Arrest Record Cause For Denial?

Good Day,

I am transferring as an L-1B transferee to our US head office at the end of January. I am a Canadian citizen (born and raised) and was arrested in October of 1999 and charged with Aggravated assault. The court entered into a Stay Of Proceedings in the matter in February of 2001 (because it was bogus). Does anyone know if this will be a detriment to my application when I cross the border into the US sometime in February. I have been to the USA a number of times in the past year, with no issues at any of the airports I have flown into the US from, but I was also not using a passport at the time, but only a drivers license and birth certificate. Any information would definitely helpful.

Thanks!

Its possible it might be a problem, but I don't think any of us here are lawyers, so I can't say for sure.

I'd call your local US consulate and explain the issue. It'll probably show up on your record when you cross the border, so you better know exactly what the law says about it in case you get turned away.

Good luck!

Thanks for the reply. I did phone one of the POE and the customs guard there said exactly this to me, while almost laughing:

"So, you mean you weren't convicted of anything?"
"No, it was stayed"
"You weren't convicted then?"
"No sir"
"well, anyone can have an accusation against them, there's nothing that will stop you in that case - We only have a concern for convictions, and even then each one is individually looked at"

He went on to tell me that it most likely won't come up, and he advised me that it my be prudent to carry a document from the court which can prove that no conviction was registered. He said he couldn't guarantee anything, as per normal, but he didn't foresee any issues. And I know that there aren't lawyers here, so don't take it as legal advice, but it makes complete sense to me.

Thanks again!

Thanks for sharing that! I hope it works out for you.

Keep us posted on how you do when you move down there. It's 'only' the US but it's definitely different living there

Hrm, what they told you is not all together true.

A friend of mine was arrested for possession of a joint way back in the day. No charges were ever brought and therefore there was not even a court date. He had no problems flying into or via the US before, but since Bush has been in power, rules have changed and he actually has to apply for some special kind of visa stating he is allowed to enter the country.

I also worked for an travel company for a while and had lots of people complain because they were not allowed into the US for one reason or another. Mind you, I also know people who do have records that travel freely. It might all depend on the mood of the agent that day!

I will tell you this.Even if you are charged you still have a record.Depending on wether the stay was summary or indictable makes a huge differance.Summary then you are able to apply for a pardon after 3 years the other you have to wait for 4 years and it isn't always gauranteed.Also if you try to enter the US with a record and they catch you they reserve the right to charge you for illegal entry.I would contact your local probation and porole office and see if you cand find out the info I have just told you about.If you need anymore help feel free to ask.My cousin is a probation officer and I myself have been waiting for the last 1.5 years for my pardon.

Drew

I do indeed know that I have a 'criminal record' which contains information about my arrest, and also contains information which shows there was no conviction. A stay of proceedings is not in any way a conviction. I cannot apply for a pardon because I haven't been convicted of anything (as per the RCMP website - "You do not need to apply for a pardon if charges against you were dismissed, stayed or withdrawn, or did not result in a conviction."), nor did I plead guilty in any way, such as would be the case had the case resulted in a discharge. I could apply to have my arrest record and fingerprint information expunged, however at this point in the game there really isn't enough time to start that process.

I also talked to three different CBP officers at three different Ports of Entry, and each one said the same thing, basically; it might come up in questioning (but most likely will not be an issue), and I should have documentation from the court which illustrates that there was no conviction, if it is at all questioned. I also spoke with my attorney whom defended me and he said to be honest with them when I am talking to them, but he didn't see any issues with getting across the border. I also asked the CBP officers if I should bring the entire court transcripts with me, and they all said it wouldn't be necessary, but just to provide the one document with the final disposition on the case file from the court handling the case.

I will certainly post up the results of my application when the time comes. Thanks for all the information.

Well it seems to me like you have got all your "ducks in a row" please keep me posted on the results.Unfortunately my charges were convicted so I am in a waiting process for my pardon,However;I am curious to see how you make out.


Drew

So the arrest record wasn't a cause for denial, and it wasn't even an issue for the US Customs and Border Protection. I am now in the USA with a 3-year visa.

The lawyers who prepared my petition included an extra package in case the arrest record became a sticking point with the officers, but they also told me that an arrest with no finding of guilt, and no admission of guilt on my part isn't a cause for denial.

The whole process from driving up to the border with all my belongings, and getting the approval and driving away took about 45 minutes - and that includes standing in a short line-up.

It should be said, like the site admin said - this isn't legal advice and shouldn't be taken as such. I found out from this whole process how important it is for lawyers to be involved in order to clarify all issues a person may have with this process. The lawyers I had were so thorough in their paperwork that the CBP Officer didn't even ask me a single question.

Thanks for all the responses, and now I can go ahead and really be a Canuck Abroad!