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Thread: Pending Charge

  1. #1

    Join Date
    Aug 2008
    Location
    Sarnia
    Posts
    95

    Default Pending Charge

    well i got in a arguement with the old lady this week,, and the neighbors called the police on us because we were to loud. Stupid stupid figth anyways.

    I know it will the charges will get dropped. But I was wondering if I can still cross the border with a pending charge? Since i have not technically been charged yet? I know of a guy through a friend who recently got in a accident and killed another person, he is pending charges too. and He just went to a vacation in mexico...

    So will i be able to do my job with a pending charge,, that I know will just get thrown out anyways?

  2. #2

    Join Date
    Nov 2006
    Location
    Canada
    Posts
    6,835

    Default Re: Pending Charge

    Quote Originally Posted by kwantz View Post
    well i got in a arguement with the old lady this week,, and the neighbors called the police on us because we were to loud. Stupid stupid figth anyways.

    I know it will the charges will get dropped. But I was wondering if I can still cross the border with a pending charge? Since i have not technically been charged yet? I know of a guy through a friend who recently got in a accident and killed another person, he is pending charges too. and He just went to a vacation in mexico...

    So will i be able to do my job with a pending charge,, that I know will just get thrown out anyways?
    You're not gonna have a problem until you're found guilty or a Judge says you must remain in the country and even then it's Canada that would have to stop you from leaving.
    I thought I had made a mistake until I realised that it was just an error.

  3. #3

    Join Date
    Aug 2008
    Location
    toronto
    Posts
    41

    Default Re: Pending Charge

    Me and a couple of friends got charged, and after that he got his AZ license. He had applied for his fast card and was denied due to the charges, even though we hadn't even had our first court date. He started crossing the border, a while later (hauling garbage), and beens asked twice about the charges, which have been since dropped. The reason they knew about the charges at the border was because he had been fingerprinted. If you have been fingerprinted they can see them at the border. Once they asked him directly what the charges were, if dropped, etc, on the second occasion they just asked if he's had any problem crossing the border. He crosses 8 times a week, and he's been going since last december. Currently he's applied for fingerprint destruction. With your charges being minor, I don't think you were fingerprinted so you should be okay?
    Try to get it thrown out of court rather than a discharge, a discharge stays on your record for "3" year.

  4. #4

    Join Date
    Nov 2008
    Location
    out of here
    Posts
    715

    Default Re: Pending Charge

    Quote Originally Posted by gary View Post
    Currently he's applied for fingerprint destruction.
    Apparently, does no good South of the border where the prints are kept forever.

  5. #5

    Join Date
    Aug 2008
    Location
    toronto
    Posts
    41

    Default Re: Pending Charge

    True, they will know of his charges even after the file destruction, because they have seen his fingerprint and have that on the record. His best bet maybe is to get a US waiver, that way they can't screw with him, the way I see it they could turn him around any day.
    In my case, I have not been in the states since I was charged, or after the charges were withdrawn. When my file destruction is complete, and the fingerprints are destroyed, there should be no FPS# linked to my name. And from what I've read after that they should not see them because they won't be there. (HOPEFULLY)
    There is a good article you could find by googling, highway star jim park border pardon, I tried to attach it but it was to big.
    Alot of people think because the charges were withdrawn, they have no record, and can't be denied entry to the US, and don't ever get there file destruction done. Even my buddy, had his charges dropped in feb, and I tried to talk him into getting a file destruction, and he didn't bother till Nov, when customs questioned him.
    Here is some info from Pardons canada,

    How do I know if I have a criminal record?
    What if my charges were withdrawn, stayed, dismissed, or I was acquitted?


    If you have been charged with a crime, even if you were found not guilty, or were never convicted, you do have a criminal record once you are fingerprinted. A fingerprint number (FPS#) is assigned to your name and date of birth, and will exist until you take steps to have this record cleared.
    Also, although you may not have been found guilty or convicted, your FPS# will be revealed in criminal record searches. You can usually have your record destroyed if you were not found guilty. However, if you were ever convicted of even one offence then you will require a pardon.

    What is the difference between a pardon and a file destruction?

    When a person is found guilty and convicted of an offence they require a pardon. The record, including fingerprints, photographs, and RCMP and court records are then sealed, and never opened unless the individual is subsequently charged with a criminal offence.
    File destructions and purges apply to records where an individual was accused, fingerprinted and/or attended criminal court, but not convicted. In the case of file destructions and purges your fingerprints and photographs will be destroyed.

    I was told that I could not legally enter the U.S.A. because I have a criminal record. Is this true?

    Yes. Unless you are an American citizen, or you have received advanced permission by the U.S.A. Immigration office, it is illegal for you to enter the U.S.A. with a criminal record.
    I was told to apply for a U.S.A. Entry Waiver, even though I haven't been refused entry to the U.S.A. What should I do?

    If you must travel to the U.S.A. before your Canadian criminal record is pardoned or destroyed, you will need to apply for a U.S.A. entry waiver to legally enter. Essentially, you will be admitting and giving details about your criminal record to the U.S.A. federal government.
    If it is not necessary to travel to the U.S.A. right away, it is best to remove your Canadian criminal record first. If you have never been stopped at the U.S.A. border it means that they probably do not know about your criminal record. After your record is pardoned or destroyed, the American border officials do not have access to it.
    I really need to go to the U.S.A. before my pardon will be granted. What are the possible results of my trying to cross the border?

    People often pass through U.S.A. Immigration after answering a few standard questions, such as, "where do you live?", "where are you going?" and so on. However, sometimes they will ask for identification and they will conduct an RCMP computer search, which only takes a moment. When they find a criminal record they will download the information into their files. You will then have an FBI and/or INS record.
    The first time you are stopped at the U.S.A. border and your criminal record is discovered, you will most likely be detained a short time and refused entry. If you are rude, or the immigration officer feels that you are potentially dangerous, you may be handcuffed and detained for several hours.

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