Criminal Record Check - HELP!

[steflovesbran 0]

I am currently with my fiance in the states and I am awaiting the arrival of my interview date. I have done research on the police check that I need and I do not know if I have a criminal record or not. I shoplifted a few years back but my charges were dropped. It was a very petty theft. However from my understanding it still may be on my criminal record. I'm not sure. And the only way to find this out is if I get the police check. I cannot get the police check from the states, I can only get the Criminal Record Check and that takes in excess of 120 days. I truly believe I will have my interview date by then. What will happen if I do not have the Criminal Record Check in time for the interview? Will this jeopardize my visa? I have been losing sleep over this! I don't know what to do!

[Krikit 1,164]

If you don't have the criminal record check to give them at the interview they will delay approval and issuance of the visa until they receive it. Meaning they will give you time to send it to them.

[Carlawarla 1]

I am currently with my fiance in the states and I am awaiting the arrival of my interview date. I have done research on the police check that I need and I do not know if I have a criminal record or not. I shoplifted a few years back but my charges were dropped. It was a very petty theft. However from my understanding it still may be on my criminal record. I'm not sure. And the only way to find this out is if I get the police check. I cannot get the police check from the states, I can only get the Criminal Record Check and that takes in excess of 120 days. I truly believe I will have my interview date by then. What will happen if I do not have the Criminal Record Check in time for the interview? Will this jeopardize my visa? I have been losing sleep over this! I don't know what to do!

If you were arrested, whether the charges were dropped or not, you should have had to disclose this in your initial petition if asked. I can't remember if it's asked though? Either way, you're going to have to provide a Criminal Record Check, as well as court documents regarding the offense. Here are my suggestions. While it says 120 days to get your fingerprinting done, people from Canada that have had to do this, generally state it doesn't take the full 120 days, more like 60-70 days. You got your package 3 in December, and you're interviewing in Montreal, so you're probably not going to have an interview in the next 60-70 days anyway. You could be looking at a wait for an interview (unless things pick up in Montreal...) in more like 4-5 months, so you could in essence get the fingerprinting done in time for your interview. Also, contact the local prosecution unit where the arrest occurred, and procure a copy of the proceedings or judgment, even if it was to drop the charges. If they don't have it, they'll tell you where you can get it.

Another thing you may want to look into is either going back to Canada to get the check done...you're just visiting now, so you could go back and get one done on the spot. Also, do a check on the forum search here for criminal records, or fingerprinting...I seem to remember someone saying that if you have someone in Canada that can provide proper ID, they can get one for you? I'm not sure, but I seem to remember something about that.

So, there are some options for you to look into. As Krikit stated, if you go for your interview without the CRC, you could be approved for the visa pending the information requested. This would mean getting it to them, and then them issuing you the visa if all is okay. Maybe a wait of another month or so though after your interview.

Perhaps once you get your interview date, you could then go back to Canada, and get all those loose ends tied up prior to your interview anyway and have the documentation at the interview.

One other thing before I forget...lol I don't know how long you've been in the U.S., but you only have 180 days anyway, so if you're going to get an interview in say April, you might already be back in Canada!

[Krikit 1,164]

Excellent information Carla.

[Dan and Ali 3]

I don't want to sound like a cow but you just sent off your packet 3 mid-December and Montreal is taking its sweet time with interviews so you might actually not have your interview within 120 days. If I were you I would get on that ASAP -- but I think Carla also gave you a lot of other things to think about.

Good luck

ETA: I just noticed Carla also touched on the interview taking longer ... sorry about that! I seemed to have missed that part of her post

Edited January 6, 2010 by Dan and Ali

[steflovesbran 0]

ok i have come back to Canada to finish all this stuff. yesterday i went to the local OPP and got a police check. they said it is a criminal record check. when they searched my name it comes back that i have no record. this is what the letter said and i want to know if any of yours said the same thing:

Based solely on the name(s) and date of birth provided, a search of the National Criminal Records repository maintained by the RCMP did not identify any records for a person with name(s) and date of birth for the applicant. Positive identification for the criminal record may or may not exist at the National Criminal Records repository can only be confirmed by fingerprint comparison. Not all offences are reported to the National Criminal Records repository. A local indices check may or may not reveal criminal record convictions that have not been reported to the National Criminal Records repository.

Based solely on the name(s) and date of birth provided, a Investigative Data Banks/local indices check was conducted with NEGATIVE results.

I am wondering if this means that I could have a criminal record but it is not showing. I don't know how to go about this because the lady there told me this was the criminal record check not a police check. I am still going to locate my court records somehow but should I get fingerprinted or is that not necessary? I'm so confused!

Thanks for your help!

[trailmix 77]

The records check sounds fine. The guidelines read:

Applicants may obtain a certificate of no conviction issued by any Canadian police service so long as it notes that Canadian Police Information Centre (CPIC) or the national criminal records repository was searched using the applicant’s name and date of birth.

Yours seems to meet that criteria.

Here is how it works out, in my opinion. On the DS-230, part 2, question 41, they ask:

41. Have you ever been charged, arrested or convicted of any offense or crime? (If answer is Yes, please explain)

I do not know that a 'Yes' answer to that question necessarily requires you to get a fingerprint check done. In their guidelines it states that it is only necessary if you were ever convicted of a crime. link

"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. (Note: If a namecheck by a police agency reveals a conviction record, that agency may be unwilling to issue a certificate and may refer the applicant to the RCMP for a Certified Criminal Record Check.)"

So the question is - since the charges were dropped and you were never actually convicted of anything, do you really need to get a fingerprint check done? I don't know the answer to that, maybe someone else has had a similar situation and will let you know.

According to the guidelines it doesn't look like you need one - however in all of the postings I have seen on the Canada forum, whenever someone is even arrested with charges later dropped, they have been advised to get the fingerprint check and accompanying court documents. So, Montreal might be used to getting this information from everyone.

Their guidelines also state: "(Note: Because records checks based on name and date of birth only are sometimes less thorough than those based on fingerprints, U.S. diplomatic offices reserve the right to request that certain applicants obtain fingerprint-based searches from the RCMP.)"

Unless someone who has had the same situation, or has some knowledge of this, comes forward only you can decide if you are willing to go to the interview without the additional check and just hope it flies - but be prepared in case they ask for further information.

If you do decide to get the fingerprint check done and want it sooner, you can always check out having them done by the Commissionaires.

Good luck

Edited January 22, 2010 by trailmix

[steflovesbran 0]

thanks! i know i answered NO to the question about being convicted because I was never convicted. i found out where to get my court records so i think this will be fine!

[trailmix 77]

You're welcome, however the question is not, "have you ever been convicted" - it is:

41. Have you ever been charged, arrested or convicted of any offense or crime? (If answer is Yes, please explain)

If you were arrested or charged, you should have answered yes and given an explanation.

[Ontarkie 14,226]

You may want the fingure print done just in case Montreal asks for it, but you will need court records for the interview. Since you mentioned court papers. They will not issues your visa without the court records. You may have to wait also for the court house to find your papers. Try and remember the court date, you most likely wont be in the computer system if it was some time ago so they will have to manually search their books to see where its located.

I had both types done just in case the RCMP didn't get it back to me in time. They screwed up on it 3 times, the first one I got back but they had my name spelt wrong so I was worried and had to redo it. They other 2 times they mailed it to my 911 address but I never got it since my 911 address is much more different then the mailing addy.

[antda 13]

I am currently with my fiance in the states and I am awaiting the arrival of my interview date. I have done research on the police check that I need and I do not know if I have a criminal record or not. I shoplifted a few years back but my charges were dropped. It was a very petty theft. However from my understanding it still may be on my criminal record. I'm not sure. And the only way to find this out is if I get the police check. I cannot get the police check from the states, I can only get the Criminal Record Check and that takes in excess of 120 days. I truly believe I will have my interview date by then. What will happen if I do not have the Criminal Record Check in time for the interview? Will this jeopardize my visa? I have been losing sleep over this! I don't know what to do!

Steflovesbran-I don't know about the K1 visa route.....But I do know that...

You need original certified copies of your court records (regardless of the circumstances and whether or not it appears on a Canadian Record Check) for later on down the road for further immigration processes...(for example, the AOS, I-751, N-400, etc.)

So I suggest that you get several copies of your records now when you are in Canada, as it is harder to get them while you are later on in the USA...

Hope this helps too. Good luck on the rest of your journey too.

Ant

Edited January 23, 2010 by Ant+D+BabyA

[Kathryn41 3,205]

I will just add, if there is no longer a record of the charge or the court action, you can submit the letter from the court having jurisdiction over the trial/charge stating that there is no longer a record of the offense. You need to submit either the evidence of the court hearing or the statement from the court that the evidence no longer exists.

[steflovesbran 0]

ok i'm back! all i do is think about this criminal record check 24 hours a day! it drives me mental! anyway i got my court records and the case was stayed, which they say means: did not go through with proceedings. i got the fingerprints done and sent to the RCMP back in january thru the commissionaires and of course I do not have my record check yet. i'm hoping to get it soon since my interview is march 30th. anyway my main concern now is that I answered 'no' to ever being convicted or charged etc. and i'm freaking out because i know realized i should have put 'yes'. i read it wrong when i filled out the formsi remember i did tell montreal in an email that i was coming back to canada to do a criminal record check because i got charged with shoplifting etc. So maybe they now know that i should have put 'yes'? do you think with me putting 'no' i will not be approved. i'm so stressed out. if they ask at the interview i will obviously tell them what happened. do you think my case may be denied? i will absolutely die if it is not approved over a 12 dollar necklace. please help me calm down lol.

[Canadiandggal 49]

Hmmm heres a question... what if the record was a youth and is no longer on your record... therefor you have no record... what would the answer to 41 be?

As I did have a charge was I was a minor and I am currently waiting for my Rcmp certificate but as far as I know it is not on my record anymore. SO....

[Wyatt's Torch 45]

Sorry to say this, but if you were officially charged, then yes...you very well might have a problem. Honesty and transparency in all aspects of the process is encouraged, and it MAY look like you're trying to cover up a criminal charge. If the police check doesn't bring up anything, there's a good chance that you won't be asked anything further about criminal history at your interview. But there will definitely be a problem if you don't get a cleared name check back. It may be something that can be rectified easily, but ultimately it might have been a costly mistake on your end.

Hope I'm wrong for your sake!