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Okay, I here a lot about getting your record expunged. I was an Arkansas resident that got a DUI in California. Would I have to get the DUI expunged in California or can a lawyer from the state I am in now....Oklahoma do this?
The qualifications for to have your record expunged varies from state to state. You would have to get California to do it for you. I bet any lawyer in Oklahoma could do the leg work for you (at a price)...though you can do it for yourself. I don't know if driving convictions can be exzpunged.
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I am just curious, but how does the Canadians go about finding out your history. Do they run background checks at the border? Is it a criminal check or just a DMV check?
They have access to the vast U.S. Database that U.S. Cops use (don't remember what it is called).
They CAN run background checks at the border, or CAN run background checks for any traffic stop or Scale House check.
Criminal Background check AND DMV check....
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In Canada, you can be granted a pardon after a certain length of time has passed on any misdemeanour charges. It's pretty standard and easy to do. Felony charges cannot be removed, I don't believe.
You can do this yourself...you don't have to have an attorney do it for you. It is just a bunch of paperwork that usually has to be sent to the Clerk of the Court, that's all. You can do it....what state are you in?
I live in Missouri and after all this talk about getting it expunged its something Im gonna check into. Im not on probation I only had to pay a $450 fine (on top of bail money,lol) but never got put on probation.
Im gonna call the court house and see what I can find out on this.
The actual possession was 2 stems, 4 seeds and some ash. Go figure
Thanks for the advice. I'll let ya know what I found out.
In Canada, you can be granted a pardon after a certain length of time has passed on any misdemeanour charges. It's pretty standard and easy to do. Felony charges cannot be removed, I don't believe.
Granted a pardon? Does Canada have authority to pardon offenses that occured in America? or just for letting you in to deliver or pick up.
I believe this only applies to charges levied against you in Canada but I have never checked it out.
Far as I know, if you have a criminal record that meets "X" criteria, you are not getting into Canada period. Same with Canadians going into the USA. I don't know if there are exceptions or not.
Here are the rules of a pardon:
Quote:
FACTS: Pardons 10/2000
What is a pardon?
A pardon allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records. Under the Criminal Records Act (CRA), the National Parole Board (NPB) may issue, grant, deny, or revoke pardons for convictions under federal acts or regulations of Canada.
What are the advantages of a pardon?
All information pertaining to convictions will be taken out of the Canadian Police Information Centre (CPIC) and may not be disclosed without permission from the Minister of Public Safety and Emergency Preparedness. The CRA applies only to records kept within federal departments and agencies. However, many of the provincial and municipal law enforcement agencies cooperate by restricting access to their records once notified that a pardon has been granted.
The Canadian Human Rights Act forbids discrimination based on a pardoned conviction. This includes services a person needs or the opportunity to work for a federal agency. The CRA states that no employment application form within the federal public service may ask any question that would require an applicant to disclose a pardoned conviction. This also applies to a Crown corporation, the Canadian Forces, or any business within the federal authority.
What are the limitations of a pardon?
A pardon does not erase the fact that a person was convicted of an offence.
A pardon does not guarantee entry or visa privileges to another country.
Courts and police services (other than the Royal Canadian Mounted Police (RCMP)) are under provincial and municipal legislation. This means that they do not have to keep records of convictions separate and apart from other criminal records.
The CRA lists certain sexual offences. If a person was pardoned for such offences, his/her record will be kept separate and apart, but his/her name will be flagged in the CPIC computer system. This means a person may be asked to let employers see his/her record if this person wants to work with children or with groups that are vulnerable because of their age or disability.
A sentence may have included a driving or firearms prohibition order. A pardon will not cancel these prohibition orders.
Who may apply for a pardon?
A person may apply for a pardon if he/she was convicted of an offence under a federal act or regulation of Canada. A person may apply even if he/she is not a Canadian citizen or a resident of Canada. A person may also apply if he/she was convicted in another country and transferred to Canada under the Transfer of Offenders Act.
When can a person apply for a pardon?
Before a person is eligible to apply for a pardon, he/she must have 1) completed all sentences and 2) waited a certain period from the completion of all sentences.
1. When is a sentence completed?
When a person has paid all fines, surcharges, costs, restitutions and compensation orders in full;
When a person has served all of his/her time, including parole or statutory release; and
When a person has satisfied his/her probation order.
2. What is the waiting period?
a. Under the Criminal Code of Canada and other federal statutes:
Three years for summary convictions; and
Five years for indictable offences.
b. Under the Transfer of Offenders Act:
Five years for all convictions.
c. Under the National Defence Act:
Five years if the person was fined more than $2,000;
Five years if the person was imprisoned more than six months;
Five years if the person was dismissed from the service; and
Three years for all other penalties.
Does a person have to apply for a pardon if given an absolute or conditional discharge?
No. A person does not need to apply for a pardon if his/her criminal record consists only of absolute or conditional discharges. Absolute or conditional discharges handed down by the court on or after July 24, 1992 will automatically be removed from the CPIC computer system one year (absolute discharge) or three years (conditional discharge) after the court decision. For discharges given before July 24, 1992 to be removed from the record, a person must contact the RCMP at the following address:
Pardon & Purge Services
Information & Identification Services
Royal Canadian Mounted Police
P.O. Box 8885
Ottawa ON K1G 3M8
(613) 998-6158
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Can a pardon be denied?
Yes, for example, if the NPB finds that a person is not of good conduct. However, he/she may reapply after one year.
Can a pardon be revoked?
Yes. The NPB may revoke a pardon if:
The person is later convicted of a summary offence under a federal act or regulation of Canada;
The NPB finds that the person is no longer of good conduct; or
The NPB learns that a false or deceptive statement was made, or relevant information was concealed at the time of the application.
In the above-mentioned circumstances, the records of the pardoned offences will again be kept with the other conviction records.
Can a pardon granted or issued to a person cease to have effect?
Yes, if a person is subsequently convicted of:
an indictable offence under a federal act or regulation of Canada;
an offence punishable either on indictable or summary conviction; and
if the NPB is convinced by new information that the person was not eligible for a pardon at the time it was granted or issued.
In the above-mentioned circumstances, the records of the pardoned offences will again be kept with the other conviction records.
How does a person apply for a pardon?
A person must obtain a Pardon Application Guide from the NPB offices (listed below) or from the RCMP offices, provincial and municipal police offices and courts of justice. The Guide will outline how to obtain required documents such as the criminal record, local police records check and other pertinent information. An applicant does not need a lawyer or representative to apply for a pardon. For assistance, an applicant may call the Pardons Section toll-free number: 1-800-874-2652 or contact one of our offices.
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Wow, there are a TON of places offering to do this for you for outrageous fees!! It's $50 to do it yourself. Period. Unbelievable the scammers out there.
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[quote=myminpins;334540]I believe this only applies to charges levied against you in Canada but I have never checked it out.
Far as I know, if you have a criminal record that meets "X" criteria, you are not getting into Canada period. Same with Canadians going into the USA. I don't know if there are exceptions or not.
Here are the rules of a pardon:
Wow, there are a TON of places offering to do this for you for outrageous fees!! It's $50 to do it yourself. Period. Unbelievable the scammers out there.[/quot
Too bad them rules dont apply to the southern border.
The qualifications for to have your record expunged varies from state to state. You would have to get California to do it for you. I bet any lawyer in Oklahoma could do the leg work for you (at a price)...though you can do it for yourself. I don't know if driving convictions can be exzpunged.
Thanks NealinNevada. I downloaded the form and mailed it off. With the exception of missing a signature, they returned the form and asked me to sign and date and re-submit. So hopefully I will get something back soon saying it has been expunged. It's crazy how much they wanted to perform this simple task. What has essentially cost me about $1.50 in postage and a little effort in searching the codes via internet, the lawyers would have charged me around $2500.
DarthVader, I hate to say it but I beg to differ about that 31/2 year's. With not being able to get a loan to get into school my conviction from back when I was 17 for pot (a blunt roach to be exact) is still showing up on my conviction report even after 6 years and that's why company school's are turning me down, other wise I would have done been on the road last year. Being a minor at the time and not supposed to show up on your adult record it still is and I don't know why. I've alway's been a good person growing up so not like that one thing makes me a bad person but the industry treats you like dirt when it comes to that sort of thing. I know people with DWI felonies who are driving trucks. I am completely honest on all of my app.'s so I don't know what the deal is.
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I think the deal is more about your age than that one misdemeanor. My ex had a number of offenses, including drugs, and he had no problem finding companies to hire him. But your age is a deterrent. Most insurance carriers require you to be 23 years old.
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01.23.2008
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