Trespass + Simple Possession charge - is waiver needed?

@Donald
I suggest you don't mention anything about the marijuana since you weren't charged.
they do not like to hear that.

@J Rogers I am currently in the US, I've talked to an immigration lawyer for a free consultation, and they said that a Nolle Prosequi disposition is not considered a conviction, she also told me that legally speaking I can deny that I ever did the crime since the charges were dropped, I don't see how that makes sense but she assured me that if they ask, I should say that I was not found guilty and never plead guilty and therefore did not do anything.

@J Rogers I can't go because I am currently in the US, I am currently on TN status but I know a lot of the time CBP officers don't search or sometimes the record doesn't get shown for whatever reason, but I'm not risking going back to the border just to check this. To be completely honest because the charge was fully dismissed and the paperwork even said "acquittal" and because I even went and got a TN before I just assumed this wasn't an issue. I don't know what happened though.

The same happed to me while in miami in 2012. I was convinced to take a plea bargin. The charges were dismissed. Last year I was selected for a random check (the agent was training a new guy and he wanted to show him how to use their database!) my arrest showed up and I got a lifetime ban for moral turpitude. My point is that they will likely never check but all it takes is one secondary screening

@Sam 84 Did your possession charge get fully dismissed? Mine got dismissed because my lawyer was good friends with the prosecutor and the prosecutor basically decided to do him a favor and also because my case was tried in a super over-worked court with actual severe crimes so a simple possession charge was not worth prosecuting. I'm not sure what I should do in the case of a border guard asking me if I committed the said act?

@Donald, indeed, the charge was dismissed because the court declined to prosecute. An arrest record may still be accessible if specifically searched for. Regarding the primary screening, I believe they inquire whether you have ever been arrested, regardless of conviction. Based on your response, you will have a single opportunity to provide a compelling explanation for your mugshot and arrest record. The officers are trained to elicit statements that may render you ineligible. This is how I became entangled in Waiverland

@Sam 84 So the officers asked you about the conduct relating to the charge even though it was fully dismissed? Are you sure that the dismissal wasn't based on rehabilitative grounds or pled down? My case was just fully dismissed due to pure luck (lawyer was friend of prosecutor who was extremely overworked, the weed wasn't actually mine either, but my "friend" had surreptitiously given it to me when he saw the police car outside). I'm not really sure how I should go about answering conduct based questions, as an admission would make someone inadmissible even without a conviction.

@Donald, if I check my arrest report in Miami-Dade, it says "arrest-arraignment-nolle prosequi" (refused to prosecute). Being arrested, processed, and released without charge still creates a record. When the officers asked me about the event, I said that I was arrested for cannabis possession while on vacation but that the charges were dismissed (they could see it in their system). I was not asked if I did it or not. I feel like the officer was more inclined to trust the judgment call of the local police officer who made the arrest. There are many posts here about people dealing with the lifelong consequences of an arbitrary or overzealous arrest. Ultimately, they judge your moral character. I was sent to secondary for the first time ever because I was crossing with my Cuban husband. I feel your frustration!

@Samuel8911 was there anything like fines, probation, even a diversionary class or a guilty plea or admission of guilt? I got off basically without any of the major prongs of conviction because of my lawyer and also because of the fact that the police officer was nice and noted that the weed wasn't actually mine but rather handed to me literally because my so called "friend" at the time was in front and noticed the cops were there and didn't tell me before it was too late. I'm kind of confused about what to say because technically I didn't commit any crime but also conduct based inadmissibility is extremely broad and has no statute of limitations.

@Donald, I completed a diversion class. The court docket doesn't mention it, and it says dismissed/nolle prosse. I didn't have any intention of visiting the US because the hassle wasn't worth it. I did the waiver because of the fee increase and the hope that the adjudicator will give me five years based on the nature of the incident and the length of time (14 years). If I get one year, I'm definitely not paying 1500 CAD. The only annoyance for me is connecting flights. I know the US doesn't care, but I'll just continue spending my holiday money elsewhere.

@Samuel8911 Dang wtf? They aren't supposed to find anyone inadmissible based off of a dismissed charge because a dismissed charge has a huge chance of being a wrongful arrest. Luckily my lawyer managed to get the FBI fingerprints removed and expunged, but I'm kind of nervous now.

To the point on going to the border - explaining that you are not crossing but asking to talk to someone to see if you are admissible - despite explaining that you are not crossing, they will deny you entry and put it on your file.

Speaking from experience here.

@Donald make sure they have also been removed from the local/county/state system too just in case. If it ever comes up just deny that you did anything. They can't ban you for something you didn't do. I wouldn't mention that you know someone that knew the prosecutor. As a Canadian visitor it feels like a red flag about your ties to the US

@Samuel8911 the FBI prints are expunged and the arrest record is expunged down to the state level. I can’t get the local arrest record fully removed.

@Donald, I went to submit my waiver yesterday. Before submitting the waiver, the officer made sure that I truly required one. I ended up needing one because I paid a fine, which is an admission of guilt. Even though I was already banned, the officer really made sure that I was indeed inadmissible (I didn't ask to reconsider). Based on my experience, I don't believe that your situation will require a waiver. I think that if you proactively admit to a "wrongful arrest," they may ask for more documentation. My suggestion is to carry the police arrest report and court docket. That would avoid being told to return with the documents. I have been crossing dozens of times before my arrest turned up. You should do some research to see whether a wrongful arrest is considered an arrest and whether you could answer no if that question is ever asked.

@Samuel8911 @J Roger I have asked a lawyer, he said that the arrest wasn't wrong and basically any police officer can pretty much find a reason to arrest anyone they want if they have even the slightest reasonable suspicion, regardless of the actual reasoning.

For others who may read this:

I did phone CBP about this and the first officer said that it would probably be fine but the second officer I talked to was in very usual CBP fashion a complete douche who was trying to make moral judgements of a 17-year-old who got wrongfully arrested, the first officer advised me to carry the documents from the court and not to make any noise about it unless asked and not to admit to any sort of offense, as it currently stands, I am not inadmissible as I was not convicted and I have never admitted to any sort of crime to a CBP officer.

Since the arrest record is in the US and since it was "nolle prossed" as my lawyer put it, it is basically in immigration law terms an acquittal, but the officers may not be that intelligent mind you.