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Expunged DUI and DWAI visible to Canadian Customs? Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by doinkus, Dec 4, 2007.

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  1. doinkus

    doinkus Law Topic Starter New Member

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    My State is California (and a related Colorado question). I have been convicted for two alcohol related offenses in California: a DUI (11 years ago) and wet reckless (2 years ago). I have recently had both expunged, and now I would like to travel to Canada. When Canadian customs checks my record, will they see anything related to these offenses, and do I have to admit to them that I was arrested, or can I just answer "no" without getting in trouble for lying? Also, I was arrested for DUI in Colorado 6 years ago and pled guilty to the lesser charge of DWAI, which is an infraction with a BAC of .05% or greater. At this point, I would like to travel to Canada. Will they see this on my record, and would they consider this to be the same as a DUI? Is is possible that these offenses, even though some have been expunged, will keep me out of Canada? Thanks!
     
  2. Scooterdog

    Scooterdog New Member

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    The DWAI might keep you out. See if you can find a Canadian law site, and ask.

    As for the other that were Expunged, you should be able to answer no. You could go to whoever sells guns in Cal, and pay them to do a criminal background check. If those Dui's show up, then you will have to bring this to the courts attention.

    I would find some law firm in Canada, email them with your questions, I'm sure they would be more than happy to help you.
     
  3. mafioso

    mafioso New Member

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    US expunction is view in most countries as applying just to US law only. Many countries require you disclose expunctions since it was expunged only under US law. Canada is just next door and keeps an extensive private data base of US DUI amongst others. They probably don’t expunge it. A lot of people have been in your situation have been turned back. However there is a waiver process or temporal resident permit which you can qualify for in other to remove the inadmissibility. Inadmissibility here refers to anyone convicted of any crime from misdemeanor to felony. For the inadmissibility you need to wait five years from the termination of the custodial potion of your sentence if any. The temporal resident permit would allow you to visit Canada for a single purpose or limited time.You may apply for a Temporary Resident Permit, Approval of Rehabilitation, or Permission to Return to Canada either in Canada or at one these Canadian visa offices in the United States. It takes a while and the time varies. Expect an average of a year if processing times have not changed. You could also be view as having a DUI even if it was reduced in a plea. The original charge plays a huge role in immigration law.
     
  4. mafioso

    mafioso New Member

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    These are some locations of canadian consulates in the US. You can google their websites to contact them for more info:
    • The Canadian Consulate General in BUFFALO, NY
    • The Canadian Consulate General in NEW YORK, NY
    • The Canadian Consulate General in DETROIT, MI
    • The Canadian Consulate General in LOS ANGELES, CA
    • The Canadian Consulate General in SEATTLE, WA
    Contact them or their website for more info. Some visa forms in some countries require you to reveal even expunged info from your country. Be honest with them…………international law is quite different. You can contact them anonymously to find out if you have to reveal expunged info. From what I know, you have to admit to the DUI.
     
  5. mafioso

    mafioso New Member

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    Oh, know there are many local US immigration lawyer which can help you with the petitions should you need one. You don't need a lawyer in Canada to do it. You can use a local one.
     
  6. ausamsam

    ausamsam New Member

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    it is different than what you told me...:eek:

    do you know where to find some international law lawyer? I can find no one on the internet :(
     
  7. mafioso

    mafioso New Member

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    It is the same...........The difference is Canada is next door and we know more about how they view their cases. There are many cases with DUI and Canada which have shown what I posted above based on experience. But with other countries, I can't tell. But I have some level of knowledge on Canadian functioning......You don't necessarily need an only an intentional lawyer. Your best bet is a lawyer in the countries you intend to live. Different countries have different laws with regard to disclosing this information. A lawyer in your home country would provide you the most accurate information.
     
  8. doinkus

    doinkus Law Topic Starter New Member

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    Thanks for the help. I think I'll contact the Canadian consulate and take it from there.
     
  9. CdwJava

    CdwJava Moderator

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    Note that Canada has direct access to the United States' National Crime Information Center and might be able to find out about some of those convictions if they have not been removed from state or federal databases. If they have been removed, then Canada will not likely know about them unless their process includes checking every local agency and court in your state (and THAT is not going to happen).

    I do not know if Canadian immigration officials regularly check NCIC, but I would be very surprised if they did NOT do so.

    - Carl
     
  10. mafioso

    mafioso New Member

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    Let us know how it goes..........
     
  11. ausamsam

    ausamsam New Member

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    yeah please let us know how that would go. I would like to travel in canada sometimes in my life
     
  12. doinkus

    doinkus Law Topic Starter New Member

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    Is there a way for me to check the NCIC to see if these offenses are showing there? I am hoping that they do not show, since they have been expunged...
     
  13. CdwJava

    CdwJava Moderator

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    No. NCIC is no taccessable to the general public. Plus, NCIC does not really hold these criminal history records anyway - they allow access to state systems where these records ARE maintained.

    You can check state and FBI records as provided by your state and the FBI. I can provide links to that information if you wish.

    - Carl
     
  14. ausamsam

    ausamsam New Member

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    i want to know how to get state n FBI for personal use please
     
  15. CdwJava

    CdwJava Moderator

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  16. h1baspirant

    h1baspirant New Member

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    CdwJava
    If the FBI CJIS has one's record does it essentially mean that it will be in the NCIC too?
     
  17. CdwJava

    CdwJava Moderator

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    Well, it is very doubtful that the FBI criminal history will include a DUI arrest.

    But, if the FBI holds the record, and someone searches their records through NCIC, they will find it.

    Understand that NCIC does not store criminal offender records. NCIC is the system that is used for others to SEARCH for criminal offender records from the states and the federal government. These histories are not stored with the NCIC.

    - Carl
     
  18. ausamsam

    ausamsam New Member

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    so what kind of record does FBI hold? how about a misdemeanor about alcohol?
     
  19. CdwJava

    CdwJava Moderator

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    The FBI will hold criminal records for federal offenders, and for serious offenses submitted to them, but they generally do not hold local misdemeanors. In fact, FBI criminal offender records are rarely checked by law enforcement agencies. However, arrest warrants held by the FBI are.

    - Carl
     
  20. ausamsam

    ausamsam New Member

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    i dont know if you know about my stupid thing

    my lawyer said she can get it expunged from local and FBI... is that possible? if there was nothing in FBI, what is she expunging??????????? would that make things worse? (for visa purpose)
     

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