Canada sealed criminal record - applying US Greencard/ Citizenship

[Cliff&Liz 10]

For my K1 Visa I needed to obtain a criminal background check. USCIS only requires you to have fingerprints with a background check if you have been convicted of a crime. Freedom of information stipulates that Canada cannot release information pertaining to you without your consent. If you have not been convicted and still have finger prints of file you are able to have them destroyed.

[Harpa Timsah 13,258]

For my K1 Visa I needed to obtain a criminal background check. USCIS only requires you to have fingerprints with a background check if you have been convicted of a crime. Freedom of information stipulates that Canada cannot release information pertaining to you without your consent. If you have not been convicted and still have finger prints of file you are able to have them destroyed.

This is not true. All people going through USCIS get fingerprints and a thorough background check. Applying for an immigration benefit in the US is "giving consent" for a background check. About destroying records, he still needs to say YES to those questions.

[joevegas 67]

I had the exact same problem,some minor charge when I was young,there are no records of it anywhere in the Canadian court or police data base anywhere...even went to the court house where I was charged,they found nothing,yet I answered yes I was arrested before on the application process..stupid move because they will want to see records of that arrest,even though i went through hell to find some, and there just isn't any..Its up to you,if your police clearance says your fine...then go with that..I wish I would have..

[Canadiandggal 49]

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?

You need to contact the courthouse (that you were charged at) not the police. there has to be a record of what you were charged with etc. If all the records have been "destroyed" then the courthouse will write you a fantasy letter stating so and what you were charged with.

[Ontarkie 14,175]

You need to contact the courthouse (that you were charged at) not the police. there has to be a record of what you were charged with etc. If all the records have been "destroyed" then the courthouse will write you a fantasy letter stating so and what you were charged with.

This exactly. Records are never destroyed they get locked in a safe, for Ontario most likely Toronto. They won't find you on their Computers they have to actually dig out the books that have each court case ever in that Court House, look you up by the date. It can be hard to find you if you don't remember the actual dates. If they actually have lost your records they will write you up a letter stating so. Get several copies you need it at every step of the process they will want another copy each time even if you gave them 3 already. Also you will need to get your background check done with finger prints.

Do not with hold this information it clearly asks for it well before Citizenship.

[joevegas 67]

This exactly. Records are never destroyed they get locked in a safe, for Ontario most likely Toronto. They won't find you on their Computers they have to actually dig out the books that have each court case ever in that Court House, look you up by the date. It can be hard to find you if you don't remember the actual dates. If they actually have lost your records they will write you up a letter stating so. Get several copies you need it at every step of the process they will want another copy each time even if you gave them 3 already. Also you will need to get your background check done with finger prints.

Do not with hold this information it clearly asks for it well before Citizenship.

Not true,in a lot of cases that are really old,there are absolutely no records because they have been destroyed,trust me I tried,they tried to look them up by hand and could find nothing...And you don't need a fingerprint background check,if you want to be honest,be honest about it..most likely it won't be an issue anyways...But if there is nothing there to be found,why bother with it in the first place...

[VanessaTony 3,567]

Not true,in a lot of cases that are really old,there are absolutely no records because they have been destroyed,trust me I tried,they tried to look them up by hand and could find nothing...And you don't need a fingerprint background check,if you want to be honest,be honest about it..most likely it won't be an issue anyways...But if there is nothing there to be found,why bother with it in the first place...

Because if the OP does not disclose it they are committing a MATERIAL MISREPRESENTATION. You are advising them to lie to USCIS.

As was stated, if the court cannot locate the records, they will state as much. There is always a way. Whether the OP speak with the attorney/people who helped get the record expunged, or his attorney that helped with the case itself, or something like that. There is always something. If you couldn't find anything, you didn't ask the right people or look hard enough.

[joevegas 67]

Because if the OP does not disclose it they are committing a MATERIAL MISREPRESENTATION. You are advising them to lie to USCIS.

As was stated, if the court cannot locate the records, they will state as much. There is always a way. Whether the OP speak with the attorney/people who helped get the record expunged, or his attorney that helped with the case itself, or something like that. There is always something. If you couldn't find anything, you didn't ask the right people or look hard enough.

I'm not advising them to lie,I said it is up to them to decide what to do,I said in "MY" case I wish I just would of not said anything,I didn't ask the right people or look hard enough???..you got to be kidding me!!...This happenend 28 years ago,I went thru months of trying to get something on paper,from anyone and everyone,they even went by hand through old 1980's court records and found nothing,because nothing about the charge existed...nothing...so don't tell me I didn't try hard enough...And throughout the whole process,nobody seemed to care about a minor case that happened 28 years ago anyways...

[July1 0]

I never had to go to court so no court papers would be available. I am almost thinking that I was nit even charged but thought I was charged. Could this be the case?

[VanessaTony 3,567]

I never had to go to court so no court papers would be available. I am almost thinking that I was nit even charged but thought I was charged. Could this be the case?

Quite possible. If your police record shows up clear, and there's no court record... it's possible.

Ask your parents, ask your attorney who was involved... someone will be able to tell you something to help.

[July1 0]

unfortunately, my parents have nothing, and i had no attorney as I didn't need to go to court...

[joevegas 67]

unfortunately, my parents have nothing, and i had no attorney as I didn't need to go to court...

Have you crossed the border before?..and if you did,and nothing showed up,then you will be just fine.

[Ontarkie 14,175]

Ok first thing is first. What is it that happen when you got arrested? You say you didn't go to court, did you get arrested or did they call your Parents and had the ####### scared out of you? If you were fingerprinted then you were arrested, if you didn't go to court why are you talking about sealed records.

And sealed records will not show up on a background check, or the RCMP finger print checks that is the whole point of sealing it. You really need to try and remember everything that happened, we can't help without knowing what happened.

[Harpa Timsah 13,258]

Have you crossed the border before?..and if you did,and nothing showed up,then you will be just fine.

You are offering advise that will get the OP banned from the US for life. Shoplifting is a CIMT. Best tread carefully and not "decide" when you have no knowledge of the laws or the situation.

[joevegas 67]

You are offering advise that will get the OP banned from the US for life. Shoplifting is a CIMT. Best tread carefully and not "decide" when you have no knowledge of the laws or the situation.

I Said if he has crossed the border and nothing showed up,that means there is nothing and he should be fine..whats the problem?

Edited September 18, 2013 by joevegas