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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101422
Experience:  Lawyer
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I recieved a conditional discharge may 13 2016, my lawyer at

Customer Question

I recieved a conditional discharge may 13 2016 , my lawyer at the time stated I can ruefully say no to a conviction and there would be a shadow for till 2019 . which I took his advice but after renewing my security clearance I've been notified that I should of informed them and that I have a criminal record until 2019 , is this correct or was my lawyer correct
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: im in ottawa canada
JA: Has anything been filed or reported?
Customer: I've completed my probation and I'm still waiting on it to be purged in 2019 , the security clearance comes Bach I believe with a record , this was my first and last offence ,I know when it was filed it was a conditional sentence
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm just worried about keeping mt secret clearance as I was told I wouldn't have a criminal record
Submitted: 1 month ago.
Category: Canada Law
Expert:  NishaJonesLaw replied 1 month ago.

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

Expert:  NishaJonesLaw replied 1 month ago.

Did the criminal case take place in the US or in Canada?

Customer: replied 1 month ago.
Canada
Expert:  NishaJonesLaw replied 1 month ago.

Okay, I am a US law attorney. I'm going to opt out of this question and ask the moderators to send it to the Canada law forum so that the appropriate attorney can help you. There's no need to reply as that may just delay the transfer of your question. Good luck!

Expert:  Debra replied 1 month ago.

I am sorry to hear this.

What are you renewing your security clearance for?

Customer: replied 1 month ago.
public works
Customer: replied 1 month ago.
also I would like to know if my lawyer was correct re do I have a shadow or is it a record
Expert:  Debra replied 1 month ago.

What this means is that while a finding of guilt has been made there is no actual conviction.

This was a conditional discharge and so this does stay on your record until 3 years has passed since your probation order has been completed.

After that it comes off your record and there is no need to apply for a record suspension (what used to be called a pardon).

So yes you have a record now but once this comes off your record you don't have one any more. It's not a shadow but it's not the same a having a permanent criminal record at all.

Does that clarify the law?

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.

Expert:  Debra replied 1 month ago.

Is there anything more I can help you with at this point in time?