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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. CdwJava

    CdwJava Moderator

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    Whether it can be expunged depends on the laws in the state where the crime was adjudicated. If the FBI has a criminal offender record on you, then a court order from the state where the offense was expunged ought to remove it.

    But, as I said, I'd be surprised if they have it.

    The FBI operates the Interstate Identification Index which only holds records of people arrested for federal offenses, from agencies not participating in the III, and those records that the member III state cannot provide due to technological issues.

    When a state - such as CA - runs a criminal history check, they can run it through a variety of databases, or just through the state criminal offender database. If they use III (which is common) then they would receive a hit from anyone holding a record of that individual identified. The holding agency would then have the option of requesting that record from the holding agency - be it a state or the feds. That response might be automated, or it might be in some other format.

    You really need to ask your attorney all these questions as your attorney presumably knows about YOUR circumstances and where these records are held. We can only guess here because state laws do vary.

    Your attorney also would hopefully know immigration law and what issues might prevent the issuance of a visa. If he does not know this, then maybe you should consider another attorney - or a second one that DOES know immigration law.

    Expunge or do whatever to the records in your state first. Then move to the next state or agency. It is not going to happen quickly, and depending on the state it might not be able to happen at all.

    - Carl
     
  2. ausamsam

    ausamsam New Member

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    well she sure does not know much about immigration. but by mafioso and some emails from a lawyer, I should be ok.

    Mississippi does have expungement. (if you read the post "international about expungement.) you can take a look and give me some advice if you don't mind.

    what is federal offense anyway? felony? well you dont have tell if you dont want to. i am just curious.
     
    Last edited: Dec 9, 2007
  3. CdwJava

    CdwJava Moderator

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    A federal offense is any offense that is prosecuted by the federal government for a violation of federal law.

    I think you are doing a lot of stressing for a very minor offense. We arrest illegal immigrants every day in CA for all manner of crimes and they rarely get deported, so I doubt you have too much to worry about here.

    Whether you have to declare this arrest in another country will depend on the laws in that country, and what the state of the conviction says you can say. If the case was in MS and MS law says you are free to say you were never convicted if asked, then you can say that. However, if the country you are going to asks about accusations, arrests, or anything else that might cover it, then you need to decide for yourself how to answer. Whether these countries will go through the effort to check is debatable .. but, they might.

    - Carl
     
  4. ausamsam

    ausamsam New Member

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    I really like to do everything legally. i do like to go home during holiday. not like those illegal people stay here like forever... if they were clean, they can just go back home and have a life there... i just don't understand.

    back to my country, we have something similar to expungement. i would just follow that. i pretty much need to disclose the record whenever i want to get a job related to the government like a public school teacher. but for a company, i would not say anything if they don't ask...

    I just hope to do everything legally in this country... teaching is my dream but it getting into a nightmare..
     
  5. mafioso

    mafioso New Member

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    Ausamsam, you should run your FBI BG check as I advised earlier. You might be pleasantly surprise...........As Carl seconded my opinion, your offense might be too small to even leave your county or local region. Many misdemeanors are reported to centralized law enforcement systems but some are not........You might have a break on that. I think it cost just 30$ to get the report. It takes about 2 months.
     
  6. doinkus

    doinkus Law Topic Starter New Member

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    Thank you very much - it looks like this information will be very useful.
     
  7. Scooterdog

    Scooterdog New Member

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    Unless they just changed the law, Mississippi does not have expungement. They have provisions for "purging" information.

    You would have to sue in Federal Court to get the expungement.

    Civil Remedies: Fed. Reg. 28, Part 20, and 1983 Civil Rights suit.

    You better get a new shyster on your case, he/she is going to screw this up. I have never met a lawyer that has delt with expungement, even prosecutors. The chances of you finding one to do this correct are slim to none. And in the end, they get paid, win or lose, they get PAID.
     
  8. ausamsam

    ausamsam New Member

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    what is the different between purging and expungement

    now i am wondering where you learned your law knowledge and where you are from. because we just talked about mississippi expungement in last couple post. and there is a law about expungemement in mississippi. and you told me that earlier too. are you playing me?
     
    Last edited: Dec 10, 2007
  9. Scooterdog

    Scooterdog New Member

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    Slid that one in on me. I thought we were talking a felony. Why would you waste your time trying to expunge a mis?

    As far as my law knowledge, I have never lost a case. Have you even been in court? I don't keep all fifty states laws on hand, and missed that one. (I may have even looked at the wrong state).
     
    Last edited: Dec 10, 2007
  10. ausamsam

    ausamsam New Member

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    why would I want to expunge it? because I want to clean my record and find a job? i was in court for 5 minutes because of the misd
    are you a lawyer? can I see your website?
     
  11. mafioso

    mafioso New Member

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    Doinkus;Anytime........... let us know if you have more questions. I am happy Carl has who is in law enforcement has clarified some stuff on this debate on record keeping.....Get your FBI report and DPS BG check and see.......Or try some of the sites out there.......
     
    Last edited: Dec 10, 2007
  12. mafioso

    mafioso New Member

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    Anytime let us know if you have more questions. I am happy Carl has who is in law enforcement has clarified some stuff on this debate on record keeping.....Get your FBI report and DPS BG check and see.......Or try some of the sites out there.......
     
  13. h1baspirant

    h1baspirant New Member

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    mafioso
    what is a name check? why have been some people stuck for months and years?
     
  14. mafioso

    mafioso New Member

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    It depends on how it is used.........are you referring to when immigration, US embassies or BG checks are done?
     
  15. nicks123

    nicks123 New Member

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    YES YOU CAN TRAVEL, however you will have to apply for "Approval of Rehabilitation" or a "temporary resident permit". Canada accepts CALIFORNIA expungement. After approval they will issue you a letter and update their records. You will have to keep that letter with you while you travel and make sure to guard it with your life. This information is based on my personald experience of a family member. HOPE THIS HELPS.
     

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