Waiver application processing times

Could he not also try to get a Port Parole on urgent business grounds? (ie, he will lose his job if he can't attend the mandatory training in Wisconsin). Might be worth a shot. I know for business cases they are tough unless you can prove loss to the individual (which this might actually qualify under if it's a high paying job, expresses remorse, etc)

@michelle I've heard that's the case.. the CBP Port directors are much more open to granting them for business circumstances when you prove the waiver application is in.

That's my thought anyway. I may be wrong on that one, but I am hoping to do

@javier

Just to clarify, you don't "write to the RCMP" to remove the conditional discharge. You simply have fingerprints done at any fingerprinting place, for the purpose of the Pardon/Record Suspension. This will "prompt" the RCMP to "see" that it has been 3 years and they will remove it. This "result takes 2-3 weeks. If you "write" to the RCMP, and they even bother to do it, it will take months.

Based on what you are describing, you will probably not get a waiver.

-its too soon
-the 'circumstances' will be hard to describe and put you in a positive light
-there is no chance after such a short period you would be able to argue "rehabilitation"

But you should not TRY for a waiver. Simply wait the 3 years, have it removed by the method I described, and you will never need a pardon or a waiver or ANYTHING else. This is not the type of offence you want Homeland Security to be making moralistic judgement calls on. Not under this administration.

As for work, there are creative ways to explain why you cannot travel into the United States that do not involve criminal offences. Or, when time for training or going o the United States comes up, sudden illness etc.

I do not want you to lose your job, but in all honesty, you are going to end up paying a LOT of money for something you may not even be able to get for 5 years. And in THIS case, I would not even TRY a waiver for 5 years, but my advice is to NOT try at all.

@Irvin88

Absolute discharges and peace bonds are not considered criminal records for CBP however anything that touches drug or sexual offences will most likely result in refusal to the US. Under the current administration, this practice is even more strongly enforced.

Your peace bond and absolute discharge will not get purged from the database after one year regardless of what Canadian law or your lawyer said. You have to take the necessary steps yourself to purge it.

Here's what you need to do. Wait for the year to be up, basically one year after the sentencing date. Then you either write to the RCMP or your local arresting police force asking for a file destruction. The file destruction can take a year to be completed. A faster way to do things will be to ask for a set of fingerprints done from the RCMP and they will remove the information from the database after the year has passed.

Once the info is removed properly, CBP cannot see it. That being said, they can find out anyways by asking other questions. One such question: Have you ever been arrested? They can also ask the Canadian government but they never do unless you are threat to "National Security". You should never lie to CBP but as I stated before you are wise enough to know how to answer.

@Hatsbootshatsboots

Now that all fingerprints are electronic, this is no longer the case:

“Then you either write to the RCMP or your local arresting police force asking for a file destruction.”

(If you were trying to remove a "withdrawn, stayed or dismissed" charge, then you ask the arresting police force to remove it, and THEY will either say "yes or no" and THEY will ask the RCMP to remove the record.)

Your second piece of advice was correct;

“A faster way to do things will be to ask for a set of fingerprints done from the RCMP and they will remove the information from the database after the year has passed.”

Except since he is in Mississauga he simply googles any place that does fingerprints. The police do not do them in the GTA. I am in Brampton and would be happy to help. Get the fingerprints done AFTER the one year has elapsed. Its $87.15 at my office. On the Spot Fingerprinting.

Remember, a conditional discharge or absolute discharge can ONLY be given if you PLEAD guilty. That is why when the criminal act was amended on July 24 1992 they were treated differently than "regular convictions" (Pardon needed) or "withdrawn, dismissed, stayed" charges (file destruction needed)

The problem with records is that there is a disconnect between what you READ online, and Reality. The RCMP in 2019 are probably simply going to ignore a letter asking them to remove a record, everything is electronic and it can be done in 30 days or less if you simply get fingerprinted. Also you get a CERTIFIED DOCUMENT, indicating you have NO CRIMINAL RECORD.

Do NOT test Homeland Security with a Voyerism charge less than a year old. You will not get a waiver ven with an absolute discharge, because although your sentence was non existent, you plead GUILTY.

:: @John Rogers added on 26 Mar ’19 · 18:28

@Irvin88

Obviously you should have been included in that last post.

@Irvin

Just do the fingerprints first. When the results come back, then you can ask the Peel police to "remove it" but Peel is a difficult police force to deal with. Once you send the letter with a photocopy of the fingerprint results you usually have to call and badger them into responding. Even then they will insist "we won't show it, its a discharge".

None of the dealing with the Peel police affect you travelling by the way. 22 Division is also where you send the letter, to the records division. (not because you were arrested there, but because that is Peel headquarters)

Once you are off CPIC, Homeland Security will have no clue it ever happened. Technically for travel, the fingerprints are enough.

@Irvin88

The fingerprints bring the record to the RCMP's attention. They will REMOVE the record because you are forcing them to look at it. The Peace Bond will be over so they will remove the record permanently.

Homeland Security will not be able to see it. You will not need a waiver.

#1672 Irvin 88, Okay, my information is going to be different then above...no disrespect to anyone....Peace bond and a Discharge are too different things. A Peace Bond will remain on your criminal history in CPIC ......IT IS NOT A CRIMINAL RECORD - it is a criminal history and yes it will show for Voyerusim, and yes, Customs will see it when they querying your name. I deal with this a lot for Immigration purposes...If you request an Immigration criminal record check, all peace bonds, withdraws, stay of proceedings, ect...will show up unless you have a file destruction. This is an agreement between the RCMP and Immigration Canada. You will require a file destruction to remove the peace bond (and it is at the RCMP discretion to grant a file destruction). I have had some denied even though the peace bond was over. (depending on the circumstances). There is no connection to your criminal record and your passport currently, unless you have a travel ban on your passport or you are a member of "certain groups" that is a concern to Security. A Conditional Discharge IS A CRIMINAL RECORD for 3 years from date of sentence. Although we experts have different opinions on how to treat some of the more complicated issues, our processes get you to the same place and we will help you, although maybe in different ways. My background is with police and the different computer systems that exist with your criminal information, CPIC is only one system. So, I never advise people, US Customs will not know about this or that..but that is my policy. You never know what is going to happen until you submit an official waiver application or until you deal with a Customs Officer while traveling, each person is unique. If you are really worried about what is showing on your criminal record, or what to know what US Customs is going to see...I suggest you go ask for a criminal record with fingerprints, (marked for a Record Suspension)...This also shows all criminal convictions, charges, ect...and you will see everything that is under your fingerprints / name and date of birth. This is the best to do, as the RCMP and Parole Board of Canada have an agreement that all information is disclosed on these type of criminal record requests.

@Michelle

Irvin88 was specific that he has an Absolute Discharge with a Peace Bond. Once he is fingerprinted (after the year is over) the record is removed from CPIC. I understand the "levels" (as you have explained well in another post) but if our own RCMP send it back "no record is associated", where would Homeland Security see it? An absolute discharge is DESTROYED when you get printed after a year. Note the Peace Bond portion would have been completed as well.

I have been doing these types of Pardons/Removal of Discharges/Charge Destroys since 1998.

Think about how many people I have told they DO NOT NEED WAIVERS. Now think of what the FIRST thing they would do when they are caught at the border. They would at least call to bitch at me if not demand I help them with a waiver. But it never happens.

Don't forget, if I am WRONG, I make way more money. If people like Irvin88 need a waiver anyways, thats BETTER for me. So my "profit motive" is actually the opposite of my advice.

Another waiver in:

December 16 2018 -March 25 2019 5 years.

1991 (1) Possession of Property Obtained by Crime (2) Fraudulent Use of Credit Card (3)Fraud Over $1000

First waiver applied for.

#1675, John, I missed that he received an Absolute Discharge with Peace Bond. But that doesn't make sense, for the court to issue both to me, but stranger things have happened...You have to keep in mind, that the RCMP release information for different purposes. The RCMP results for employment, travel waiver would have come back clear or as you stated no record associated. However, as I noted, that if the request would have been for Record Suspension or Immigration, the peace bond would show. Keep in mind, that information showing to people who have access to CPIC is much more then what is given to the general public. You are right in the fact, most people do not need waivers if they have a peace bond showing. As I stated my comments are different then yours and I am not saying you are wrong by advising that a Peace bond does not need a waiver. In fact, I agree with you, as most times peace bonds are issued for assaults, which is not a big deal to the USA. Where peace bonds become a problem is with Immigration. Most people have to have a file destruction to remove them to carry on with the Immigration process.

@Michelle

Yes I thought you missed the "Absolute" part.

Just to clarify, Michelle as she has stated has extensive hands on experience within the justice system. I ONLY have my knowledge from experience and results. So that is why we do see some things differently, but for everyone here, you get the benefit of experience from different sides of the legal system.

@Michelle

There are 4 levels on CPIC from my experience.

Level 1 shows the presence of a criminal record if a pardon is not received. It's a basic check.
Level 2 shows discharges or peace bonds in effect and outstanding charges
Level 3 shows discharges, peace bonds and withdrawn charges that have not been removed.
Level 4 is the vulnerable sector check which reveals pardoned convictions and non convictions. Mostly used to screen out individuals with sexual offenses. Reveals other information on an individual which is often not relevant.

There is other info on the database such as missing people, stolen vehicles, individuals with mental illness who required police intervention, high risk individuals (carding individuals often designating them as high risk for example) and any other negative police interactions.

We don't know what CBP has really access to. For matters of national security, the Canadian government will never say.

The best approach would be for someone who has an absolute or conditional discharge to wait a year or 3 years respectively after the sentencing date to purge the discharge. Then, ask for fingerprints to be done similar to getting a pardon to remove it from the database. The RCMP be prompted to remove it according to the Criminal Records Act. Someone can also ask the local arresting police force to do a file destruction. File destructions are at the police's discretion. Some of them get denied. Police love to store as much information as they can on someone and will tell them not to worry. They also take a long time to process file destructions.

Peace bonds, withdrawn, suspended or stayed charges and acquittals are not like discharges. They stay on the database because the law doesn't say they must be removed like discharges. A file destruction is needed here. Again, the local police can deny requests and set their own rules. Local police in southern Ontario are really hard to deal with especially Toronto, Peel and Mississauga. Toronto Police have listed primary and secondary charges on their website, anything designated as a primary offence will not get approved for a file destruction except under special circumstances.

Ironically getting a pardon destroys most of the information on the database but people who are not convicted of anything have no legal recourse to protect them other than a file destruction, technically police are not even obliged to approve the file destruction. Unaware, people attempt to cross the border and are denied. CBP doesn't care much of peace bonds and discharges as long as it is not a sexual offence or drug related but it only takes for one CBP agent having a bad day to deny a Canadian even with an assault or DUI. Conditional discharges are treated as a criminal record by CBP agents.

Ontario recently passed a law that limits what police can show from the database for employment however this does not prevent CBP from seeing it. Other provinces have their own rules. Also, the Liberals did state they will limit individual mental health information from being disclosed to CBP agents last year.

Approved file destructions if done properly remove the FPS number of an individual (fingerprints) and all other non conviction information for travelling purposes.

The system is clearly broken but politicians are unwilling to fix it. The right believes that punishment is the only answer and making the system harder. The left promises reform but has no clear direction and often makes the system even harder. The media wether left or right leaning just dramatize the whole thing and spread fear or hatred among the population.