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| Subject: rehabilitation and marriage question |
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i have kind of a dilemma on my hands here and was just looking for any possible advice on it if anyone could help.
around summer of 2005 i flew into canada from the US (im a us citizen) to visit my then girlfriend. at the airport going through customs and immigrations they kept me for hours looking through all my things and questioning me about my criminal record. i had a simple assault back in summer of 02 and phone harassment in 03 and a couple domestic violence charges that were not guilty back in like 95 when i was 18 and with a bipolar wife that liked to mess with me.
anyways..they finally let me go there and i stayed for a while in canada with her. one day when crossing by car to the us, on the way back the lady told me we had a problem and im not admissable etc. she seemed to focus more on the assault which was basically just a scuffle i got into. she said id ned to wait 5 yrs from that and then apply for rehabilitation. she wasnt going to let me in but i told her all my things were there and had a flight leaving back. so she made us pay about 200 dollars for a temporary resident pass until the date that my flight left. ok so anyways during that time period (i hope) we got married in canada and i ended up staying up there for a while longer and missed the flight. i had to finally come back to the US to renew my drivers license, and shes come down to meet me in vegas for vacation. it has been 5 yrs since the assault, 4 since the phone harassment.
im just worried because were supposed to drive back up there and we are under the impression everything will be ok now. but after reading some things on the internet now im not very confident about it.
they have told me that it will help if i can get a pardon of soe of my charges, but the problem is they dont give pardons on misdemeaors, which all of mine were. i think it MAY be possible to dosome kind of expungement or record sealing of some of the old 1995 domestic violence charges (which i dont know why are still showing up i wasnt convicted) but i have a feeling that wont really seal them from CIC, but probably only from employers etc..
is it possible to get an identical copy of the records they bring up on me so that i know exactly what theyre looking at? is it the same fileas the US FBI report is or what?
any other suggestions or comments would be greatly appreciated, because i am still trying to decide whether to drive back or not :(
does anyone have any suggestion for me or c
[12-08-2007,13:05]
[***.193.31.201]
confused |
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(in reply to: rehabilitation and marriage question)
How long were you in Canada in 2005? When were you given the temporary resident pass, and when did it expire? Have you been working in Canada? I don´t know what records they see, but you could request your FBI records.
I suggest you not drive back and speak with a lawyer.
[13-08-2007,01:51]
[**.131.95.74]
Anonymous |
Don't try to enter Canada, UNTIL you get this straight. (in reply to: rehabilitation and marriage question)
CONFUSED:
You are banned from entering Canada, now, for two reasons.
1 Your tempoary entry permit has expired.
2 Your US criminal convictions have not been pardoned by the US state where you were convicted.
That makes you " inadmissible to enter Canada " for as long as it takes YOU to get it rectified. No way around it.
From your own words, it seems to me that you aren´t taking any of this seriously at all. Just a word of warning for you, if the Candian Border Security Agency arrests you at the border, and charges you with an offence under the Canada Immigration Act, you will be in jail for months before you get to a trial, and upon conviction you could be in a Canadian prison for a couple of years. All for trying to "sneak into Canada ".
Stay home, get the paperwork started to begin the "rehab process " or simply forget about ever coming into Canada, again. Your choice.
BTW the computer main frame information system that Canada and the USA share, contains highly restricted information, which you can´t access.
Jim B. Toronto.
[13-08-2007,13:45]
[**.99.152.2]
Canadian Citizen |
still confused (in reply to: rehabilitation and marriage question)
so i guess that i will never be able to enter canada again because i cannot have "misdemeanor" charges "pardoned" by my home state. only "felonies" can be pardoned by application to the governor. and even so, it says in the following ohio revised code that it´s still actually accessible in certian circumstances (which i guess the canada border guys would be able to still see)
so does it seem like i would be wasting my money to go through all this time and trouble to try and get these non convictions "sealed" by ohio courts?
i dont understand why canada has such a hard on for americans with a couple of misdemeanors (equivalent to non indictable offenses there)who have already done all of their time and served less than a week of jail time. i have completed everything the courts on my home state have asked me to do. its been 5 years since i have had a charge of any kind (including traffic offenses) ive been married to this canadian girl for 2 years now. so is it going to be impossible for me to ever cross this imaginary line again in my lifetime because of this?
why did they allow me to enter when i flew in, but didnt allow me to enter when me and my wife drove across the border and back? is there any constant in any of this, or is it just an endless maze of hoops to jump through?
Ohios Law on "Sealing of Records"
Sealing of Criminal Record
Individuals who have been charged with a criminal offense in the Montgomery County Common Pleas Court and who have been convicted, had the charge(s) dismissed, or who were charged but not indicted by a Grand Jury, can apply to the Court to have their case sealed under Ohio law. The statutes that provide for this action are show below.
Sealing of a conviction:
2953.32 Sealing of record of first offense; application; hearing; fee; re-examination of sealed record
Sealing of a dismissed case or a refusal by a Grand Jury to indict
2953.52 Application to have records sealed; grounds; order
You can go to http://onlinedocs.andersonpublishing.com on the internet and view the full text of these Ohio statutes. Additional statutes in the Ohio Revised Code may affect your eligibility to have your record sealed.
You may submit a motion to the Common Pleas Court without the assistance of an attorney if you so choose. You can locate the form needed to file such a motion on our legal forms page. There is a $50.00 non-refundable filing fee when filing to have a conviction sealed. No filing fee is required when filing to have a dismissed charge or a "no true bill" case sealed.
Deputy Clerks in the Clerk of Courts Office are not permitted to give legal advice. If you are uncertain regarding your eligibility to have your criminal case sealed by the court, you should consult with an attorney before paying the $50.00 filing fee. If you cannot afford to hire an attorney, you may call the Legal Aid Society of Dayton at 937-228-8088 to see if you qualify for their services.
The decision to grant your motion to seal your record lies with the Judge of the Common Pleas Court. The court will conduct an investigation in most cases before making a decision.
Waiting Periods to File Motion to Seal Record
Felony conviction 3 years after final release
No True Bill issued by Grand Jury 2 years after Grand Jury decision
Misdemeanor conviction 1 year after final release
Completed Diversion Program No waiting period, apply after dismissal of case
Dismissal of charge No waiting period.
Completion of TLC or ILC No waiting period.
Found not guilty No Waiting period.
Frequently Asked Questions
1. How long do I have to wait before I can file a motion to have my record sealed?
It depends on the type of criminal record you are trying to seal. If you have a felony conviction, you must wait 3 years from the final release from prison, parole, or probation. If it is a misdemeanor conviction, you must wait 1 year from the final release. If your case was ignored by a Grand Jury, you must wait 2 years from the date of the Grand Jury report. If your case was dismissed, you can apply immediately upon the filing of the dismissal entry in the court.
2. Can I have more than one case sealed?
Under Ohio law, you can only have one conviction sealed. If you have more than one conviction (including misdemeanor convictions), the court will not seal your record. You may have multiple dismissed cases or cases where the Grand Jury did not issue an indictment sealed.
3. After I file my application to have my record sealed, what happens next?
The court will refer your application to the court´s office of Criminal Justice Services (formerly known as the Adult Probation Dept.) That office will conduct a background investigation to determine if you are eligible to have your record sealed. They will file a report with the court indicting their findings. The court will then conduct a hearing at which time the Prosecuting Attorney can offer evidence and testimony in opposition to your application, if he so wishes.
4. How long will it take for the court to make a final determination on my application?
This depends on how long it takes the Court to complete the investigation into the case. It also depends on whether there is opposition to your application by the Prosecuting Attorney. There is no set time frame for this decision but you should assume a waiting period of about 3 months.
5. Once my record is sealed, can anyone get the information?
Under Ohio law, there are some circumstances under which your conviction record can be divulged and the facts and circumstances surrounding that conviction can be discovered. (Read Section 2953.32 (D) of the Ohio Revised Code). Generally, the incident, whether it is a conviction, a dismissal, or a no true bill by a grand jury, is deemed never to have occurred once it is sealed by a court. Federal law enforcement agencies do not recognize Ohio orders (or orders from other states) sealing a criminal case. Someone with access to federal database information may be able to see your sealed record if the record was submitted to the FBI.
6. Are there convictions that cannot be sealed?
Yes, certain traffic convictions such as DUI cannot be sealed. There are other exceptions as well. Refer to the applicable Ohio statutes
[13-09-2007,23:49]
[**.142.129.78]
confused |
REPLY TO "ANONYMOUS" (in reply to: rehabilitation and marriage question)
Anonymous, I flew into canada for a visit in the summer of 2005 after hours of waiting and questioning, they allowed me to go ahead and pass through. I was supposed to fly back out about 3 months later. During that time, me and my girlfriend got married in Canada (been close to 2 years now) and we rented a car there for a shopping visit to the states. Upon re-entry across the border is when I was informed by some woman I was inadmissable. I explained to her that the airport CIS didnt tell me this so why would she, which she couldnt give me an answer to. After explaining my situation to her, she gave me a temporary visitor permit lasting until the date my flight was supposed to leave. The next week is when i was married in canada (Oct 2005) to my now wife. When it came time for my flight to leave, she didnt want me to go, and I subsequently ended up staying there for the next 2 years (i wasnt working which was miserable, but every now and then got a few dollars under the table) She didnt drive, so I had to drive her everywhere, and when it came time that my US drivers license expired, I took a train back to the states to renew it. Now were trying to go the correct legal route so that I can re-enter Canada again, but it seems like they want to make it near impossible to get any straight information, and i would hate to waste hundreds of dollars trying to file the forms if they´re jsut going to rubber stamp them "DENIED" :( This has really been so frustrating to try dealing with all of this just to cross over an imaginary line.
[14-09-2007,00:01]
[**.142.129.78]
confused |
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