Criminal check-- quick question

[Michyme82 0]

I was convicted of possession of marijuana when I was 16, 10 years later I'm wondering if this will affect my interview.

Do I have to tell them even though its not on record? Does anyone know how to get the RCMP certificate?

[Inky 1,111]

Go down to your police station and request one, generally they have forms you fill out and they do a name search and stamp the forms etc. Can take an hour or less depending on how busy the place is when you go.

[Michyme82 0]

I know where to get a police record but I was thinking a certificate from the RCMP is more detailed. I also know that the possession charge is off my record and I was a juvy when I got it

[trailmix 77]

Go down to your police station and request one, generally they have forms you fill out and they do a name search and stamp the forms etc. Can take an hour or less depending on how busy the place is when you go.

Inky, he cannot just get the name check - OP you will have to get the full fingerprint check.

Full fingerprint version

Applicants who have been convicted of a crime in Canada must contact their local RCMP office to obtain a “Certified Criminal Record Check,” which lists an applicant’s criminal history, indicating the section of the Canadian Criminal Code under which the applicant was charged, the disposition of the case, and the penalty imposed, if any. Obtaining a Certified Criminal Records Check requires submission of a fingerprint chart; the RCMP could take between two and twelve months to process a request for a Certified Criminal Record Check.

See: RCMP or the Commissionaires

Edited September 21, 2009 by trailmix

[Inky 1,111]

At the medical they question if you have ever used or had drugs. You will have to answer yes if you used them. Do not lie about anything.

The police station where i lived does two kinds of police certificates ( ontario ). If you go check it out im sure they could help you down there. Since the charge is not on your record then the regular police check should be fine. the detailed one is for if you have charges or have had charges that are still on there i believe but someone may be able to correct that cus im not totally sure.

edit - haha see trailmix knows more!

Edited September 21, 2009 by Inky

[trailmix 77]

Oh and court records:

Court Records link

Applicants who have been convicted of a crime in Canada should obtain a certified copy of court records from the clerk or registrar of the court in which they were convicted. Court records should state the section of the Canadian Criminal Code under which the applicant was convicted, the disposition of the case, and the penalty imposed, if any. Court records must also indicate whether the case was handled as a summary or indictable offense.

Canadian pardons have no effect under U.S. law. Applicants who have been convicted of a crime in Canada that was subsequently pardoned must contact an RCMP office to obtain both a Certified Criminal Record Check and copies of their pardoned criminal record. See “Police Records” above.

In cases of controlled substance violations (such as drug possession, sales, or trafficking), court records should indicate the type and quantity of substance involved. If court records do not include this information, applicants should seek to obtain it from the records of the police service that investigated the case or the Crown prosecutor’s office that prosecuted it.

[Carlawarla 1]

I know where to get a police record but I was thinking a certificate from the RCMP is more detailed. I also know that the possession charge is off my record and I was a juvy when I got it

I thought I remembered, and you can correct me if I'm wrong, but you had an unrelated criminal charge as an adult as well? If so, then your juvenile record is not sealed.

You're going to have to have your fingerprinting done firstly, and that can take up to three months I think. You'd better start that now.

There is no "detailed" certificate from the RCMP that I know of. As trailmix says, you'll also need to get the court records.

At issue here is as well, is you're going to be asked at your medical if you've ever used drugs. You must answer "yes", in which case you may be looking at a denial at the Consulate interview, and you should be prepared for a waiver.

You may want to ask about a waiver, and what you can have prepared, and if you can present it at the interview. There is a waiver forum here on VJ where you can ask about that.

[Michyme82 0]

I was arrested when I was an adult for a DUI but the charges were dropped in court and its NOT on my record.

[Krikit 1,165]

It doesn't matter. You will have to answer "Yes" to the question:

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action?"

[SapphireDreams 71]

At every stage in this process you will go through a series of name checks and security checks. If at any stage they find out that you were arrested (even if you weren't charged) and didn't say so, you'll probably either go into Admistrative Processing for a long time or not even make it past the interview stage. Even if it's not on your records, who knows where if could come back to haunt you. You are much better off giving them the information up front and then explaining the situation and showing them the court documents or whatever it is you have showing you were not charged.

[Krikit 1,165]

I forgot to add that you will have to answer "Yes" to the following question also:

"Have you ever been afflicted with a communicable disease of public health significance or a dangerous physical or mental disorder, or ever been a drug abuser or addict?"

Someone correct me if I'm wrong, but I do believe that their definition of "abuser" is the misuse of legal or illegal substances.

In any event, you absolutely do not want to lie. That can get you a lifetime bar, meaning you cannot EVER come to the US.... to live, work, or visit. Offenses are waiverable. Lies are not.

Check out Kitkat1's posts. She is the queen of waiver information. lol. Also, Immigrate2US is probably your best source of waiver information for complex situations.

[Michyme82 0]

In response to the drug abuser comment, I have never tried marijuana and a drug test would be no problem. I was charged with possession not using.

[Sprailenes 47]

Yea... everyone just carries drugs around... doesn't mean they're using them.

[Chica Yeyé 41]

In response to the drug abuser comment, I have never tried marijuana and a drug test would be no problem. I was charged with possession not using.

If you had a DUI arrest, you have to answer yes to the questions Krikit mentioned.

USCIS does not look upon drug/alcohol offenses with much of a forgiving eye.

[trailmix 77]

I was arrested when I was an adult for a DUI but the charges were dropped in court and its NOT on my record.

You seem to be a bit defensive about this - and I actually do understand why. Just remember we are not a jury nor are we COs - we are people on an immigration board trying to help you so that you don't walk in to that interview completely unprepared.

We could say - well, the possession charge was when you were a juvenile and the DUI charge was dropped - so don't worry about it - but that would be incorrect and I think you would be back here after your interview not being defensive but maybe a bit mad?

Now another alternative is to perhaps have a consultation with a lawyer who specializes in waivers for people wanting to immigrate to the U.S.