New York. I have a conviction for a violation in NY that happened 10 years ago in June 1996. I was charged with a class B misdemeanor but pled guilty to a violation(non-crime). I paid a $50 fine and was given a conditional discharge. In July 1997 the record was sealed by the court. This means that the fingerprints were destroyed so that a govt employer/licensing agency would not be able to see my record(except law enforcement in the event of an application for pistol permit). Also NY state sent an expungement order to the FBI instructing them to expunge their files of the arrest. I have a letter from NY DCJS telling me that the fingerprints were destroyed in November of 1997 and a letter from the NYPD saying that the prints and shots were destroyed in 11/97 (it sounds right because they say it can take a bit longer than 12 months). The DCJS letter also said that they sent notification to the FBI to expunge their files of the arrest.
Over the past few years i have been thinking about visiting Canada. I had inquired with the Pardons Canada website about any chance of criminal inadmissibility to Canada. My first inquiry was before 9/11/2001. They said then that it's their opinion that I would NOT need a rehab certificate to enter Canada, but that it might be a good idea to get one anyway to avoid the possibility of being hassled at the border.
The second inquiry I made was after 9/11/2001. They then said that I WOULD need a rehab certificate to enter Canada and that it didn't matter if my record was sealed.
I notice that Pardons Canada would classify my offense as a "summary offense " or non-serious offense. According to their rules, any conviction of more than 2 summary offenses makes you criminally inadmissable to Canada. I only have this 1 offense.
So they seem to be saying that Canadian Border officials can see records that were sealed. My question is where does this information come from? Is it from the FBI, NY state DCJS, or the NY State office of Court Administration (which is where someone could go to find out my record of conviction since i was convicted but the DCJS fingerprints were supposed to be sealed)?
Recently i called the FBI at their identification unit in W. Va. and they told me that if a state sends them an expungement order, they honor it and nothing should be left of the record.
Does anyone know how this works?
Over the past few years i have been thinking about visiting Canada. I had inquired with the Pardons Canada website about any chance of criminal inadmissibility to Canada. My first inquiry was before 9/11/2001. They said then that it's their opinion that I would NOT need a rehab certificate to enter Canada, but that it might be a good idea to get one anyway to avoid the possibility of being hassled at the border.
The second inquiry I made was after 9/11/2001. They then said that I WOULD need a rehab certificate to enter Canada and that it didn't matter if my record was sealed.
I notice that Pardons Canada would classify my offense as a "summary offense " or non-serious offense. According to their rules, any conviction of more than 2 summary offenses makes you criminally inadmissable to Canada. I only have this 1 offense.
So they seem to be saying that Canadian Border officials can see records that were sealed. My question is where does this information come from? Is it from the FBI, NY state DCJS, or the NY State office of Court Administration (which is where someone could go to find out my record of conviction since i was convicted but the DCJS fingerprints were supposed to be sealed)?
Recently i called the FBI at their identification unit in W. Va. and they told me that if a state sends them an expungement order, they honor it and nothing should be left of the record.
Does anyone know how this works?