a communications charge

[daty]

A friend was charged in a sting a few years ago with communicating for sex or prostitution or the like .... he paid the fine at the time and has a criminal conviction now.
How does this effect him?
Border crossings?
Bondable ?
Can his record be expunged ? I think this happened about ten years ago.

Have a great DAtY !!!!

 

[KBear]

Could he not apply for a pardon ?

 

[johnny]

if it happened ten years ago, and since then he has kept clean, he should have no problem at all recieving a full pardon, which would mean his record would be clean as if he never did anything. Its just a matter of filling out the paper work, some companies charge a fee and do this for you if your friend doesnt feel like doing it himself, but again he should have no problem.

 

[zoickss]

Not good

He could have trouble crossing the border - I've been there done that (different offence). US Customs does not recognize our pardons - I had travelled (before Sept 11) 50 or so times to the US no problems - but since the 11th they are doing alot more randam checks ( for them to check the RCMP database it is a couple extra keystrokes on their computer) I got hit by one of these, and after 2 months of paper trail and leg work I am free to go again (subject of course to customs moods as always) The thing is once they find it you are in their system so as soon as your passport , licence whatever is entered it comes up every time. What he needs is a letter from the court where he was processed saying it is a SUMMARY offence. And he better hope he has only one of these - more than one he's toast. Time here has no factor - mine was over 12 years ago - (pardoned etc) and it still came back to bite me in the ass. The other option (if he doesn't need to travel to the US for the next 6 months) is to apply for a US waiver - its gonna run him approx. 300 - 500 dollars cdn. But going this route will get him in the system automatically. Where now he is subject to Random Checks. And he might not be given the waiver ! US Customs (INS) really looks down on Violent offences, Drug related offences and Prositution Offences. If you want more info PM me.

 

[syn]

my thoughts ...

i am surprised that your friend was 'fined'.

most people charged with communicating for the purpose ... recieve a conditional or absolute discharge.

a discharge is a finding of guilt, but NOT a criminal conviction.

on the other hand, a fine IS a criminal conviction.

syn

 

[Paul Waters]

A friend was charged in a sting a few years ago with communicating for sex or prostitution or the like .... he paid the fine at the time and has a criminal conviction now.
How does this effect him?
Border crossings?
Bondable ?
Can his record be expunged ? I think this happened about ten years ago.

Have a great DAtY !!!!

Was you friend fingerprinted? If not, he is *not* in the RCMP database and has no worries of the INS finding out.

If he was, then have him apply for the waiver, so he will not have future hassles.

 

[daty]

taking notes

I will relay all of the above and report back
In the meantime THANK YOU

 

[Paul Waters]

Re: crossing into the USA

An amusing bit of trivia: George W. Bush, current president of the United States, is inadmissible to Canada. He requires special Minister's waivers to get into the country, and those only work for up to 30 days. Longer than that and he has to appear before a Canadian judge/justice and prove that he has been rehabilitated. His problem is that famous DUI charge he got years and years ago--under Canadian immigration law, he's inadmissible to Canada.
[/B]

Did you know that there is one Canadian criminal code charge for which you *do not* need a waiver?

That is driving with too much alcohol in the blood

 

[daty]

"the FULL story"

He says that he was caught in a sting 11 yrs ago Sept.
Says he drove around a couple of times, saw a lady that waved at him. He stopped and asked if she was a cop and she asked if she looked like a cop. He then asked if she was working ..she said yes.. he said how much for a BJ ...she then said he was right she was a cop and he was busted. He was escorted to a cruiser where a report was done and a summons was written up... a polaroid was taken sitting in the car but no prints. He was released to appear in court. He got to court and reported to the duty council's office (a subsidized laywer to represent) It was only then that he found out he faced a criminal charge. The council told him that most cases were being heard and excused with a written warning as the "john school" thing was not yet in effect. The laywer also felt that as he was on anti depresants at the time he may be fully exhonourated....BOY WAS HE WRONG...they got before the judge and he said that he had heard too many of these cases and intended to make an example of him with a $500.00 fine and a record.

His question is now how he goes about the pardon and waiver process.... By the way he did swear off the street part of the hobby then and there.

 

[zoickss]

next step

Tell him to check out www.pardons.org they should be able to help him sort it out - little pricy but they do a good job.

 

[Kathy P]

A Communication Charge

Going through a service like www.pardons is just a waste of money. They can't get you anything that you aren't entitled to on your own. It's just a matter of doing the leg work. The first thing to do is to go to Toronto Police Service headquarters at 40 College Street. There is a department where you pay a fee (I think it's around $27). They will then give you an official print-out of what is in CPIC in terms of your convictions. If it was a conditional or absolute discharge, the terms of the discharge were satisfied, they should have fallen off his record on their own. If they are still officially recorded as a criminal record, then your friend has to apply for a pardon. In that case, he will need the Toronto Police Service criminal record sheet he obtained. He can call the National Parole Board and have them mail him an application for a pardon. The fee is about $50 to apply for it. If he follows the instructions himself, he will get exactly the same thing that these services offer for $300-500.

As for the border thing, some of the information is a myth, some isn't. It is random. Some people go their whole lives without being questioned. It certainly isn't automatic. September 11 has changed things. It depends on the perceived seriousness of your offence. A sex offender or someone with weapons charges is going to be treated differently than someone who has theft on their record. It is not a hard and fast rule. It is subject to interpretation. The U.S. Consulate claims that they can look at your original record even when you have a pardon, but frankly that doesn't make any sense. From what I know about the process (and I know quite a bit about it), when you get a pardon, your old record is actually sealed and kept at the Solicitor's General office under seal. Your CPIC (Canadian Police Information Computer) is wiped clean and any law enforcement agency trying to check you out will see pardon received, no criminal record. The only way your previous record is unsealed is if you are convicted of an indictable offence afterwards and then your old criminal record is reinstated.

 

[syn]

more info ...

you will be deemed inadmissible to the US if you have:

a) a conviction for any violation relating to drugs.

b) a conviction for a crime involving moral turpitude [my favourite definition, a crime involving moral turpitude is an act that is 'base, vile, depraved or evil. it is an act done that is contrary to justice, honesty, principle or good morals'. this would include murder, rape, kidnapping, incest, fraud, forgery, theft, arson, robbery, or
prostitution related offences. [oh my ... aren't we all base, vile, depraved and evil!]

c) or if you admitted (even without a conviction) the essential elements of a crime of moral turpitude or a violation of a law involving drugs [remember the whole ross reglabati episode where he could not enter the US for the winter olympics without applying for a waiver ...?]

there is something called a "one petty offence" exception that may apply to your friend. it applies to offences that are prosecuted summarily and have a maximum sentence of no more than one year ...

syn

 

[Kathy P]

I agree with mostly everyone when it comes to getting a Visa to work in the U.S., but as far as visiting (and this advice is pre-September 11 atmosphere) they don't always ask you if you have been charged or convicted of an offense. If they don't ask, chances are they're not going to bar you from getting in. Also, you cannot be accused succesfully of lying about a record. The onus is on them to ask a visitor and frequently they don't if visually you past the test.

 

[daty]

thank you all

He sends his thanks and good regards

I told him only to fly to the states with legal brothels....LOL

 

[daty]

Thank you