Kissiedemon

I am on Pretrial intervention right now for a 1st offense petit theft, and under probation (mail-in probation), which mean I only have to fill out a monthly report and email it to my probation officer. I have no travel restrictions, but all I need is to inform my P.O about my travel,. And there is no plea of guilt, and once I completed the conditions the case will dismiss, and there won't be any conviction on my record. I am Florida Resident, and I am currently in Alaska right now. Next month I am crossing the Canada border from Alaska and drive down to lower 48 or mainland. My question when crossing the Canada border, and they swipe my U.S passport, will the CBSA knows that I am under probation? What information will it show on their computer screen?

satman40

You were arrested, it is on your record.

Your PO will alert them also.

Be good and they let it pass, get in any trouble and you go to jail.

Stay clean..

Kissiedemon

I have no plan on getting any some type of trouble. That's the only record I have. Will they see it when they swipe my passport?

catocony

I don't think that an arrest is going to get flagged. A conviction, yes, but an arrest?

Kissiedemon

That's what I thought too,. As I was searching for possible answer for this matter and yet I didn't find any accurate answer. But anyway, when I tried to email the CBSA and asked them, when the officer swipe a passport, if it really show on their computer screen about the arrest and probation. He answered, "I'm unsure exactly what shows up on there screen initially, however based on the fact that many people with criminal convictions travel into Canada everyday it's only intuitive that the criminal record does not show up just from scanning the passport. The officer can ask as little or as much as he/she deems fit, sometimes they ask for a lot of information and sometimes they ask for very little."

Antonio8069

Are you driving or flying?
If your are driving, I have news for you. You approach a CBSA officer at a land crossing:
Q- Where do you live?
A- Alaska;
Q - Where are you going?
A - Orlando , Florida (the more detail, the better);
Q- Where are you staying?
A - In transit (magic words) & wherever;
Q- Anything to declare? i.e. what are you leaving in Canada?
A - Nothing.
CBSA - Have a good day.

Kissiedemon

Thank you for your tip. We are driving, yes. My husband is the driver and I will be in a passenger seat. I was just worried, that they might see my arrest record and that I'm under probation when they swipe my passport. But anyway, when we crossed the Canadian Border from Montana, we have no issue or problem at all, but during that day I am not under probation but the cop just asked to appear in court, which is my atty did that on my behalf. I don't have any outstanding warrant or bench warrant at all.

Mrdonut

Florida criminal lawyer here. Are you sure your bail bondsman and probation officer know you have left the USA?
In my jurisdiction the bondsman remains on the bond until the case is resolved, meaning when you have completed the conditions of pretrial intervention. Perhaps you were released by order of the court, w/o a bail bond but most of those orders I've seen restrict travel.
Does the probation officer know you're in Alaska and left the country? I would not have given a client the green light to risk this.
I remember a recent survey had frequent travelers rate Border Control strictness - Canada was #2, Israel was #8, IIRC.
At this rate I would fly to SEA and meet your husband there to continue the drive.

wrp96

Alaska is part of the US. Unless the OP drove there too, then the OP hasn't yet left the US.

Kissiedemon

Hi,

Yes my probation officer and the Judge knew that I am in Alaska, and so as my Lawyer, . The incident happened when we almost leave florida on our way to alaska. Then the cop gave me a summon ticket to appear in court and we are not in florida on that date given, so I hired a criminal defense lawyer, and she knew that I am not in Florida. So the atty prosecutor I guess in court, offered me a PTI, so I signed a paperwork and send to my lawyer overnight since they want the original paperwork. So now my P.O knows that I am not in florida and be back there in florida last week of October. And when I read my PTI contract before signing it, it didn't say any restrictions for travel. But when I have a PTI officer, I told her about our travel plan and she gave me permission for traveling. As long as I will send my monthly report to her, and pay the fees,then keep her update about my address, phone #, and some other travels, then do the community service or buy out the hours, do the health and mental evaluation and the shoplifting class once we get back to florida. The judge gave me a bond amount but its now close since I am eligible for PTI. So i guess I only have a PTI/Probation officer.

Kissiedemon

What's OP? sorry

Jaimito Cartero

Look underneath your name on a post you made. You'll see a graphic that says Original Poster. OP.

kwflyer

CBSA has access to all us government enforcement databases including arrest records.

Lying to a CBSA officer (especially if you're a foreigner) is a big no no. Having an arrest record and being on probation is a big red flag even if you're claiming to be in transit.

I would fly or take the Alaskan ferry if I were you.

Kissiedemon

got it, Thank you. Yes we're still in Alaska. When I had my case in court last May and its totally open which is I didn't know that the cop filed it in court already. We crossed the Canadian Border from Montana on our way to Alaska, and it was a smooth crossing that time.