various offences.
If it applies to your situation, explain to the border officer that you got an absolute discharge, a record suspension, or another sentence. It is recommended that you have with you any original documents that can prove what you tell the border officer. Would you like more information or need someone to talk to about your criminal charge? Send us an email. OTT Legal Services are committed to protecting the confidentiality of personal information from how does a criminal record affect you consultations in Toronto and throughout Ontario that are requested through electronic communications as specified in our Criminal Record Privacy Policy.
We do not share or give out any personal information to any persons or agencies. Perspective and current clients with criminal charges should understand and appreciate the risks associated with the transmitting of personal and or confidential information electronically and the potential for illicit interception. Criminal Records and Fingerprints The criminal record will have information about your identity, charges against you, convictions, fingerprints, DNA, etc. What About Previous Convictions?
Is a criminal record automatically erased after a certain time? If I got a discharge, will I have a criminal record? As a general rule, no, since a criminal record in these cases is only temporary. The application must be filed with the clerk at the courthouse where your case took place. Can an employer refuse to hire me because I have a criminal record? Can an insurer refuse to insure me because I have a criminal record? You cannot enter the United States if: You have been found guilty of a moral turpitude offence, or an offence related to drugs, terrorism, prostitution, national security, etc.
To find out about offences of moral turpitude, see the next question. You have been found guilty of more than one offence and the total of your sentences comes to five years or more of detention, whether or not they were moral turpitude offences. If I am questioned at the American border, should I tell the truth? Your Name. Phone Number. What court is your ticket for?
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