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Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2019
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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I am applying permanent resident usa, filling out the

Customer Question

i am applying for a permanent resident for the usa, filling out the paperwork i answered yes to being arrested, now they want my record and wont advance until i get it...the charges were 32 years ago record has been deleted by rcmp how can i advance further without this document?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Copperlaw replied 2 years ago.

Good evening, I would be happy to assist you with this.

The fact that you have disclosed your arrest is good as it demonstrates your honesty. Now they are requiring your criminal record check. I would assume that you have already provided this to them in the course of your application, however if you have not, then you can apply for same from your local police service.

Any police or court records held locally regarding this arrest would have been purged long ago. Because the US does not recognize Canadian Pardons, they are probably looking to see whether this has been cleared as a result of the granting of a Pardon.

Your official record, as provided by the police will show them what convictions or criminal involvement you have had if any. If you were not convicted, then this will not be on your record and will corroborate the fact that you were arrested and not convicted of anything. You may also be able to obtain a confirming cover letter to accompany your record, from your local police, confirming that this is your record in its entirety and nothing else exists with regard to your arrest or any other involvement.

There are many people who have been arrested but not charged, or arrested but not convicted. All the US usually requires is your official record, or notice confirming that none exists. If there is no record, then a letter confirming same may be of use. I would suggest showing the police the request from the US to see if they will assist in clarifying.

Please let me know if you require anything further as I am happy to continue discussing this.


Expert:  Copperlaw replied 1 year ago.

Hi, I see that you were back in and viewed my response, however I do not see a reply from you. Please let me know whether you are satisfied with the information that I've provided or if you require further information as I am happy to chat further.

Also, please take a moment to leave me a positive rating as this assists me in building my reputation here on the site.