What is the name of your state? NY.I have a violation (non-criminal, below a misdemeanor)) conviction on my record from 10 years ago in NY. In NY this type of conviction is sealed under NY CPL 160.55 which seals NY DCJS fingerprints, police records, DA records as well as includes expungement of the FBI record of arrest.
Recently I have been looking at the pardons canada site and notice that Canada is very strict about admitting, even for a brief visit, those with very minor records. Even a minor record can make one "criminally inadmissable" to Canada. According to their criteria a conviction or more than 2 "summary offenses" can make one inadmissable to Canada. It appears a "summary offense" according to Canada would be a minor misedmeanor or violation.
I only have this one conviction on my record, not 2. But that's beside the point.
I have made inquires with the pardons canada site a few times. The first inquiry I made was before 9/11/2001. I provided all details about the case and told them about the NY record sealed and FBI record being expunged. At that time their response to me was "it is in our opinion that you do not need a certificate of rehabilitation to enter Canada, but you may wish to apply for one to avoid any hassles at the border".
The second inquiry I made with them was after 9/11/2001. I provided the same details as before. Their response to me then was that I would need a certificate of rehab and that it didn't matter if my record was sealed or not.
I would imagine that the records they check at the Canadian border would come from the FBI, and that any records that were expunged would not show up at the border. If my record was expunged at the FBI then why would my record still show up? Recently i called the FBI ID unit in W. Va. and inquired about same and they said if an arrest record was expunged then it wouldn't be in their files at all.
is it possible that since my NY record is sealed (sealed to all but law enforcement) that Canada can still get it? Also since I was still technically convicted of the violation can Canada obtain the record from the Office of Court Adminitration in NY?
Recently I have been looking at the pardons canada site and notice that Canada is very strict about admitting, even for a brief visit, those with very minor records. Even a minor record can make one "criminally inadmissable" to Canada. According to their criteria a conviction or more than 2 "summary offenses" can make one inadmissable to Canada. It appears a "summary offense" according to Canada would be a minor misedmeanor or violation.
I only have this one conviction on my record, not 2. But that's beside the point.
I have made inquires with the pardons canada site a few times. The first inquiry I made was before 9/11/2001. I provided all details about the case and told them about the NY record sealed and FBI record being expunged. At that time their response to me was "it is in our opinion that you do not need a certificate of rehabilitation to enter Canada, but you may wish to apply for one to avoid any hassles at the border".
The second inquiry I made with them was after 9/11/2001. I provided the same details as before. Their response to me then was that I would need a certificate of rehab and that it didn't matter if my record was sealed or not.
I would imagine that the records they check at the Canadian border would come from the FBI, and that any records that were expunged would not show up at the border. If my record was expunged at the FBI then why would my record still show up? Recently i called the FBI ID unit in W. Va. and inquired about same and they said if an arrest record was expunged then it wouldn't be in their files at all.
is it possible that since my NY record is sealed (sealed to all but law enforcement) that Canada can still get it? Also since I was still technically convicted of the violation can Canada obtain the record from the Office of Court Adminitration in NY?