Hi David, my name is xxxxxxxxx xxxxx..
I have a
criminal record, probably 4 charges. I want to get a
pardon
for this. I was wondering how to get access to
my
record, and if I can do this free of charge?
Could
you help me out on this? Thank
you.
------------------------------------------------------------------------
david
ingram replies:
I am verrrrryyy late answering this.
Note that as
well as a PARDON from Canada, you need a Waiver to get into the USA.
You
do NOT need to pay anyone to get a PARDON in Canada.or a US Waiver.
You
can pick up a US waiver application at any US immigration POE (Port of
Entry) or at a US Consulate. I have never been able to find it "for
free"
on the interenet. The forms or kits are also available
commercially.
You can buy excellent kits for both Canada and the USA for
$55.00 each at:
https://www.canlaw.com/forms/orderform.htmEverything
you need to know for free in Canada can be found at:
http://www.rcmp-grc.gc.ca/crimrec/pandp_e.htmand
is reproduced
below.
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Canadian Criminal Real Time Identification
Services
PARDON and PURGE
SERVICES
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LEARN MORE
. Civil Fingerprinting
Services
.
Assistance to Law
Enforcement
. National Parole Board
Offices
.
Frequently Asked
Questions
--------------------------------------------------------------------
a.. How to Obtain a Pardon
b..
Non-conviction
c..
Retention/Disposal of Criminal
Records
d.. Purging of Criminal
Records
e.. Retention/Disposal of
Young Person Criminal Records
f..
Young Person Specific Court
Dispositions
g.. Young Person
Information Special Repository
Pardon and
Purge Services processes pardons granted and issued and
revocations and
cessation of pardons. It seals or reactivates the criminal
record when a
pardon is granted, revoked, or ceases to have effect, and
notifies the
contributing agencies on behalf of the National Parole Board
(NPB).
The section also purges
criminal records information in accordance
with the Criminal Records Act,
Youth Criminal Justice Act, and ministerial
directives.
Note: Under the authority
of the Criminal Records Act, the Minister of
Public Safety Canada may
disclose information from a pardoned record. Under
the same Act, the
National Parole Board may revoke a pardon if the person to
whom it is
granted is subsequently convicted of a summary offence or is no
longer of
good conduct. A pardon automatically ceases to have effect if the
person to
whom it is granted is subsequently convicted of a dual procedure
offence.
HOW TO OBTAIN A PARDON
NOTE: Please direct
all inquiries about the status of your pardon
application to the National
Parole Board office nearest you.
The lead
agency dealing with Pardons is the National Parole Board. For
more
information on Pardons, visit the Pardons Page of the National Parole
Board
website.
To apply for a
pardon:
a.. You need to obtain
a "Pardon Application Guide" from the
National Parole Board
(NPB).
b.. A lawyer or other
representative is not necessary.
c.. To obtain the NPB booklet or for additional information,
contact:
Clemency and
Pardons Division
National Parole
Board
410 Laurier Avenue
West
Ottawa, ON K1A
0R1
Telephone:
1-800-874-2652
Fax. (613)
941-4981
http://www.npb-cnlc.gc.ca/
d.. Pardon Application Guides are also available from the NPB
website, NPB
Regional Offices, RCMP Offices, Provincial and Municipal Police
Offices, and
the Courts of
Justice.
NON-CONVICTION
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.
If charges
did not result in a conviction, but your record is on the
RCMP
system:
a.. you may contact
the arresting police force and ask them to
request that the RCMP return your
fingerprints and all information taken at
the time of arrest for
destruction. The police forces may choose to deny
this
request.
POLICY ON THE RETENTION/DISPOSAL OF CRIMINAL
RECORDS
Criminal Records are retained
until the subject of the record is
eighty (80) years of age with no criminal
activity reported in the last ten
(10) years, except where the
subject:
a.. has been
sentenced to life imprisonment.
b.. has been designated a "dangerous offender", and/or is still
under the
sentence of a court.
c.. is still
the subject of a prohibition order which has not
expired.
d.. has an
outstanding warrant or an interest has been expressed by
an agency engaged
in the execution or administration of the law.
In each of these instances, the criminal record is retained
until:
a.. the subject
completes his/her sentence and remains crime free
for a period of ten
years.
b.. the subject attains one
hundred (100) years of
age.
POLICY ON THE PURGING OF CRIMINAL RECORDS
Absolute Discharges
a.. All
absolute discharges received on or after July 24, 1992, are
removed from the
criminal record after a period of one (1) year from the
date of
sentence.
b.. Absolute
discharges received before July 24, 1992, are removed
upon written request
from the individual.
Conditional
Discharges
a.. All conditional
discharges received on or after July 24, 1992,
are removed from the criminal
record three (3) years following the date of
the
sentence.
b.. Conditional
discharges registered before July 24, 1992, are
removed upon written request
from the individual.
Please download the
Request to Purge Absolute and/or Conditional
Discharge form and complete and
send to:
RCMP
PARDON AND PURGE
SERVICES
Box
8885
Ottawa, ON K1G
3M8
Fax:
613-957-9063
Requests must contain all of
the following information:
a..
your full name (including any maiden names or
aliases),
b.. date of
birth,
c.. complete return mailing
address, including Civic address,
Apartment number and/or P.O. Box
number
d.. phone number (include
area code), and
e.. the
particulars of the offence(s) that
apply.
POLICY ON THE RETENTION/DISPOSAL OF YOUNG PERSONS ' CRIMINAL
RECORDS
Having an expired criminal
record as a Young Person should not affect
you as an adult. Once entries
have expired, the charges are removed and
cannot be accessed by any law
enforcement agency.
However, a subject
found guilty of a subsequent offence as an adult
BEFORE the expiration of
the retention period is treated as an adult and the
retention and disposal
periods applicable to an adult take
effect.
Young Person - Treatment of
Specific Court Dispositions
Summary
Offence and Indictable Offence
a.. If the young person is found guilty of a summary offence, the
record is
removed three (3) years after the satisfaction of the sentence
(custody
and/or probation).
b.. If
the young person is found guilty of an indictable offence,
the record is
active for a period of five (5) years after the satisfaction
of the sentence
(custody and/or probation) and then is transferred to a
special
repository.
c.. If, prior
to the expiration of the periods, a conviction for a
subsequent summary
offence or an indictable offence is entered against a
young person, the
retention period for all entries will begin anew. Once the
retention period
for the subsequent offence has expired, the entries are
then transferred to
a special repository.
Finding of Guilt Not
Entered
a.. If the young
person is acquitted (other than by a verdict of not
criminally responsible
on account of a mental disorder) and the charge is
dismissed, withdrawn, or
stayed, the record is transferred to a special
repository.
b.. If the
young person receives a reprimand, extra juidicial
sanctions or is ordered
to enter into a recognizance to keep the peace and
maintain good behaviour,
the information is transferred to a special
repository.
c..
Restorative justice or extra judicial measures: the information
is destroyed
upon receipt.
Absolute and Conditional
Discharges
a.. If the young
person is found guilty, and given an absolute
discharge, the record is
transferred to a special repository one (1) year
from the date of
sentence.
b.. If found
guilty, and given a conditional discharge, the entry is
transferred to a
special repository three (3) years from the date of
sentence.
YOUNG PERSON RECORDS REMOVED TO A SPECIAL
REPOSITORY
Law enforcement agencies cannot
access young person information once
it is removed to a special repository.
Information stored in the special
repository can only be released by Pardon
and Purge Services under
circumstances outlined in section 128 of the Youth
Criminal Justice
Act.
--------------------------------------------------------------------------
LINKS
a.. National Parole
Board of Canada
b.. Real Time
Identification Project
(RTID)
--------------------------------------------------------------------------
Content created:
2001-04-01
Content revised:
2003-12-22
Page updated: 2007-10-16 Return to Top Important
Notices
-----------------------------------------------------------------------------------
david
ingram
wrote:
---------------------------------------------------------------------------------------------------------------
David
Ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and
working Visa Specialists
US / Canada Real Estate Specialists
My Home
office is at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N
3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls
welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time -
(please do not fax or phone outside of those hours as this is a home
office)
email to
[email protected]www.centa.com www.david-ingram.comDisclaimer:
This question has been answered without detailed information or
consultation
and is to be regarded only as general comment. Nothing in
this
message is or should be construed as advice in any particular
circumstances.
No contract exists between the reader and the author and any
and all
non-contractual duties are expressly denied. All readers should
obtain
formal advice from a competent and appropriately qualified legal
practitioner or tax specialist for expert help, assistance, preparation, or
consultation in connection with personal or business affairs such as
at
www.centa.com. If you forward this
message, this disclaimer must be
included."
Be ALERT, the
world needs more "lerts"
David Ingram gives expert income tax &
immigration help to non-resident
Americans & Canadians from New York to
California to Mexico family, estate,
income trust trusts Cross border,
dual citizen - out of country investments
are all handled with competence
& authority.
Phone consultations are $400 for 15 minutes to 50
minutes (professional
hour). Please note that GST is added if product
remains in Canada or a phone
consultation is in Canada.
This is not
intended to be definitive but in general I am quoting $800 to
$2,800 for a
dual country tax return.
$800 would be one T4 slip one W2 slip one or two
interest slips and you
lived in one country only - no self employment or
rentals or capital gains -
you did not move into or out of the country in
this year.
$1,000 would be the same with one rental
$1,200 would
be the same with one business no rental
$1,200 would be the minimum with
a move in or out of the country. These are
complicated because of the back
and forth foreign tax credits. - The IRS
says a foreign tax credit takes 1
hour and 53 minutes.
$1,500 would be the minimum with a rental or two in
the country you do not
live in or a rental and a business and foreign tax
credits no move in or
out
$1,600 would be for two people with
income from two countries
$2,800 would be all of the above and you
moved in and out of the country.
This is just a guideline for US /
Canadian returns
We will still prepare Canadian only (lives in Canada, no
US connection
period) with two or three slips and no capital gains, etc. for
$150.00 up.
With a Rental for $350
A Business for $350 - Rental
and business likely $450
And an American only (lives in the US with no
Canadian income or filing
period) with about the same things in the same
range with a little bit more
if there is a state return.
Moving in or
out of the country or part year earnings in the US will ALWAYS
be $800 and
up.
TDF 90-22.1 forms are $50 for the first and $25.00 each after that
when part
of a tax return.
8891 forms are generally $50.00 to $100.00
each.
18 RRSPs would be $900.00 - (maybe amalgamate a
couple)
Capital gains *sales) are likely $50.00 for the first and
$20.00 each after
that.
Just a guideline not etched in
stone.
This from "ask an income trusts tax and immigration expert" from
www.centa.com or
www.jurock.com or
www.featureweb.com. David Ingram deals on
a daily basis with expatriate tax returns with multi jurisdictional cross
and trans border expatriate problems for the United States, Canada,
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Immigration Tips, Income Tax
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Estate tax specialist expert
preparer expatriate anti money laundering money
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transactions Grand Cayman
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