Canada sealed criminal record - applying US Greencard/ Citizenship

[July1 0]

Anyone know if sealed juvenile records from Canada have to be revealed for green card or naturalization? In the I-751, it asks if you were arrested, but I was told that with a sealed record, I could legally say no to that question and that it is as if nothing ever happened. If I say no to being charged with anything on the I-751 or green card application, and then say yes to having a criminal charge to the citizenship application, will my application be denied? in the citizenship application, it states" if you were arrested which includes sealed or expunged records". This, I understand, I would need to say yes. Would this affect my application at any stage? I know that my criminal check resulted in nothing, and I never had to go to court. I can't find records for this anywhere either. thanks in advance.

[Harpa Timsah 13,258]

You must say yes and should have been saying YES the whole time. I might get a lawyer, as you might have a misrep charge coming to you.

What are you currently applying for? GC or citizenship?

Edited July 2, 2013 by Harpa Timsah

[July1 0]

I haven't applied to either yet. I just think that if the police told me that I could legally say no, as the green card application does not state anything about sealed records. The citizenship one does include sealed and expunged records. I am trying to get info from Canada and I can't get anything. I am almost thinking I wasn't even charged with anything. How can I provide information if the Canadian police can't provide anything for me?

[Harpa Timsah 13,258]

Canadian laws don't apply to US laws, so when the applications say "have you ever been arrested" the answer is YES. They do ask on the GC application. Which form are you looking at? How are you being petitioned for a GC?

To show your proof, have you gotten a police cert? Usually common client-side checks don't show everything, but the police cert for immigration shows everything. USCIS will know. If you try to hide it you can be banned for life for misrepresentation.

[VanessaTony 3,567]

I haven't applied to either yet. I just think that if the police told me that I could legally say no, as the green card application does not state anything about sealed records. The citizenship one does include sealed and expunged records. I am trying to get info from Canada and I can't get anything. I am almost thinking I wasn't even charged with anything. How can I provide information if the Canadian police can't provide anything for me?

The fact that it's sealed doesn't mean it doesn't exist. When it comes to the Federal Government, expunged/sealed records MUST be mentioned. So yes, you must mention them. I would also mention that they are a juvenile sealed record.

Most of my research online indicates that while it's "sealed" it still of course exists. You should be able to get something about it. Here: http://www.ehow.com/how_7342568_criminal-record-expunged-ontario_-canada.html give some of those a try.

[July1 0]

I am trying to figure out which route to go. When I contacted the police, they said they have nothing for me and that all info has been destroyed. thanks for this input. I guess I should put forth this info. Will i get denied?

[VanessaTony 3,567]

I am trying to figure out which route to go. When I contacted the police, they said they have nothing for me and that all info has been destroyed. thanks for this input. I guess I should put forth this info. Will i get denied?

Depends on what the record is for honestly.

[July1 0]

It is for shoplifting.

[Hypnos 6,577]

It will depend upon what your convictions are, and whether or not you have previously failed to enter your criminal background information on forms that you should have.

(Edit) Theft can be considered a crime involving moral turpitude, so you should at least consult with a reputable immigration attorney before you proceed any further. There is one exception which may help you, which is: (i) if your conviction is the only conviction (for a crime involving moral turpitude) you have worldwide, (ii) the maximum possible penalty for your crime was no more than a year's imprisonment, and (iii) you personally were not imprisoned for a period over six months, then you may qualify for the "petty offence" exception. This would be something worth looking into with a lawyer.

Edited July 3, 2013 by Hypnos

[Harpa Timsah 13,258]

I am trying to figure out which route to go. When I contacted the police, they said they have nothing for me and that all info has been destroyed. thanks for this input. I guess I should put forth this info. Will i get denied?

Which route to go? What are your choices? All roads lead to the same place: any application for GC asks this question. You cannot try for citizenship without a GC. Since you ask about I-751 I am guessing this is through marriage.

[July1 0]

but doesn't sealed mean that i can legally say no as they don't ask for sealed records? and then when they ask for sealed, that is when I reveal?

[Hypnos 6,577]

No, it's only sealed under Canadian law, and Canadian law (or anyone else's) does not apply to US federal law, upon which US immigration is based. If you have previously obtained any immigration benefit for which you should have declared your criminal history but didn't, then you may be guilty of material misrepresentation which carries a lifetime bar from the US and would be very difficult to overcome.

Every USCIS form which requires you to give your criminal history (notably the I-485, I-751 and N-400 off the top of my head) states that you must declare all convictions, in any country, whether or not they are considered "sealed", "spent" or "expunged".

Edited July 3, 2013 by Hypnos

[July1 0]

This is all great info. Thanks so much!

[Rushton50 10]

Anyone know if sealed juvenile records from Canada have to be revealed for green card or naturalization? In the I-751, it asks if you were arrested, but I was told that with a sealed record, I could legally say no to that question and that it is as if nothing ever happened. If I say no to being charged with anything on the I-751 or green card application, and then say yes to having a criminal charge to the citizenship application, will my application be denied? in the citizenship application, it states" if you were arrested which includes sealed or expunged records". This, I understand, I would need to say yes. Would this affect my application at any stage? I know that my criminal check resulted in nothing, and I never had to go to court. I can't find records for this anywhere either. thanks in advance.

I declared mine from start to finish, always tell the truth whether its sealed or not! A lie always comes back to bite you when you least expect it!

Luckily I was 14 at the time of verdict so my atty told me and would not cause concern! there is a wikipedia entry on CIMT and juvenile convictions, worth a read!

[NickD 203]

Wife and daughter needed these documents, from Venezula stating they had no criminal records, but that was only for the AOS stage, was never brought up after that. Nothing was sealed. For the I-751 and N-400, it was just a no. No proof required for that. Believe the main concern is your history is in the USA, and if you answered no and they do find you have a criminal record here, its goodbye to the USA.

That one question, were you detained by the police for any reason bothered me. We were stopped and detained by the police on US 41 after our trip to Milwaukee for biometrics for 45 minutes because there was an accident ahead. Just reasoned, I was driving and was the person stopped, wife and stepdaughter were just passengers. And that reason was due to an accident ahead. So I felt it was okay to say no for them.

Feel that question should be more specific, like any criminal related reason, and I just happened to be the first one to be stopped, if was second in line, would have been just a traffic delay.. We had over two miles of vehicles behind us, with just a friendly conversion with that police officer to help kill the time. But any reason?