Originally Posted by
rustyhaight
Chuck: I think you're an honest guy. You completed the form honestly, you answered the questions honestly and I think you honestly don't understand what's happened here.
You wrote:
and then
Here's the deal, you don't get
probation if a charge is
dismissed. Probation is a sentence, a punishment for a
conviction. Instead of a fine or jail time, you "get probation." Simply put, if your description is accurate, you
do have a conviction "on your record, in the system" ... somewhere. The RCMP (or a police agency in general) doesn't really independently maintain conviction records: a court does that, the court that generated the conviction. When you wrote...
..."guided" them to the right jurisdiction ("precinct") the record of your conviction showed up and that's where you find yourself now. This sort of thing isn't unusual, see other parallel discussions at:
http://www.flyertalk.com/forum/trave...ada+conviction and
http://www.flyertalk.com/forum/trave...ada+conviction
I can't agree more with the first part of that suggestion, you DO need a good lawyer and it should probably be a good immigration lawyer AND a good criminal lawyer. One would be able to work on the DHS aspect of your situation, the other on the efforts to actually have the conviction removed. I'm sure there are other references but check out:
this link as, perhaps, one place to get more information not to mention this link on Canadian
"criminal admissibility." While these are related to entry INTO Canada, they're going to be a good place to better understand some of what's going on and references there may help you find someone IN Canada that can help. Best of luck.
Thanks Rusty,
Your right I was convicted, due to the circumstances of the offense it was supposed to be removed from my record after the probation period (the judge seen it was a setup and said so in his judgement). Every agency except for the local police precinct removed the conviction from their database, I have had it since removed as there was no charge for doing so and I think they knew it should have been done 22 years ago.
At this point I will just go through with the waiver and get it done, my concern is will DHS stonewall my application? My clearances at the labs I service have been delayed, they won't tell me why. There is no doubt in my mind they are delayed because of my refusal of entrance at the border and there is inconsistencies because of this mark (which no longer exists!) on my record.
This is a disaster for me as you can imagine, I agree a lawyer is what I need at this point...it is impossible to negoitiate the system without someone who knows who to contact and what to do. The entire system is setup to prevent personal contact with anyone in these departments, they want to pass judgement entirely without interview.
In hindsight I should have just lied, they would never had any reason to look if I had been dishonest and would have never found it unless I guided them. I feel like an idiot for being an honest person to begin with.