Canadian Conviction History?

[David and Karen 0]

I am looking for a little input. We are preparing to travel to Montreal next month for our long awaited interview. I will need to bring the DS-156 completed online to the interview.

I have a concern about part of question 38. Specifically as follows:

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

Yes No "

Many years ago (over a decade) I was charged. I'm not sure that I was actually arrested. I say this because no police officer came and picked me up. I was called and asked to go in and did and gave a statement etc and was subsequently charged. I had my day in court and was sentenced with a conditional discharge. I fulfilled the conditions and understood as a result no criminal record would be kept. I recently went to the police and was able to have a record search completed using CSIS and it has come back clear. No criminal record just as I expected.

So I am unsure how to answer this. I honestly don't know what access to information they have so I don't want to get myself into trouble later. However, the record search is clear. I wasn't arrested exactly. I'm not sure that a conditional discharge is in fact a conviction. I never applied for or received a pardon. Yet I have no record. Help??!

[YuAndDan 153]

You must disclose that, an arrest just means that an officer had to detain you involuntarily, in your case you just did it voluntarily, you were still convicted and charged, makes no difference if an arrest was involved. You need to be up front and honest with the consulate, when you sign the DS-156 it is a statement that you are answering truthfully.

COURT RECORDS

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.

http://travel.state.gov/visa/reciprocity/C...er/C/Canada.htm Edited October 26, 2006 by YuAndDan

[David and Karen 0]

I figured as much. I guess I just hadn't given it a thought since it was sooo long ago. The form question took me a lil. Well that will be my next stress then. Wondering whether or not I will be declined for the visa based on history. Ugh.

Thanks for the insight.

[wally 0]

geez Karen...

heads up, be strong...I don't know much about this but a clear record check has got to be good news. You can't change your history but you can provide the details..did you do the fingerprint check?

I figured as much. I guess I just hadn't given it a thought since it was sooo long ago. The form question took me a lil. Well that will be my next stress then. Wondering whether or not I will be declined for the visa based on history. Ugh.

Thanks for the insight.

[David and Karen 0]

geez Karen...

heads up, be strong...I don't know much about this but a clear record check has got to be good news. You can't change your history but you can provide the details..did you do the fingerprint check?

No because I expected the CSIS to be clear and it was. I understood I would need the fingerprint check done if my record search wasn't clear. If I have overlooked this I will die!!

The 156 says that answering yes doesn't disqualify you it just means you may have to personally appear before a consular officer. Dunno exactly what that means.

I will fill out yes to it for sure. Better to be honest then have it come back and haunt me later. It has just taken me right off center because I forgot about it, knowing there was no record etc and no previous record.

Oh well....I guess I'll know in a few weeks the verdict one way or another. I can't change anything.

[Flames9_RN 358]

I don't know the answer, so treat my response with whats its worth (nothing, lol) My understanding from reading on VJ and on the USCIS websiter long ago, that is if anytime one has had a criminal record, even if it has been wiped clear, they have to get fingerprinted. I could be wrong and hopefully I am. If I was in your case, answer honestly and go get fingerprinted now! If you do not need them super, but if you do, it can take up to 180 days or more to get them (according to rcmp.ca webpage) No reason to wait and see. just my 1.9 cents. Hope it all works out, and like I stated I don't know an accurate answer.

[Buttons 0]

I think you will need fingerprints also. Maybe you should call the consulate?

[Jersey Girl 2]

I have no idea, but side with flames. Get the prints now, just in case.

[TRKCKL11 0]

i worried about this question also. manitoba has a zero tolerence rule on domestic violence.

both spouses are charged no matter what. so i have been finger printed by the rcmp no charges were laid against me as i was the abused. so i assume i answer yes to this. I do remember officer said the prints are sealed and sent to ottawa. Though the 2nd time it happened only he was charged i never had to appear so who knows how this all works.

[David and Karen 0]

Emailed the consulate this morning to ask them when a fingerprint search is required. I told them I have a CSIS record search done in Sept 2006 and it is clear.

We'll see what the reply is. I wonder if it is necessary for the fingerprint search if I can submit that after the interview? That may be my next question to them. I'm sure I can't get the fingerprint results back before the interview on the 16th. Although, I do have a call in to an agency not far from me that does them for the RCMP etc.

Someone has to know!! Keep yer fingers crossed for me!!

[mercy 1]

i worried about this question also. manitoba has a zero tolerence rule on domestic violence.

both spouses are charged no matter what. so i have been finger printed by the rcmp no charges were laid against me as i was the abused. so i assume i answer yes to this. I do remember officer said the prints are sealed and sent to ottawa. Though the 2nd time it happened only he was charged i never had to appear so who knows how this all works.

Sorry to get off topic here, but in Manitoba if you call the police and say your spouse is abusing you, they arrest you both? Correct me if I have it wrong. But if not, that seems like that might deter a lot of abused women from reporting the abuse.

[bucknekkid 0]

i worried about this question also. manitoba has a zero tolerence rule on domestic violence.

both spouses are charged no matter what. so i have been finger printed by the rcmp no charges were laid against me as i was the abused. so i assume i answer yes to this. I do remember officer said the prints are sealed and sent to ottawa. Though the 2nd time it happened only he was charged i never had to appear so who knows how this all works.

Sorry to get off topic here, but in Manitoba if you call the police and say your spouse is abusing you, they arrest you both? Correct me if I have it wrong. But if not, that seems like that might deter a lot of abused women from reporting the abuse.

This should posted as another topic....You hijacked Karen's topic....

[mercy 1]

i worried about this question also. manitoba has a zero tolerence rule on domestic violence.

both spouses are charged no matter what. so i have been finger printed by the rcmp no charges were laid against me as i was the abused. so i assume i answer yes to this. I do remember officer said the prints are sealed and sent to ottawa. Though the 2nd time it happened only he was charged i never had to appear so who knows how this all works.

Sorry to get off topic here, but in Manitoba if you call the police and say your spouse is abusing you, they arrest you both? Correct me if I have it wrong. But if not, that seems like that might deter a lot of abused women from reporting the abuse.

This should posted as another topic....You hijacked Karen's topic....

It was just a question, with an apology for going off topic, certainly not "hijacking" a thread. Also, understanding what TRKCKL11 meant would better help answer her question. However, now that I've had to explain that, we've gotten even further off topic

Edited October 27, 2006 by mercy

[David and Karen 0]

Leave it to that bucknekkid to chime in!! Mercy.....don't let him ruffle your feathers. He was born to be silly! With the best intentions of course!

I agree with your comment about those being less likely to call the police with the risk of being taken into custody themselves. I think there are many or at least some US states that have the same rule. Zero tolerance on both parties I suppose. Take them all in then figure out the rest.

Cheers!

[Flames9_RN 358]

IF you do have to get fingerprinted. I recall another person on VJ that wrote a very nice note along with the fingerprinting asking to expedite the process, it seemed to help a bit. So butter them up, lol