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Legal Ease
Legal Ease, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 97922
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am a Canadian that just went into my interview for my card

Customer Question

Hello?
JA: Hello. What do you want help with?
Customer: I am a Canadian that just went into my interview for my green card because I am married to a US citizen and I had a Pardon in Canada. My record does not show anything but they are asking for details of the arrest which I am not sure how to get them since Canada does not give out that information once it has been pardoned. This was for theft in 2000 Is there a way to get that information?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: Yes and I said I was arrested before. What happens to my criminal record file after I have been granted a pardon/record suspension?
Once a pardon/record suspension is granted, the records of a pardoned/suspended offence(s) in the custody of federal agencies (RCMP) are kept separate and apart. Information pertaining to such records will not be disclosed without the specific approval of the Minister of Public Safety. When notified of the award of a pardon/record suspension under the CRA, almost all provincial and municipal agencies will restrict disclosure of your criminal record (unless there is a prohibition order or you are listed on the sex registry).
Once I have my pardon/record suspension, if I am asked, “Have you ever been convicted of a criminal offence”, what should I say?
An employer is not allowed to ask if a person has a criminal record that has been pardoned/suspended. They may only ask, “Do you have a criminal record for which a pardon/record suspension has not been granted?” The answer to that question is NO. The government of Canada has forgiven you of your past charges. They no longer want the conviction to reflect adversely on your character, and wish to remove any disqualification to which you are subjected. It is treated as though it never happened. If an RCMP search is done your FPS# ***** not show up.Who may apply for a pardon/record suspension?
A person may apply for a pardon/record suspension 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.
For more information, please visit the following links:
The Importance of Pardons In Canada That is what Canada says about trying to get the information.
JA: Have you talked to a lawyer yet?
Customer: Not about this certain thing
JA: Anything else you want the lawyer to know before I connect you?
Customer: No Ok
Submitted: 2 months ago.
Category: Canada Criminal Law
Expert:  Legal Ease replied 2 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 2 months ago.

Are you asking about how to obtain documentation to back up what you said happened?

Customer: replied 2 months ago.
But how can you find it for Canadians
Expert:  Legal Ease replied 2 months ago.

You can still get all the information on yourself that you need.

You can speak to the police station where the arresting officer is.

You can also get all the information in your court file. It is not sealed and in fact is a matter of public record.

While employers cannot ask about your criminal record once you've been pardoned because of our Human Rights legislation that does not protect you from being treated differently in the US.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 2 months ago.
I can call the Police department?This is what it says on a Canadian Pardon site that a Minister can only release the information...Information pertaining to such records will not be disclosed without the specific approval of the Minister of Public Safety. When notified of the award of a pardon/record suspension under the CRA, almost all provincial and municipal agencies will restrict disclosure of your criminal record (unless there is a prohibition order or you are listed on the sex registry).
Expert:  Legal Ease replied 2 months ago.

That is about disclosing to others and not to you.

You can ask for the police record about the arrest.

And you can get the information about the conviction from the court file.

Customer: replied 2 months ago.
I called the station and so far they can't help. They suggested trying to calm the court house and try getting a court record.
Expert:  Legal Ease replied 2 months ago.

Then that is what you should do.

The court record is absolutely going to be there. It does not get sealed.

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