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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7451
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I am a Canadian (born here 1964) I have a 5 year waver to

Customer Question

good morning
I am a Canadian (born here 1964)
I have a 5 year waver to enter the US (I have about one year left)
I also got a pardon here in Canada 3 years ago so I was wondering can I get a pardon or my record sealed in the USA so I can stop being treated like a bad criminal every time I cross from Canada to the USA.
my charges are from 30 years ago and for 2 miner things driving and hanging out with two friends and broke in a community centre so I took off and left them there but i just pled guilty ... Thank you ***** cell(###) ###-####
Submitted: 3 months ago.
Category: Legal
Expert:  legalgems replied 3 months ago.

That is frustrating; the borders can be strict even for convictions from years ago. So to be clear you are looking to see if you can get a pardon for the US offense? Which state did the conviction occur in?

Customer: replied 3 months ago.
The conviction was here in Canada, but the US has had access to Canadian records and once they pulled my name at random at the boarder they now grill me all the time in front of my wife and kids, So I got a waver from the USA federal government.
and they still grill me about my record ! , So Im thinking that I can apply for a pardon in the US and seal my record since I have not been in trouble since. thank you
Expert:  legalgems replied 3 months ago.

Thank you;

so basically there are 2 relevant data bases-the FBI's National Crime Info Center and the Canadian's Canadian Police Info Center. If any convictions appear on there, regardless of when, then it may create problems at the border. I say "may" because ultimately it comes down to the individual officer. There is no US pardon process for Canadian convictions; however, one can apply in advance for permission and that is good for 5 years. It is form I-192:

https://www.uscis.gov/sites/default/files/files/form/i-192.pdf

and is the Application for Advanced Permission to Enter. It requires also this form:
https://www.uscis.gov/sites/default/files/files/form/g-325.pdf

and it is recommended to have 3 character witnesses.

One needs a copy of their police record or a statement that there is no record: that can be obtained here:

http://www.rcmp-grc.gc.ca/

form here:

https://reliabilityscreening.ca/downloads/RCMP_GRC_C-216C_Form.pdf

The applicant will also need evidence of citizenship, a statement regarding the purpose of intended activities, a copy of the official court record from the actual court, a statement by the applicant explaining the circumstances of each arrest, conviction, and sentence, or any evidence or explanation of reform or rehabilitation.

The process takes 4-12 months, but it is valid for 5 years.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 3 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!