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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 111683
Experience:  Immigration Law Expert
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I was charged 3-4 years ago with theft under 5000. I was

Customer Question

I was charged 3-4 years ago with theft under 5000. I was never charged and went through diversion where all 'charges' were withdrawn. All fingerprints and photographs have been purged from the RCMP database (as per speaking with the arresting police agency, sending them a written request, and later them confirming that this was done). They have also mentioned that my RCMP database check has come back with "no record found". I have completed several Criminal Background Checks since then (with VS) which have all came back negative for anything. I am wondering if crossing the boarder that they will be able to see these withdrawn charges? As well I am thinking about working in the USA; would this cause any issues? Since my CPIC is clean, my RCMP comes back negative, my fingerprints and photos have been purged I would assume that I have no record. Am I correct in assuming so?
Thanks
Submitted: 5 months ago.
Category: Immigration Law
Expert:  retireddebra replied 5 months ago.

There are questions about the law in Canada and the law in the US on this post.

I can only answer about the law in Canada. I can either go ahead or else ask the site to move the question to the US law list.

Let me know what you prefer.

Customer: replied 5 months ago.
If I move it to US law list will they be better able to answer whether or not I will have issues at boarder/immigration? Will they be able to answer if I will be able to move and work there? Or will someone here be able to do that for me since the charge was made in Canada?
Expert:  retireddebra replied 5 months ago.

You need a lawyer in the US to answer.

I will ask the site to move this for you.

Expert:  Phillips Esq. replied 5 months ago.

Hello: A different Professional here. I am an Attorney in the U.S.A.

Your Questions:

I am wondering if crossing the boarder that they will be able to see these withdrawn charges?

Response 1: It is doubtful since RCMP does not have the records in their system.

As well I am thinking about working in the USA; would this cause any issues?

Response 2: No, it will not since you were never charged/all charges were withdrawn.

Since my CPIC is clean, my RCMP comes back negative, my fingerprints and photos have been purged I would assume that I have no record. Am I correct in assuming so?

Response 3: Yes, that is correct.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 5 months ago.
Is there anything additionally I should do to ensure that my CPIC is clean other then running one and if coming back clean, which I have to regularly do anyways or having the RCMP tell me there is nothing in their system.
I would hate to have applied to this job and then not get it due to this infraction.
Diversion means no record and since the officer I've been in contact has confirmed that all is purged this means I am okay to travel and work on all accounts ?
Expert:  Phillips Esq. replied 5 months ago.

There is nothing else that I can think of apart from what you have done and have been doing: checking your records with relevant agencies.

Customer: replied 5 months ago.
Like I said I've been in contact with an RCMP officer and he has stated that this is the case; records were purged along with photo and prints. Im worried that even though I have no charge that there will still be a finger print number assigned to me that will come back positive. Even though the records come back clean I'm worried that on a more intense look that something will come up. Is this possible ?
Expert:  Phillips Esq. replied 5 months ago.

Anything is possible, but it is highly unlikely based on the information that you have provided here.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Customer: replied 5 months ago.
Highly unlikely does not help though ! Based on the information give:
- RCMP have confirmed that I have no record
-Arresting police agency have confirmed that my information has been purged (does this mean that the photo, prints etc have all be destroyed)
- I have applied, and gotten confirmation that, all my information has been purged
- CPIC, including vulnerable sector screening, have all come back clean with no record
- Diversion program completed therefore no conviction
Expert:  Phillips Esq. replied 5 months ago.

I am sorry, but I cannot give you the guarantee that you are seeking. It would be unethical for me to do so.

I stand by my previous responses to you.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, as your previous contributor left.
I actually just had someone with your same situation and all I can tell you is nothing showed up on his record when everything was checked. USCIS came up with nothing on him when he was checked. So all I can say is from experience, it does not show up.

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