Arrested for trafficking but never charged

PeterCPA posted 2 years ago

I was arrested in Oct 2022 for trafficking after the RCMP seized a package addressed to me.
I was interrogated and released, I was never charged.

In Oct 2023, I tried entering the US and was flagged. The border officials called the RCMP investigator and received the whole case file. They held me for 5 hours and basically read the whole case file to me and asked questions about my education, career, family, etc. I signed a "Withdrawal of Application for Admission" form and was released. I was told by the CBP officer that I should apply for a waiver.

I need some advice, should I apply for a waiver now? Or wait some time?
Is it likely that I be approved because I was never charged? Or is not being charged irrelevant?

Please recommend a waiver lawyer to help me submit the form.

J Rogers (trusted member) Trusted 2 years ago

You should receive a "September Letter" which is a letter stating "you don't need a waiver". If this is done right. You are not technically inadmissible because you were not convicted. Sounds to me like the officer just wants to let someone ELSE make the final determination. If you truly did nothing wrong, no need to wait.

Feel free to call me. John Rogers 905-459-9669 and I can give you some more details. Pardon.experts@rogers.com

lorenzo 2 years ago

(I'm not a lawyer!) but I recommend EMPHATICALLY you do not apply for a waiver. Without a conviction, the CBP needs an admission from your own mouth you did something wrong. And filing a waiver application is essentially deemed an admission that you did something that needs a waiver! it's insidious.

Hopefully you didn't admit anything to the CBP when they were questioning you. I normally support complete honesty to the CBP officers EXCEPT when they ask you for details of arrests/crimes that no one can prove. In those cases, deny deny deny.. regardless of the truth in your heart.

My experience for future people who are arrested:

I got my first waiver in 2002. I was arrested, tried, and acquitted of drug charges in 2010. After acquittal I had to wait 6 months, and then I could file a request with the police department to have my arrest record deleted. From the day of arrest -> day my record was deleted, I did not go near the USA border.

After the record was deleted, my old waiver was expired. I got a good lawyer who filled out my next application ambiguously... basically to the question "What times have you been arrested or convicted?" he entered "See attached criminal record search"

I've never had CBP ask me about the 2010 arrest, so I think it never was pulled into their records.

Arrested for trafficking but never charged

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