@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(If you were trying to remove a "withdrawn, stayed or dismissed" charge, then you ask the arresting police force to remove it, and THEY will either say "yes or no" and THEY will ask the RCMP to remove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criminal act was amended on July 24 1992 they were treated differently than "regular convictions" (Pardon needed) or "withdrawn, dismissed, stayed" charges (file destruction needed)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.

@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.

I’m too in a similar issue, it has not been a confirmed sentenced by the judge, but it is a joint plea with the prosecutor for an absolute discharge with a peace pond attached after I complete my counseling which I’m attending, should be completed next month, with an absolute do they treat it the same as a conditional? My charge too is of voyeurism in Mississauga, after the 1 year has lapsed and they purge the file as they say they will, will I still not have a fps attached to my record because I was fingerprinted or will they destroy everything including the local police picture and fingerprinting as I do not want the Americans to see the FPS number with what a blank history.

Thanks all

@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.

Thank you for all the information and I will be emailing you regarding the events, but can say it differently wasn’t anything like a hidden camera in a clock or a toilet or anything like that but in the public at a dollarama store in front of cameras. Idiotic mistake that I’m grateful for not receiving a conviction, a prosecutor and the whole court process is a scary place to be and someone I never wish to be again.

@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

@1661..Parole pass is soooo...difficult to get..I only do them for medical reasons..its possible..but highly unlikely he woukd get one..also the borders here will not even look at a parole pass unless a waiver application has been submitted..u must provide receipt. @ Javier if u want can u email me info@fingerprintpardon.com the details of event..and I will give u my honest opinion. For example: stories I have dealt with....out drinking at the bar..went into ladies room on a drunken dare from friends??? Or peeking in a peephole drilled in wall?? See the difference in story is going to tell me ur chances of a waiver..tks

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)

@micelle
Thank you for responding, I would like to continue working at my current employment but would need a waiver , incident happened last year in June, sentencing this year, if the time timeframe is not in my favour then I can see why I would not possibly get a waiver, I would go to a waiver service online but they will not be honest and just submit the application knowing full well I won’t get it it, so I’m grateful for any information, if there is a possibility that I may get a wiaver then I will do it.

@1656..Javier..Hats...gave u pretty good info..c. disharge will be removed in CPIC 3 yrs from sentence date..until then. .u have a c.record which may effect new job hunting...I am not too concerned about ur conviction regarding a successful waiver..I would need to know much more details of the circumstances. .I am more concerned about the amount of time since incident and conviction date..then the event itself..if u received a successful waiver..most likely 1 year. .then 5 year on renewal..my thoughts..

Thank you hats, that was very informative, either I wait for the discharge to be removed and ensure everything has been destroyed, which is still 3 years for me, or basically I look for another job, which is unfortunate, as long as the company only pulls a criminal record check and not a judicial or vulnerable check my discharge should not show up within the timeframe of the discharge I’m unsure if my crime is considered a petty offense, I would be traveling to Waukesha in Wisconsin and would need to look that up. Either I try to see if Im able to get a waiver which means I would be doing this for life unless I’m lucky enough to get a 5 year waiver on renewal so it would be less of a strain in money, I’m just unsure if it would be successfull for this crime.

@ Javier

A canadian conditional discharge is a criminal record for US immigration purposes. An absolute discharge is not as this is considered deferred adjudication.

Either way, CBP is notorious for not knowing their own immigration laws and will deny almost anyone with a criminal charge whether they were proven innocent, guilty or criminally not responsible. A drunk driving or simple assault charge are the only two offenses that will most likely not bar you entry to the US.

Voyeurism is not an offence in most US states as of yet, neither for the federal government. This will likely change in the future. However, it can be classified under sexual harrassment, intimidation or coercion. According to the most updated version of what is a crime of moral turpitude, sexual harassment is not a CMIT. This will likely change in the coming years. The matter will most likely be settled by US courts. These criminal charges are fairly new and it will take time for states to update their criminal statutes. Coercion and intimidation do fall under CIMTs however.

There is a rule in US immigration law that might work in your favor, the petty offence exception. The offender must only have committed one crime of moral turpitude other than prostitution or drug related, and the maximum sentence that can be imposed cannot exceed more than six months imprisonment if committed in the US. You can do the waiver and hope for Homeland Security to get you a September Letter under these circumstances. There is no guarantees you get a September Letter however.

Another thing that you can do is wait for your conditional discharge to be up, normally you must wait 3 years after the sentencing date. The discharge should be removed automatically but this rarely happens. You need to write personally to the RCMP to remove it from your record and wipe it clean. Another thing you can do is ask the local arresting police force, the police department that arrested you, to do a file destruction on your behalf to wipe out your record including shredding your fingerprints.

Voyeurism is considered pretty serious and will not necessarily destroy all the information but the fingerprints/discharge will be removed from the RCMP database. Certain information can still be obtained however under the Privacy Act, nothing gets really destroyed, just tossed aside from the public. Avoid all travel to the US in the meantime.

If all the info is removed from the RCMP database, CBP cannot see it if they never accessed it before. However, I have reason to believe that if you were issued a new passport after you were discharged, CBP can probably see the info when they scan it, therefore it is important to remove everything before getting one. If asked after by CBP, if you have been arrested, you shouldn't lie but I believe you have enough judgement to know what to answer.

Now, I do except for a certain individual, John Rogers, who posts here constantly to repeat what I stated in subsequent posts claiming that he is "correcting me". Obviously, he is looking for potential clients to expand his waiver business. I believe you are old enough to take the right decisions. He will charge you top dollar. So, I hope I answered all your questions regarding your situation. I do also waivers but I provide info free of charge.

Have a conditional discharge for voyuerism for trying to look up a woman’s dress, after 8 months of embarrassment and paranoia of not knowing what will happen with myself and the stress placed on my family plus the tens of thousands spent On a lawyer is enough to deter anyone from making a stupid mistake again. My work requires me to travel to the states every 2 years for a week to update and maintain my credentials. Can either Michelle or Rogers give me an input as to the chances of getting a waiver with a discharge and if it falls as a crime of moral turpitude.

I submitted Jan 28,waiver dated March 11th ,crazy i know,as my first waiver took two damn years and was valid one year.This one is for 5.

@John I know John but maybe something changed, maybe Trump got hit on the head, and maybe you stopped voting a mishmash of Orange/Red. :)

@jazzsax1 whatever I told you still applies.

I submitted my waiver (renewal) Sunday, Dec 8th, 2018, the waiver is dated March 18th, 2019.

Wow all these lucky people getting 5 year waivers while I wait to apply.

Daughter just made the Div 1 Sr Ball team. next possibility from there is the travel team which would suck as I need a waiver.

John, how soon? LOL

@Tommy, I misread your first statement, sorry. My mistake.

@Doug Burch - awesome news. No need to a Port Parole now. I am very relieved. I saw the message you called (I coach rugby for the local high school in the spring so I am out of the office a couple of days a week form 2:30-430) and this will also give some other people a good benchmark. Can you remind people of the exact date you handed it in, and the exact date on the waiver?

@ Tommy thanks again for the inspiration. I kind of think the same way as you do. And I'm truly glad that the "waiting" part is over for you.

@ John thanks for the input. It really helps a lot of readers of this forum.

@ Michelle thanks a lot too for sharing your knowledge, lots of people really benefits from it.