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Immigrant2B

Guest
Good day,

At the age of 18+ I was arrested for shoplifting back in the US (class B misdemeanor since it was a little over $50). No conviction resulted. The case got dismissed/expunged by a US law firm. We then applied to Canada (husband was the main applicant) as a federal skilled worker. I said the truth on the application and provided evidence of the expunction. Our application got approved by the visa office and we were granted visa and PR confirmation 10 months later (last month).

I am seeking help in getting clarification regarding the rights expungement grants you (record denial in work/school applications to be able to move on with life) VS fact misrepresentation in Canada. In the US, unless under oath in court, I can legally deny a record of ever happening in job/school applications once the expungement went through. What is the law like in Canada?

I will say the truth at the Canadian Border as we enter - just like I did in the application. My concern is once am in, can I tick "no" to those questions on different job application forms? Isn't that a right expunction already grants me? Who do employers or landlords do criminal checks with i my case as new-to-Canada? My FBI and state records (in the US) are clear...but I re-spilled it all in the immigration application and will do again to the border if asked.

1- Can I deny the arrest record of ever happening in job application forms?
2- When/if finger printed at the POE or police station, is this information going to go in the Canadian system as though it was never expunged in the US system - just because I spilled it all?
3- If yes, is suspending it (again) from the Canadian system an option?
4- If yes, can I then lawfully say “NO” I various application forms once in?

Pardons Canada (pardons.org) specializes in sealing records and claims one can legally tick "no" to those 'have you ever been" questions. I need to know if this is legal? They obviously operate on legal grounds, but I'm hearing a lot about fact misrepresentation and they both seem to conflict; one is legal (in case of expungement/pardons) and the other one isn't.

Help please..I was looking forward to a new beginning and put that stupid mistake I did 10 years ago behind once and for all. But it seems like am being haunted forever. My chances of getting an education or working are minimal if not none.

PS. I am not a US citizen

Thank you.
 
I'm not a law expert but I just want to share my thoughts. I don't see any problem about your case since you said there was no conviction made and it was even 10 years ago. If you're asked "have you ever been convicted?", then I think the answer is "no". Or why not just ask a lawyer to get an exact answer. Anyway, my point is I agree with you moving forward and forgetting that mistake you did in past. With true repentance, you should not be haunted forever. (Jesus took everything in the cross and in the grave). GBU.
 
Thank you for your response, Candid Girl.

My main concern is really the arrest/charge questions that are in every single job application form. There was an arrest record (briefly detained before getting bailed out) and a charge record (Class B Misdemeanor) which were both destroyed from all US records when the expungement went through.

I am a wife and a mom now - no longer a clumsy teenager.
 
Speak with a lawyer. Unfortunately sometimes there is no substitute for paid advice. I think this is one of those times.
 
scylla said:
Speak with a lawyer. Unfortunately sometimes there is no substitute for paid advice. I think this is one of those times.
Agreed. If you need legal advice, you need to speak with a lawyer.
 
Thank you all for your replies.

I have already consulted our immigration lawyer and he told me that would be misrepresentation of facts, although in Pardons Canada it wouldn't be so. This is where I got a little confused. So I will probably speak with an Expunction lawyer as he's well-versed around the ins and outs of laws concerning expungement.

They say Childhood is what you spend the rest of your life trying to overcome...I say my arrest record is what I spend the rest of my life trying to put behind *very sad face*

Thanks again..wish me luck (and for my kids to not ever find out about this :S)