Court & Prison Records?!

[kcmetzy 0]

My husband had to send off his fingerprints because of a DUI that happened a when he was younger and stupid. Anyway, I just realized that he also needs Court & Prison records because of that incident..

PLEASE PRETTY PLEASE tell me you can just walk in to the courthouse and get a certified copy of his court records. Also, where do you go to get a copy of the prison record? I guess I assumed everything would come back on the police certificate..obviously not.

Thanks! )

[IR5FORMUMSIE 850]

My husband had to send off his fingerprints because of a DUI that happened a when he was younger and stupid. Anyway, I just realized that he also needs Court & Prison records because of that incident..

PLEASE PRETTY PLEASE tell me you can just walk in to the courthouse and get a certified copy of his court records. Also, where do you go to get a copy of the prison record? I guess I assumed everything would come back on the police certificate..obviously not.

Thanks! )

I wish I could but it depends on how long ago the "indiscretion" took place. If it is within the last five years then it might still be at the courthouse but if it is more than five years ago, you'll need to contact the courthouse and see what the procedure is for your area. they might need to search the archives if the documentation is still in existence. If you have the police name check letter then you can hopefully find out the date of the conviction as well as the charge and disposition within a few days if not sooner. The police in the area of the offence will usually have the record of the arrest and disposition. I don't know if the consulate will accept only the police letter but it will get you started.

I don't know about prison records but you should contact Corrections Canada, they should know. That is only if he did time in the big house but for local jails I guess you should contact the local jail or police service in the area.

[Autumnchik 6]

I have no idea about prison records ... but my husband had to get court records too when we were applying for our fiance visa. He had a DUI in the late 80's (when he was also young and stupid!!!). He was able to contact the courthouse via telephone first to find out their procedure and then mailed in a request, and they mailed certified records to his address. He did have to call a time or two and remind them of his request, so I would suggest contacting the court ASAP.

[kcmetzy 0]

Is prison the same thing as jail? I think he could either pay the fine or go to jail for a couple of days...I really don't remember the situation. I could be way off..

He might have even done the house arrest option. I guess he would still have "prison" records, right?

I have no idea about prison records ... but my husband had to get court records too when we were applying for our fiance visa. He had a DUI in the late 80's (when he was also young and stupid!!!). He was able to contact the courthouse via telephone first to find out their procedure and then mailed in a request, and they mailed certified records to his address. He did have to call a time or two and remind them of his request, so I would suggest contacting the court ASAP.

[IR5FORMUMSIE 850]

Is prison the same thing as jail?

I don't remember what the law is in Texas anymore but prison is a wonderful place like Huntsville, whereas jail is like the Bexar county lock up. In Canada jail (usually run by the province) is for crimes and sentences up to two years less a day whereas prison (federally run) is where they send the bad boys (and girls). In Canada there is only one criminal code whereas every state in the union has its own penal code and prison system. There is also a federal prison system for federal crimes.

[trailmix 77]

Is prison the same thing as jail?

I don't remember what the law is in Texas anymore but prison is a wonderful place like Huntsville, whereas jail is like the Bexar county lock up. In Canada jail (usually run by the province) is for crimes and sentences up to two years less a day whereas prison (federally run) is where they send the bad boys (and girls). In Canada there is only one criminal code whereas every state in the union has its own penal code and prison system. There is also a federal prison system for federal crimes.

Methinks you seem to know a lot about the big house IR5

[IR5FORMUMSIE 850]

Is prison the same thing as jail?

I don't remember what the law is in Texas anymore but prison is a wonderful place like Huntsville, whereas jail is like the Bexar county lock up. In Canada jail (usually run by the province) is for crimes and sentences up to two years less a day whereas prison (federally run) is where they send the bad boys (and girls). In Canada there is only one criminal code whereas every state in the union has its own penal code and prison system. There is also a federal prison system for federal crimes.

Methinks you seem to know a lot about the big house IR5

Actually the info was on a Bazooka Joe comic I read.

[Ron/Sharon 0]

Jan Cleary

Clemency and Pardons Division

National Parole Board

410 Laurier Avenue West

Ottawa, Ontario K1A 0R1

1-800-874-2652

She or the receptionist should be able to direct you the proper people. He should call as they will need some information from him.

[IR5FORMUMSIE 850]

Jan Cleary

Clemency and Pardons Division

National Parole Board

410 Laurier Avenue West

Ottawa, Ontario K1A 0R1

1-800-874-2652

She or the receptionist should be able to direct you the proper people. He should call as they will need some information from him.

Thanks Ron. I couldn't find where I placed that address and was going through my files trying to find it.

[IR5FORMUMSIE 850]

Each time you access the form it has a unique identifier number on it. I've attached the instructions and a copy of the form that has never been used.

pardoninstr_e.pdf

[kcmetzy 0]

Each time you access the form it has a unique identifier number on it. I've attached the instructions and a copy of the form that has never been used.

pardoninstr_e.pdf

Are you telling me that he needs a pardon?!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!?????????????

I think I am going to lose my mind.

[IR5FORMUMSIE 850]

Each time you access the form it has a unique identifier number on it. I've attached the instructions and a copy of the form that has never been used.

pardoninstr_e.pdf

Are you telling me that he needs a pardon?!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!?????????????

I think I am going to lose my mind.

DUI can be either a summary offence (misdemeanor in the US) or indictable offence (felony in the US) in Canada. Now the good news. The issue gets a bit muddled since DUI is not a crime of moral turpitude (lacks requisite intent) so you need to get the court records and you may not need the pardon. How long did he serve in jail? Once you know what the exact charge was and how the Crown charged him, it will greatly simplify the procedure.

*crossing fingers and hoping it was only a summary conviction*

[kcmetzy 0]

I think he was in jail a couple days...definitely not a week.

So if it is summary offense he will only need the court records..if it was an indictable offense he will need a pardon, prison records, and court records? I'm just trying to understand this..sorry for all the questions.

Each time you access the form it has a unique identifier number on it. I've attached the instructions and a copy of the form that has never been used.

pardoninstr_e.pdf

Are you telling me that he needs a pardon?!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!?????????????

I think I am going to lose my mind.

DUI can be either a summary offence (misdemeanor in the US) or indictable offence (felony in the US) in Canada. Now the good news. The issue gets a bit muddled since DUI is not a crime of moral turpitude (lacks requisite intent) so you need to get the court records and you may not need the pardon. How long did he serve in jail? Once you know what the exact charge was and how the Crown charged him, it will greatly simplify the procedure.

*crossing fingers and hoping it was only a summary conviction*

[IR5FORMUMSIE 850]

I think he was in jail a couple days...definitely not a week.

So if it is summary offense he will only need the court records..if it was an indictable offense he will need a pardon, prison records, and court records? I'm just trying to understand this..sorry for all the questions.

No need to be sorry, we're all here to help each other out and if you don't ask how will you ever find the answer?

Your analysis is pretty much correct. I would, however, try to get a pardon (it's much, much easier for summary offences) since it looks much better to USCIS personnel and they can make or break your day. DUI is not a crime of moral turpitude no matter what you think of it. If DH has more than one DUI then it gets a bit more dodgy though not much. The INA s. 212 excludes DUI since DUI is a strict liability offence (actus rea, i.e. you performed the act without thinking about it, like speeding) and hence no moral turpitude. Moral turpitude offences like theft, require the "guilty mind" (mens rea) and are considered much worse. As for records, the more the better when it comes to showing the USCIS folks what happened. Don't sweat the pardon though, first get the court records and see what they say.

[kcmetzy 0]

OK Here's the deal..I talked to my husband to get the exact story and this is what happened..

Ya'll are always so helpful and nonjudgmental so i'll share with you..

Please keep in mind he was 20 when all of this happened 1999. It was definitely a rough year for him. His licensed were suspended due to excessive 24 hour suspensions (alcohol related). He was caught driving with a suspended license at a road check and had to go to court for that. He was sentenced to 10 days of electronic monitoring at home but only had to serve 7 days (?!). Later in the year, he got a DUI and stayed overnight in the "drunk tank" to "sober up" and his licensed were suspended for a year. That is his criminal record. It was definitely just an experimental stage in his life, he doesn't even drink anymore, at all. Anyway, he is going to check on court records tomorrow but I am still unsure what to do about prison records.

Thanks everyone for your help.

I think he was in jail a couple days...definitely not a week.

So if it is summary offense he will only need the court records..if it was an indictable offense he will need a pardon, prison records, and court records? I'm just trying to understand this..sorry for all the questions.

No need to be sorry, we're all here to help each other out and if you don't ask how will you ever find the answer?

Your analysis is pretty much correct. I would, however, try to get a pardon (it's much, much easier for summary offences) since it looks much better to USCIS personnel and they can make or break your day. DUI is not a crime of moral turpitude no matter what you think of it. If DH has more than one DUI then it gets a bit more dodgy though not much. The INA s. 212 excludes DUI since DUI is a strict liability offence (actus rea, i.e. you performed the act without thinking about it, like speeding) and hence no moral turpitude. Moral turpitude offences like theft, require the "guilty mind" (mens rea) and are considered much worse. As for records, the more the better when it comes to showing the USCIS folks what happened. Don't sweat the pardon though, first get the court records and see what they say.