**URGENT ADVICE NEEDED** - Criminal record Purged -

puneetsd
New Member



Joined: 04 Aug 2008
Posts: 4
Location: edmonton

Posted: Sat Aug 30, 2008 8:51 am

 

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Hi ALL,

I had two indictable charges and they were withdrawn and no trial happened last year in March.

RCMP had my FPS number and showing charges withdrawn although I have the police clearance letter from Canada. I started to the process to purge this file from CPIC and got confiamtion that its completed. And so now I am sure my CPIC is cleared. I went to poilce headquaters here and they confirmed tht CPIC is cleared.

I am in Alberta and here on Post graduate work permit.

Applied for Canadian immigration and they have called me for interview to US.
I need to get US visa urgently . its the matter of my life . this interview.

I have never applied for US visa ever before . never been there . I am in canada


There is a question on the US visa form --

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon,
amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled
substance(drug), or been a prostitute or procurer for prostitutes?


If there was no trial and the charges were withdrawn and the fingerprint from RCMP CPIC database are purged and I got the confirmation that my fingerprints and FPS numbers are destroyed.

Now my question to you is ---

can i say NO to this question?


Can they still have my arrest/charges information ?. IF RECORDS ARE PURGED AND MY CPIC( CANADIAN POLICE INFORMATION CHECK ) IS CLEARED.

Please let me know - if I am RIGHT? . I am v v confused . I am kind of afraid tht if I say YES . they can still refuse me for US visit Visa . and I cant afford this rejection at all . as immigration interview in US is v important.

I talked to one a group leader in police services in finger print dept . she told me . tht I can say NO to this question as the records are been destoryed now. Few lawyers told me tht they wont have an access after this purge. BUT few told me tht they will still have an access as they are never destoryed and look below the line. - which I highly doubt.

Please let me know wht you guys think . or if some one has seen case like this before . or if you can suggest me any one else who can answer this question.

Thank you

Waiting for ur response eagerly.

Paul

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1486
Location: North Carolina

Posted: Sun Aug 31, 2008 4:47 am

 

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What country are you from originally? Why would they have called you to an interview in the US? That makes no sense at all, if you're not American. (which is a guess, considering you've said you've never been there, and if you were American you wouldn't need to apply for a visa to go there)

Major confusion, and we'll need more info from you before we can answer any of your questions.
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Mon Sep 01, 2008 11:28 am

 

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If you've been arrested you have to answer "yes", they call you in for an interview and you explain the charges were dropped and there is no further action pending (with a letter from the prosecution service if you can) and that should be the end of it.

USCIS basically only check CPIC on the Canadian side.

I always think this is ridiculous because they don't define "arrest", in some countries they can do sweeps and just arrest everyone to look for a suspect, so then you have an "arrest" record and they'll want to see it to make sure it's all okay. Try getting an arrest record from Algeria or Yemen or somewhere like that. And see if they understand it.
_________________
Steve.

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puneetsd
New Member



Joined: 04 Aug 2008
Posts: 4
Location: edmonton

Posted: Mon Sep 01, 2008 1:02 pm

 

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Thank you for your reply .

The reason why I am concerned about saying Yes/No to this question is . tht I have talked to many people about this adn there always have been a problem visiting US even on a visitors visa if you have an arrest record .

But in my case . my CPIC is cleared now . RCMP has destroyed my fingerprint and all information from the file.

50 percenet of people told me say yes . and 50 percent said no. so I am confused. If I dont have a criminal record . so it was a false arrest. Do you this its gonna be a problem saying NO to this question and if I am questioned about this at the interview . I have all my documents from court. lawyers and police ready in my hands to give a promt reply!

I want to know wht are the levels of CPIC . is CPIC just one database or does it have dirrent databse . always keeps the records of arrest ? Whts the defination of Purge of file means ? They told me my fingerprints and photos are destoryed because of withdrawn charges . so would make sense to say no to this question now ? Or would it be a big offence of saying no to this question. ?
I have all kinds of police clearance possible in Canada with no criminal record

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Tue Sep 02, 2008 9:37 am

 

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CPIC contains all arrest and conviction records for serious offences. This is what USCIS use. You might be able to say "no" but why chance it if you have proof the charges were dropped anyway? It's just a question, it doesn't mean you get denied entry. If it's been purged, it's been purged, that's it.

A lot of this stuff on the web about getting your records purged and all the rest of it is just sales blurb, even if you have been convicted of a serious offence it doesn't necessarily mean you will be denied entry, just means you get a longer interview for the visa.

You have to have been arrested and/or convicted of two offenses for which the aggregate sentence is five years or more to be denied entry. Basically if you've been convicted of a felony and have been charged with another for which the maximum sentence could be more than five years is the point at which you need to worry.

Like I say, present the letter from the police or the prosecution service saying charges have formally been dropped and there will be no further action and that's it, basically.
_________________
Steve.

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