Student Visa with a sealed criminal record

[100111230]

I was arrested in Canada where I live when I was in high school 11 years ago for theft and fraud under $1000. Shortly after, I attempted to enter the US but brought no identification and was told that I needed it and sent home. The guard looked me up and confirmed my criminal record at the time which has since been sealed. I have been told that they usually enter it in their database forever and it is always visible despite the record being sealed in Canada. However, I have crossed the border and flown numerous times since and they always have my ID and enter it in the computer but no guard since has ever said anything to me about having a record. I have been accepted into Chiropractic school in the US and will be applying for a student visa in a few months. Does anyone know if I need to apply for a non-immigrant waiver to get the visa as they were considered inadmissable crimes according to the DHS website or is there a chance that they never entered my record into there database and now that it is long sealed, it is not visible to anyone?

[Steven]

It's not clear what access they do have, however US Federal law enforcement agencies do have access to CPIC, that's for sure. There's a bit of a wrangle at the moment as to how much access USCIS should have to it and whether they are a "law enforcement agency".

But the answer is probably yes, if you're in CPIC there's a good chance you will show up as having a record when you cross the border. Go to your local PD and apply for a CPIC name search and you will be able to see what records they have.

[100111230]

Thanks for the quick response.
However, there is nor record for me on cpic. ( it comes up clean when it is searched) my question is that the border had seen it on cpic about 10 years ago
when I was still in high school. That record has since been erased and nothing shows up if the border were to search me now but I am not sure if they entered my previous record into their files in the US. The amount of times I have crossed without any issues leads me to believe that they didn't and that I should have no problems studying in the US. I want to know if that is possible or has happened to anybody else.

[Steven]

If you're not in CPIC I can't see how they can identify you as having a criminal record unless you're on a terrorist watch list (or you committed an offence in the US and you're in NCIC). Or you're in the Border Patrol/BEST intelligence database (e.g. person suspected of aiding illegal border crossings).

None of which seems likely.

BTW, there's a lot of guff about what records they have access to on these "get a Canadian pardon" websites. Take anything on there with a large pinch of salt. They try and scare you.

Most people's real problem is being identified as someone they aren't.

Also your offence doesn't sound like one that prevents you from entering, the standard is two or more offences for which you were incarcerated for five years or more.