Past legal matters

[canadiandgal 0]

another question from me. I am trying to have everything in check before i start this process and the more i learn, the more i question hehe.

When i was 15 i was charged with a Assault then within 2 years i was charged with breech due to not doing community hours. Now It's has been 5 years since that all happened but I am scared if this will effect my Cr-1? I am not even sure how to get my criminal records or what immigration will want on this matter? Anyone got any advice or experence?

[NArocks 13]

Dang Girl They will ask for police records however were you still a juvy when this happens? Did they expunge your record? Maybe not cause you did not comply with the court order community service. Hopefully the fellow canadinas will let you knwo how to apply for your police record.

Edited August 6, 2009 by NArocks

[canadiandgal 0]

well I believe the last time i checked, a few years back I had the "fail to comply" on my record but not the assault due to it being when I was a teenager, now I thought that the "fail to comply was suppose to gone as well but like I said the last time I checked I still had the other charge in my records.

Just wondering what I can do, Or if this will cause a negative reaction when i start the cr-1

[minnew 4]

I think because when you committed the crimes you were a juvenile, it will not impact your CR-1. If the assault happened as an adult, and depending with in what manner (weapon) and intent, it would have been considered a crime of moral turpitude by US immigration and it would make you inadmissable.

http://en.wikipedia.org/wiki/Moral_turpitude

http://www.state.gov/documents/organization/86942.pdf Pg 22-24

I am not sure how to get your court records if it happened whenyou were a juvenile, I do not know if it would show up on your police certificate that you would need for the interview. I hope someone else comes along with an answer to that.

[canadiandgal 0]

Im not too worried about the assault due to it being when i was like 14/15 but As i said before The "breech of probation/fail to comply" was when i was older and the last time i checked was still on my record due to not being off a conditional discharge or something . Hope someone can direct me in the right direction.

Thanks

[canadiandgal 0]

Also The assault was just a regular assault, teenage #######, no weapon used, im pretty sure They just labeled it assault. not with attempt to do anything lol

worst part was the girl ended up being a great friend to me within the next few years, her grandparents were the ones who pressed charges.

Not that It should of happened, Sometimes we regret things we did but cannot change them

[Kathryn41 3,205]

You will need to disclose both the assault and the failure to comply charges on all of the US paperwork when it asks about past run ins with the law. You can write to the Court House where your case was tried and ask them for copies of whatever records they have. Ask for a response on a letter with a seal in case the response is that they no longer have the records. Even if they do no longer have the records, you must declare the incidents to USCIS. I doubt it will cause you any problems, but failure to disclose them might. You will need to disclose them in all future applications to USCIS as well - AOS, Removal of Conditions and Naturalization - so make copies of whatever documents you get. You may need to request a fingerprinted Police Certificate as well, rather than just the Canada wide name search, but I don't know for sure. Allow time to get that one because it can take a while. Good luck.

[Jauque 1]

Also The assault was just a regular assault, teenage #######, no weapon used, im pretty sure They just labeled it assault. not with attempt to do anything lol

worst part was the girl ended up being a great friend to me within the next few years, her grandparents were the ones who pressed charges.

Not that It should of happened, Sometimes we regret things we did but cannot change them

When I went to pick up my police certificate I asked if I 'could get one for my four year old or would anything like that be sealed,'. She looked at me like I'd lost my mind, but I'm a stickler for details and don't want to be held up on something as silly as not having all my paperwork...

Anyways the woman who was filling out my application for my police record said that I could get one as long as my daughter could verbally give her consent for her records to be searched. So I'm thinking if a four year old can get her records, you can get yours even if your crimes were committed as a juvenile. To get your records you would just need to go to any police station (they search is done nation-wide) and request them.

If you feel there is something on your record that should no longer be there (ie. expunged) than you should contact a lawyer. It's my understanding that once a persons record is expunged they are no longer required to divuldge it to anyone. This process might be an exception but it would be a question that you could also ask your lawyer.

[minnew 4]

If you feel there is something on your record that should no longer be there (ie. expunged) than you should contact a lawyer. It's my understanding that once a persons record is expunged they are no longer required to divuldge it to anyone. This process might be an exception but it would be a question that you could also ask your lawyer.

I can't remember what the DS forms said about criminal convictions but I know that there was a question about it on there. But when you apply for the I-485 to adjust status, there is a paragraph in the instructions about expunged records. You still must submit a court certified copy of the expungement, or have the court write up a statement that no record exists of the arrest or conviction.

[minnew 4]

took me too long to edit....

Im having a brain fart today, I just remembered a story I read about on VJ, about this person who was attempting to cross the border and had a previous conviction from when they were a juvenile that was no longer on his or her record. When the CBP officer asked that person if they had ever been arrested or convicted of any offense they said no. Even though yes they had, because it happened as a juvenile they thought to answer no was appropriate. I cannot remember what happened to them at the border, but I know it was not good. Be careful how you answer that question, as even though if you get it expunged, you still have been arrested

[moni_calla 0]

I think because when you committed the crimes you were a juvenile, it will not impact your CR-1. If the assault happened as an adult, and depending with in what manner (weapon) and intent, it would have been considered a crime of moral turpitude by US immigration and it would make you inadmissable.

http://en.wikipedia.org/wiki/Moral_turpitude

http://www.state.gov/documents/organization/86942.pdf Pg 22-24

I am not sure how to get your court records if it happened whenyou were a juvenile, I do not know if it would show up on your police certificate that you would need for the interview. I hope someone else comes along with an answer to that.

Once a file is sealed one will receive a clear police report stating that no record exists.

[canadiandgal 0]

I would never stay I hadn't been charged with assault if asked but I also will also mention it was a juvy. I have been asked before If i had charges and I was truthfully, then asked if any were after i was 18 and I told the truth No. Ive has no problems with getting through the border etc, Just unsure on how to go abouts getting paperwork and making sure this shouldnt effect my records?

[canadiandgal 0]

I would never stay I hadn't been charged with assault if asked but I also will also mention it was a juvy. I have been asked before If i had charges and I was truthfully, then asked if any were after i was 18 and I told the truth No. Ive has no problems with getting through the border etc, Just unsure on how to go abouts getting paperwork and making sure this shouldnt effect my Cr-1?

[Udella&Wiz 325]

Also The assault was just a regular assault, teenage #######, no weapon used, im pretty sure They just labeled it assault. not with attempt to do anything lol

worst part was the girl ended up being a great friend to me within the next few years, her grandparents were the ones who pressed charges.

Not that It should of happened, Sometimes we regret things we did but cannot change them

When I went to pick up my police certificate I asked if I 'could get one for my four year old or would anything like that be sealed,'. She looked at me like I'd lost my mind, but I'm a stickler for details and don't want to be held up on something as silly as not having all my paperwork...

Anyways the woman who was filling out my application for my police record said that I could get one as long as my daughter could verbally give her consent for her records to be searched. So I'm thinking if a four year old can get her records, you can get yours even if your crimes were committed as a juvenile. To get your records you would just need to go to any police station (they search is done nation-wide) and request them.

If you feel there is something on your record that should no longer be there (ie. expunged) than you should contact a lawyer. It's my understanding that once a persons record is expunged they are no longer required to divuldge it to anyone. This process might be an exception but it would be a question that you could also ask your lawyer.

Out of curiousity - why did you bother for your child? Immigration doesn't ask for one under a certain age. I had a 15 yr old and I didn't have to do a police check for her.

[Kathryn41 3,205]

Records pardoned or sealed or expunged in Canada don't count in the US. If you lie about such a situation and say you have no record when it has actually been sealed or expunged or you have been pardoned, it is counted as misrepresentation to immigration and results in a lifetime ban. While USCIS 'may' not have a copy of the record before it is expunged or sealed or pardoned, it is also possible that they may. If the information is anywhere outside of Canada, then it is still available. Pardons, sealing and expunging of records in Canada only count in Canada - they are not recognized by the US and if they have the information they will use it.

When I worked as an MP we had a lot of people come in who wanted to go to truck driving school to become international truckers. Many of these individuals had records of some type and wanted to obtain pardons so they could drive in the US. From such individuals we learned that the US did not recognize the Pardons and refused entry to these individuals. They had to apply for US waivers of grounds of excludability (criminal records) instead.

So, I doubt you will run into problems by disclosing your records but you should realize that even if you were pardoned, or the records were sealed because you were a juvenile or expunged, it doesn't count in the US which is where you are presenting the information.

Edited August 6, 2009 by Kathryn41