@Michelle

Thanks for the advice. Following my arrest, I took an interest in reading about the law.

Intimidation is the old charge of harrassment before it was added in the criminal code as a separate crime from my understanding. Nowadays, people get charged with harrassment but cops will charge people with intimidation if there is lack of evidence. It is a redundant charge and should be removed from the criminal code however it is morphing into a separate charge for people who bully others, mostly applied on teenagers. We are charging kids now under this adding to the list of criminalized kids and teenagers.

I am a man, so I must be a dangerous criminal mastermind seeking to bully a helpless woman who won't stop harassing me and trying to vandalize my property because I decline her advances. Hopefully, she's gone and I don't have to see her face again even though she ruined part of my life.

Anybody who files a complaint to the police stating that they feel threatened by someone is enough for the police to charge someone with intimidation. It is very hard to prove but cops don't care and let the court decide if the accused is innocent or guilty. Cops nowadays lack judgement and it is awful that Canada is slowly turning into the US on this matter. Cops will fingerprint the accused and treat him as a criminal even if he is innocent for the rest of his life.

I rather not state which police force charged me but I read on their website that dropped charges or acquittals do not have a waiting time for file destructions. You must however wait the full 3 years for a conditional discharge. This means once the discharge is complete, someone can request for one. They seem to indicate on their website that all file destructions are accepted for a small fee but only the fingerprints are destroyed. Fingerprints have an FPS number that is registered on CPIC. My guess is once this # is removed, all the charges are gone from CPIC. However, we don't really know if the information is truly removed. Obviously nobody will tell. Waivers are a lucrative business for the US government.

I understand that there are 4 levels on CPIC. Level 1 is a basic search revealing the existence of a criminal record (convictions) if a pardon is not obtained. Level 2 reveals pending charges. Level 3 reveals conditional or absolute discharges still in force + all charges regardless of disposition. Level 4 reveals all info regarding a person's criminal background. What we call a vulnerable sector.

My understanding is that once they get you, you are in that system forever. One could file for a request to destroy all info under the Privacy Act or what I call Access to Public Information Law but my feeling is these requests get denied.

I am pretty sure US border patrol has access to all levels of CPIC. I would start with the file destruction first as you suggest but I don't have high hopes. If denied, I can apply for a US waiver hoping for a September Letter to the mischief charge. This is were Ken Scott can come in handy I suppose.

On another note it seems to me, cops like to charge people nowadays on bogus matters and take them to court to waste valuable tax payers money. Money will spend don't you think?

Intimidation is a charge that was inherited under the old british criminal code once Canada became a colony and then an independent nation. Australia and New Zealand seem to treat it as harrassment. Most US states treat intimadation as coercion, meaning an individual forcing someone to do an act they don't want to do. It is probably a CIMT, a crime of moral turpitude, given that harrassment is one.

Hi, do you mind me asking which police this was? Okay, thanks for clarification, the Intimidate charge was withdrawn and the 1 year probation and fine was for the C. discharge. To be honest I am not familiar with an "Intimidation" charge, as I have rarely seen it..but am assuming it is similar to a harassment charge, and you did mention the court proceeded by summarily, which is less concerning than Indictable. It will depend on the personal letter and court documents you submit with your file destruction at the time whether the RCMP will deny. I cannot say 100% unless I reviewed these, but wanted you to be aware, that like any application, there is no 100%. If you were a walk in client of mine, I would suggest the following before you apply for a waiver...and that would be to do a simple fingerprint criminal record check marked for a "Pardon". Now before you get excited...LOL..I know that you do not need a Pardon, however, this is the best criminal record check to do, as it shows everything (almost ) that is under your criminal history, including withdrawn, dismissed, peace bonds, ect..and the C. discharge if it is under the 3 years. This way you know exactly what is showing up under your name. I would review this and then provide you options that might be best for you, such as a file destruction, waiver application, ect...If you decide to do a file destruction in the future, you will need these fingerprints results anyway, so it is not a waste of money. Again, this is if you were my client, this is where I would start and go from there.

:: @MIchelle added on 04 Sep ’18 · 18:19

Sorry, I mean no 100% guarantee for any application.

@Michele

I was arrested initially under the mischief charge under 5000$. I was released on a promise to appear. They didn't even take me to the station. They took my fingerprints on the spot. She made false allegations that I destroyed something of hers. I had found something on my property and admitted to the no good cop that I threw it away, it was some clothes of hers. Following the investigation, they later charged me with the second offence of intimidation. It was a summary offence as well. I had no idea about the second charge. They had nothing better to do than to pick a random charge out of the criminal code. Everyday was constant harrassment and threats from her. I should have called the police first or just moved away. I was thinking about moving costs and since I was a man, they wouldn't believe me.

Following a few months, my lawyer me to show up in court, to plead guilty to the mischief charge as the prosecutor was hard headed and wouldn't drop it. My belief is that crazy lady didn't want to drop the case because she wanted compensation. However, the intimidation charge was dropped because of lack of evidence. This is how I was made aware of my second charge. My punishment for throwing away something on my own property was 1 year probation and paying her a small amount for her losses. I was given a conditional discharge. I should have fought the charge and gotten a better lawyer but I was working many hours and going to university. I had no time to waste in court for silly things because of some nutcase. In the end, they made a criminal out of me and I am part of a stupid system because of some stupid cops lacked judgement.

Telling someone to stay away from me is now considered a crime and can get you an intimidation charge. This is what my lawyer told me.

I have a job in my field and I am a member of a professional order. The order knows about my situation but they said it doesn't interfere with my professional activities as the charges were bogus. My employer doesn't know, I got the job before graduating, and I haven't had a criminal background check ever since my arrest. I have kept the same job and haven't looked for other jobs as I fear that my record will stop me from getting those jobs. In the end, it only takes one individual to ruin your life on silly charges because of stupid judgement from a no good cop.

The discharge should be removed in a few months. However ever since my sentencing, she called the cops several times. I was lucky in a way that I wasn't home every time they showed up and they started considering that the woman suffers from psychosis. She wanted more but got a taste of her own medicine. She moved away and let me be. That intimidation charge is considered a crime of violence so a file destruction may not remove it. The RCMP will probably refuse it from what you told me.

So my guess is that I should apply for the US waiver and hope for a September letter in the future. I was never convicted of anything under canadian law. I was found guilty of mischief under which is a summary offence here in Canada. It is not indictable in the US and may or may not be considered a CIMT. US immigration law states that pleading guilty to only one offence with a maximum term of less than six months imprisonment does not make someone inadmissible to the US. I suppose this will change under Trump anytime soon.

There are probably thousands of people like me out there. It takes the goodwill of the politicians to change the laws in place and to stop the criminilization of individuals on bogus charges. However, society is shifting towards the radical right so I don't see any changes in the meantime.

@criminalized Society 1320, Hi, I know you didn't ask for my advise, but here goes, LOL, John is correct, the c. discharge will automatically be purged from CPIC, 3 years from sentence date, you can apply for the file destruction for the other conviction, depending on what Police arrested you. For example I know Edmonton Police has waiting times for certain convictions before you can apply for a file destruction, Regina Police on the other hand does not have any waiting time. Keep in mind the RCMP can and will refuse a file destruction request if it is serious and not enough time has passed. Yes, a file destruction process can take up to 1 year. The RCMP do not like granting them, as it does remove information from CPIC. 911 calls are not entered into CPIC, but are entered in the local police computer system. Now, to be honest, I don't think your "other" charge was withdrawn, based on the info you are providing, it is a bit contradictory, not being rude, just want to clarify, so you are getting the best advise...you state "other charge was withdrawn following a plea deal, a few months probation, no jail time and a small fine." Withdrawn charges are just that, there is no sentence given to them. However, a charge can be withdrawn and a plea down to a "Peace Bond" can happen. However, fines are not usually associated to a Peace Bond. Can you please clarify what your original charge was and what your plea deal was in order to receive probation and a fine. Probation and fines tell me you have an existing criminal record for that charge. You would have received probation for the Conditional Discharge, are you thinking of that? Also USA Customs will seriously consider what your original charge was even though you were not convicted of it..Have you done a criminal record check lately to see what is showing? Do you have court documents?

@criminalized society
Wait the three years. them get fingerprinted. The conditional discharge will be gone. Then apply to have the other charge removed.

Once they are both gone, you will never need a waiver. Ever.

Conditional discharges are misunderstood but filing for a waiver would be a big mistake.

@John Rogers and Ken Scott. I have a question for you both. Here's my story.

I was charged for mischief under and intimidation as a summary offence following a neighbor dispute a few years back. Before that, I never had issues with the law. I was treated like a criminal because some over-jealous woman decided to take money out of me. She was a criminalized lady with a mental health history.

I was given a conditional discharge for the mischief charge and the other charge was withdrawn following a plea deal, a few months probation, no jail time and a small fine. Even the prosecutor and the judge agreed the cops had no reason to charge me. However, I did admit to them that I destroyed accidentally something of hers and they couldn't withdraw the mischief charge, a piece of clothing I found and threw away. I guess if I had hired a better lawyer, the whole matter would have been dropped but I cannot change the past. The conditional discharge from my understanding should be over after 3 years. The time is almost up.

My lawyer back then told me to do a file destruction to remove all traces from CPIC. I haven't travelled ever since they decided to press these ridiculous charges. I went through a difficult time. She continued calling the authorities on me even after my guilty plea and continued to harrash me until the other neighbors took my side explaining everything to the cops. She then decided to disappear one day and move far away from me. The police probably advised her to do so. I don't know whether the subsequent 911 calls she made may have been entered in CPIC as well.

US immigration law seems to suggest that saying that you're guilty to only one offence and your maximum sentence is less than six months of jail time does not make you inadmissible to the US. Mine were summary offences. However, the Trump administration seems to be making up their own rules nowadays and people like me are considered dangerous criminals. I don't think a file destruction will remove all my information from CIPC. They have collected a ton of information on me and I seem to be followed frequently by police while driving ever since the events.

I heard a file destruction can take up to a year to complete. Seems the cops are extremely busy and cannot destroy someone's arrest file. More like, let's charge people for no reason and place them in the criminal database forever. I have lost faith in the whole criminal justice system.

So my question is after the file destruction, do I need a waiver? And is there a way I can get that infamous September letter if I need a waiver. I am a professional and I may require to go to the US in the future.

#1318 Chris your Vancouver lawyer is correct and I think I know who you are talking about. He is right about the passage of time. I assume that you applied for a waiver within the 5-year window. I think after you give it some more time that you will easily get approved.

Your case will not be hard to get cleared under this Administration since it is not a sex crime or PPT.

John Rogers - the first denial letter did indicate my letter lacked a couple items which I think I have rectified. I also served as the president on a board for a large non profit, they wrote me a glowing reference letter

I sent the denial package to a lawyer in Vancouver who specializes in border law. He said it was simply about the passage of time. The denial letter talked a lot about the fact I had “snap” applied. What is interesting is that they like to see a significant amount of time after all sentencing has been served. So if you have 1 year probation they want to see 5 years I’m guessing after that has lapsed

@ChrisD you are convicted 5 years ago, so if rejected again, I am going to assume your letter wasn't good enough to check off the proper "boxes" that Homeland Security wants.

Your rejection letter will be detailed and will highlight this if indeed that is the case.

1311 - I was convicted of Mischeif and Theft ... The theft I beleive is the issue. What it really came down too at the border was that I was proceeded in court by way of "Indictment" if it had not been proceeded by indictment that they would have been OK with the charges.

The reason for their over stay was a medical related event. My mom had to stay because my dad wasn’t able travel and had to be taken care off.

#1309I guess the question is why do they need a doctor note to justify an overstay? Unless one reason they overstayed was due to medical reasons. It almost seems like they may have a medical condition and sought treatment while they overstayed or overstayed due to medical issues. Either way, it also seems that a medical issue was mentioned in the waiver application. Do you consider this to be close Mobbu?

Inadmissibility due to a medical reason is a separate category under the immigration code.

Yes, we definitely need more information though.

@Mobbu I think we need more information. Why do they need a doctors letter?

#1309 I think we may need some more info on your case.

#1304 What was your actual conviction and why did they give you a denial? Do you know the actual statute number under the Criminal Code of Canada?

Did you convicted under Mischief or

Unauthorized use of computer
342.1 (1) Every one who, fraudulently and without colour of right,
(a) obtains, directly or indirectly, any computer service,
(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,
(c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or
(d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.

#1306 Let me just say this...We have a client in Ontario that had a conviction for Obstruction. Specifically, he was driving down the street and discovered an accident scene. A friend of his from the Gurdwara had struck a telephone pole while having alcohol in his system.

The police arrived and tried to question my client. He essentially did not cooperate and obstructed the investigation. In the end, he got convicted of Obstruction.

Anyway, his Obstruction conviction was the type that technically did not make him inadmissible. So we prepared the package to show such and he actually got a September Letter. Same thing happened to a person that had a conviction for resisting arrest by the police in Surrey.

My main point is that your other offences are nothing and do not even require a waiver. You could have had an unlicenced AK-47 in your basement and that conviction would not require that you need a waiver. The DUI offences are nothing either as I assume they were alcohol-related.

The only one that is the real focus is the Obstruction and that could be attacked a few different ways. The big thing in your case is if you had a long probation period or no probation at all. If your punishment was minor then there is a way to show that the Obstruction conviction is not an inadmissible one in your case. A lot will depend on your narrative. There is much more but I do not want to give it away here on the forum.

Anyway, I just wanted to make you aware of it. I hate seeing people apply for a waiver for the rest of their lives if there are other provisions of relief that they qualify for...Hence saving money in the future.

Hi, so USCIS sent my parents a letter on their waiver applciation and asking for a doctors note, to justify there overstay, and a letter from who supported them. I was supporting them financially, as far as the doctor is there any specific way can I should write up the reply?

@chrisD in your case, your waiver would have to show a lot of remorse, and also a lot of understanding form the "victim" side of things. I am curious at what your rejection would say. Having been denied before, did they give a detailed explanation of why?

Usually seeing why they say no is the blueprint to making sure they don't say no again.

@waiver four in my opinion you got the best possible outcome.

@kscott fine of $750 and suspended 3 mos sentence