Yes, ANOTHER police certificate question

[daisylynn 0]

Ok, we know dh has a record, so we sent his fingerprints off to Ottawa several weeks ago. We wanted to go ahead and get the court papers, but dh couldn't remember the dates and the lady at the court said she needed them to pull it up.

So, we figured we would get a nation wide name check done and see what it would pull up. Even if it was just to get the dates so that we can get court papers while we are waiting for the criminal record check.

Well, it took a week, but we got the nation wide one back from our local police station. It actually shows what charges he had. So, I'm now wondering why this one won't do for Immigration? What makes the criminal record check (fingerprint version) different?

Oh, and will these charges be a problem with Immigration? And will we still need court papers if this says what the sentence was?

I'll post exactly what we got from them, with personal info blotted out of course. Is it possible to use this one for Immigration or not? I would love to be able to send back our DS 230 and checklist.

Thanks!

Tammy

[trailmix 77]

Hi Daisylynn,

You will need to get the fingerprint version and the court documents.

As to whether these are ok with immigration, I don't really know. You might want to check out the waiver forum if you don't get an answer here - I'm sure someone in there would know if you told them what the charges are.

Edited October 8, 2007 by trailmix

[Chica Yeyé 41]

Agreed with trailmix (wise, wise trailmix). Since there is a record for your DH, he does need the fingerprint search, and also, do become familiar with the waivers and find out if the items are amongst those that make someone ineligible for an immigrant visa.

Good luck, L.

Edited October 8, 2007 by Len_and_Bren

[IR5FORMUMSIE 850]

Just to add to trailmix and Len's sage advice, since each of the charges carry a penalty of 1 year or more, looks like DH will need the waiver. The waiver forum folks will know this stuff much better than me though. I don't know about the court documents this many years later but on the other hand those charges were pretty serious. Sounds like DH's lawyer did a sh*t job representing him, or did he not have a lawyer? Crowns just love to tee off on unrepresented defendants and really hate a fair fight, so much for justice being blind

[IR5FORMUMSIE 850]

The more I think about this, the angrier I get. Assault can either be a summary offence or an indictable offence. There is one thing that bothers me, and it is the source of the info. I've seen a few police letters that were less than correct. If the court record can be found then maybe it can be determined if there is a way around the waiver. The orders are for 1 year probation for each count which would seen to indicate indictable offences but it sounds like the Justice of the Peace really had it in for DH. If both convictions were for summary offences, you may have an outside shot at the petty offence exception. I don't know how long the waiver takes but by the time you go hunting for all the records, it might prove to be much faster to go with the waiver.

[daisylynn 0]

Thanks!!

I just posted on the waivers forum. I didn't even know that was here!

IR5-Yeah, dh said that it was a couple of security guards. He said they hassled him and his buddies every day after school. There was a lady, whom he told about the beer bottle. That was the threats charge. And then a man, whose hand held radio antennae he flicked. That was the assault charge. I'm going to call tomorrow about getting the court records and seeing if we can get this all figured out.

Thanks again!!!

[IR5FORMUMSIE 850]

Thanks!!

I just posted on the waivers forum. I didn't even know that was here!

IR5-Yeah, dh said that it was a couple of security guards. He said they hassled him and his buddies every day after school. There was a lady, whom he told about the beer bottle. That was the threats charge. And then a man, whose hand held radio antennae he flicked. That was the assault charge. I'm going to call tomorrow about getting the court records and seeing if we can get this all figured out.

Thanks again!!!

Rent-a-cops really boil my blood. I'm not too enamoured with the regular police either. Don't even get me started about the Crowns, Judges and JPs. That JP really went after DH no question about it. It's ####### like this that never gets reported but happens every day. For every Milgaard, Morin, Truscott and Marshall there are hundreds of people who get screwed over on lesser charges. I'm just wondering about DH applying for a pardon. It would definitely look better if a pardon was granted and I fail to see why DH couldn't get one, especially after reading the facts of this travesty. Flicking an antenna is not assault and as for the "beer bottle threat," that's not a threat without the requisite intent. What the HELL happened to mens rea? He should have been charged with attempting to practice medicine without a license for trying to perform brain surgery by sticking a beer bottle up that security guard's back passage.

I only wish it wasn't too late to revisit the matter in court.

[Earmuffs 1]

I think those will be fine.

[Carlawarla 1]

I just saw this posting now daisylynn. I tried to answer some of your questions in the waiver forum.

Carla

Edited October 9, 2007 by cartoboy123

[Autumnchik 6]

Another piece of advice:

I don't know how long the wait time is now for fingerprints, but back when hubby and I were going through it, it was 5 months! The Commissionaires is supposed to be much quicker at obtaining prints.

Here is a link to their website:

http://www.commissionaires.ca/services/fingerprinting.html

[IR5FORMUMSIE 850]

Another piece of advice:

I don't know how long the wait time is now for fingerprints, but back when hubby and I were going through it, it was 5 months! The Commissionaires is supposed to be much quicker at obtaining prints.

Here is a link to their website:

http://www.commissionaires.ca/services/fingerprinting.html

If it means anything, I called a few places in Toronto (just curious) and they all stated that the delay is for paper fingerprints, electronic fingerprints are received in 3 months maximum and most are usually done in half that time.

[daisylynn 0]

Thanks for the replies everyone!

I just feel like crying This is all so confusing to me! I don't understand all the police/law talk. I just can't seem to wrap my mind around it all. I'm getting my husband to look over these posts in hopes that maybe he can get idea of what needs to happen.

I am so frustrated that we are in this situation in the first place. I know dh wasn't the perfect teenager and he did his fair share of stuff, but he also got into some trouble that wasn't all his fault. Ugh!

As far as the digital fingerprinting. I did call the Commissionaries a couple of weeks ago and talked to a guy there. He said that once it left his hands, it was still the wait time that the RCMP said. He didn't make much sense to me. I kinda wish now we would have just done it and not listened to him. We thought we'd still have to wait the same amount of time.

We sent off his fingerprints on August 20, so it's been about 50 days. Would it be worth it to go through Commissionairies even now? Can we even do that since we've already sent off the fingerprints? Will it mess anything up to do it twice like that? Also, does anyone know the charge for digital fingerprinting?

Thanks again!!

[~Laura and Nick~ 5]

Just wanted to say Hi Tammy...I'm from Brantford as well.

Hugs

~Laura

Edited October 10, 2007 by ~Laura and Nick~

[trailmix 77]

Hi Tammy,

From what I take from your post you are concerned about 3 things - fingerprints, court records and whether your Husband needs a waiver.

Fingerprints

I visited the commissionaires website that autumnchik posted and they say they can get the digital fingerprint check back in 3 days, I don't know if it is true or not as I haven't ever used this service, but it is worth another phone call if you think it would help to get them faster.

They don't say on the main site what they charge but I followed a link to the commissionaires website in BC and their charges are:

Cost Starting at:

$30.00 (GST included) for initial set

$25.00 (GST included) for each additional set

Method of Payment Cash, VISA, Mastercard, American Express or bank card

Link to BC commissionaires site

I know someone who had their fingerprints done in Calgary at the Police Service in early June - they still haven't received the report back, if that is any indication of how long it is taking.

Court Documents

For the court documents try calling the courthouse and asking, I'm sure they will be able to help - the website for contact information for Ontario Courts is here: List of Ontario Court Addresses/Contact

Waiver

As far as crimes of 'moral turpitude' go - as blueblue mentioned in the waiver forum - simple assault is not, which is good but as far as needing a waiver - that seems to still be up in the air and I just don't know anything about it. IR5 did mention that there is a sentence for each of at least a year - so that might be somewhat of a stumbling block.

It seems to me that the best person to ask would be USCIS. Is it possible you and your Husband could schedule an appointment at the consulate, after you get the court records and discuss it with them? Maybe they would be able to tell you what you need to do with regard to a waiver - if anything.

Hope this helps, if not, please ignore

Edited October 10, 2007 by trailmix

[IR5FORMUMSIE 850]

Thanks for the replies everyone!

I just feel like crying This is all so confusing to me! I don't understand all the police/law talk. I just can't seem to wrap my mind around it all. I'm getting my husband to look over these posts in hopes that maybe he can get idea of what needs to happen.

I am so frustrated that we are in this situation in the first place. I know dh wasn't the perfect teenager and he did his fair share of stuff, but he also got into some trouble that wasn't all his fault. Ugh!

As far as the digital fingerprinting. I did call the Commissionaries a couple of weeks ago and talked to a guy there. He said that once it left his hands, it was still the wait time that the RCMP said. He didn't make much sense to me. I kinda wish now we would have just done it and not listened to him. We thought we'd still have to wait the same amount of time.

We sent off his fingerprints on August 20, so it's been about 50 days. Would it be worth it to go through Commissionairies even now? Can we even do that since we've already sent off the fingerprints? Will it mess anything up to do it twice like that? Also, does anyone know the charge for digital fingerprinting?

Thanks again!!

Please try not to fret, we will all help you work through this.. Trailmix, as usual has some sound advice. Blueblue is correct about simple assault but the charges are a bit beyond that. I don't think sending in another set of fingerprints would help but it wouldn't hurt. The places I tried were not Commissionaires though (FIPS and International Fingerprinting Services). I got the latter from the AMCITS website. I believe the charge is $25.00 for checking by the RCMP and whatever the fingerprinting fee is, I was quoted $25.00 and $35.00 respectively. I have the address and phone numbers for courts in the Brantford area from the Ontario Courts website posted below. You could certainly broach the subject of what to do with the USCIS but I would also try to use some of the free consulations online and local immigration lawyers sometimes offer. The info is below.

Please contact the court office for hours of operation.

Region Location Office Telephone Address

Central West Brantford Civil - Superior Court of Justice 519-752-7828 70 Wellington St.

Brantford, Ontario

N3T 2L9

Central West Brantford Criminal - Youth - Ontario Court of Justice 519-758-3460 44 Queen St.

Brantford, Ontario

N3T 3B2

Central West Brantford Criminal - Superior Court of Justice 519-752-7828 70 Wellington St.

Brantford, Ontario

N3T 2L9

Central West Brantford Criminal - Ontario Court of Justice 519-758-3460 44 Queen St.

Brantford, Ontario

N3T 3B2

Central West Brantford Enforcement - Superior Court of Justice 519-752-7828 70 Wellington St.

Brantford, Ontario

N3T 2L9

Central West Brantford Family - Superior Court of Justice 519-752-7828 70 Wellington St.

Brantford, Ontario

N3T 2L9

Central West Brantford Family - Ontario Court of Justice 519-758-3460 44 Queen St.

Brantford, Ontario

N3T 3B2

Central West Brantford Small Claims - Superior Court of Justice 519-752-7828 70 Wellington St.

Brantford, Ontario

N3T 2L9

Please let us know what happens and just take it one step at a time. You've started with the fingerprints, are going to get the court records and then we can all help you figure out where to go from there. One step at a time.