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.htm
Everything you need to know for free in Canada can be found at:
http://www.rcmp-grc.gc.ca/crimrec/pandp_e.htm
and is reproduced below.
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--Provinces--- Alberta British Columbia Manitoba New Brunswick
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Canadian Criminal Real Time Identification Services
PARDON and PURGE SERVICES
--------------------------------------------------------------------
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 taxman at centa.com
www.centa.com www.david-ingram.com
Disclaimer: 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
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Immigration Wizard Antarctica Rwanda Guru Consultant Specialist Section
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Aruba Zimbabwe South Africa Namibia help USA US Income Tax Convention
David Ingram expert income tax help and preparation of US Canada Mexico
non-resident and cross border returns with rental dividend wages
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income tax convention treaty
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