EDL and felony

Discussion in 'Questions From New Drivers' started by OlChev, Sep 1, 2015.

  1. OlChev

    OlChev Light Load Member

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    I thought they had access to such federal files.
     
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  3. lfod14

    lfod14 Road Train Member

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    They have access to your criminal history via the federal government, but I highly doubt the US govt is going to allow a foreign country to see charges that domestic law enforcement and even the court system within our borders can no longer see. That just doesn't make sense.
     
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  4. Cranky Yankee

    Cranky Yankee Cranky old ######

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    i don't believe anything is really sealed
    i had charges that were dropped after a year
    20 years later judge is asking about them 1000 miles away
    both county courts
     
  5. OlChev

    OlChev Light Load Member

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    I was looking it up.. sealing a record just makes it so you can't see exactly what it is. But you can see there is sonthing there. Having it expunged deletes it entirely. Makes sence to me that federaly sealed files wouldn't be available to Canadian border services. I'm hoping that's the case.
     
  6. lfod14

    lfod14 Road Train Member

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    Correct. Many people misunderstand the disposition of charges

    Dismissed / Dropped / Not Guilty - Charge still visible, but shows you weren't held accountable. Not SUPPOSED to be used against you legally.

    Sealed - As you said, SOMETHING there, but nobody including law enforcement OR courts can tell what it was. For somebody to see it they would need to go in front of a judge to prove cause to unseal your file for anybody to see what is in there. Not easy to do, even for law enforcement or lawyers.

    Expunged - Never happened, no trace of it anywhere, nothing to unseal or bring back.

    I've got a ton of charges from when I was 19 that are now eligible for expungement by MA law (over 10yrs old, not violent) but they've never been held against me so it would be a waste of my time to do it. Got HAZMAT, got TWIC, Have concealed carry permit etc.
     
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  7. OlChev

    OlChev Light Load Member

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    This is good to hear. I've never bothered getting my concealed becouse Ive just naturally assumed I couldn't get it.
     
  8. Cranky Yankee

    Cranky Yankee Cranky old ######

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    Green Bay Wi
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    everyone seems to get different answers to these things
    2 drug charges and 2 duis 1982 and 1986
    1995 paid 15000 to have them expunged
    1999 Salisbury MD County Judge says Mr Morse seems every decade you forget the lessons of the last decade
    the plea bargain for time served 3 days and probation was rejected
    and i served 21 days on a 30 day sentence
    but believe what you want
    now i will tell you I can't find any of this on myself on the internet
    the office can't find any of it
    but i am not naive (any longer) to think it isn't there and the goverment will use it
    I had 3 boats built in Nova Scotia in the 90's
    went back and forth 5-10 times per year
    that all ended in 2004
    I feel so much safer from terrorism
    don't you
     
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  9. Ridgeline

    Ridgeline Road Train Member

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    Wrong.

    No one can see sealed records unless there is a court order, this include all reciprocating agencies like Canadian customs and Interpol. The sealed record means just that, SEALED, but an investigation by a third party can reveal the record through other means. Canada background checks won't be third party investigations. The states control the records, the Feds have their records and everyone has inoperatbility between all of them to see criminal records except those which have been sealed.

    Expunged records only effect the record going forward, there are still records that can point to the court cases and the contents of that case like outcomes. Even the expunge hearings are recorded. Personally I think that's a joke to get something off a record that still can be seen.

    Canada views DUI/dwi as a felony, no matter if you are driving a commercial vehicle or not. You have to go through rehabilitation - read PAY MONEY - in order for you to qualify to enter Canada.

    But if you were not tried as an adult in a capital or serious felony charge, and because you were under 18, your record would not show up. The courts, in all 50 states have uniform policies and abide by agreements with all states to limit access to Juvenal records, which is why a court order is needed to open them up.
     
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  10. OlChev

    OlChev Light Load Member

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    All states doesn't apply to washington. It's one of those states. It's more profitable to keep records available
     

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