That means, for example, that a person who must complete 12 months of probation and random drug testing as part of their Conditional Discharge can begin to apply for an expungement no sooner than six months after they have been released from probation or 18 months after they were sentenced. Starting Oct.
Prior to the new rules, having completed such programs made one ineligible to expunge records unrelated to the diversionary program. As with any case involving expungements, a person must meet all of the conditions set forth in the diversionary program and wait the appropriate amount of time six months.
It is still evidence of guilt.
One must then file a motion with the court which oversaw the case. To do so, one must:. If the filing was done correctly, a notice will come back from the court showing that the motion was filed. Should the prosecutor object, a judge may request a hearing, although many expungements do not require one.
When this happens, one must again send certified copies of it to all the law enforcement agencies instructing them to remove the records. An attorney can ensure that the filing is done correctly.
Further, should a prosecutor object, one will want to have an attorney attend the resulting hearing to effectively counter the objections and do everything possible to convince the judge to grant the expungement. In many cases, an attorney can attend such hearings without the need for the petitioner to be present in court. If you or a loved one wants to have the record of an arrest and enrollment in a diversionary program expunged, contact the attorneys of Rosenblum Law today.
The Rehabilitation of Offenders Act | Nacro
Our skilled attorneys have helped many people in similar situations. They will fight to have your record expunged. E-mail or call us today at This is a more complex issue, since it means the courts in Canada have taken additional action with you and your criminal record.
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- Conditional discharge | LawFacts.
- What is Conditional Discharge - Criminal Record in Canada.
There are two types of discharge normally served in Canadian courts; absolute and conditional discharges. A conditional discharge is given when someone on trial for a criminal offense either pleads guilty to the charge or is found guilty by the jury.
Criminal Convictions and Sentencing
However, if circumstances show that there is no harm to the public at large, and that there would be a severe harm to the welfare of the defendant if a criminal conviction is given, a conditional discharge may be handed out instead. An absolute discharge means the court has decided to completely negate any kind of conviction. This means that the court has decided not to go ahead serving a conviction provided that the defendant meets certain criteria.
This can be any number of things, from performing community services to reporting to a probation officer for a period of time, or even staying in school, or finding and holding a job. Different convictions will have different levels of severity, and the same is true of discharges. If you have a conditional discharge for something relatively light such as trespassing or causing a disturbance, then the CBP considers this a non-excludable offence, and you would not be barred from entry.
2. What types of penalties are there for committing a criminal offence?
However, if your conditional discharge is for something more severe, such as an act of violence, an act of theft, or something related to drugs, that is considered an excludable offence. The presence of a discharge in this case can still bar you from entry into the USA.
In order to ensure the smoothest possible entry into the United States, you can get a Record Suspension before attempting to enter the country. This will purge your record from the Canadian criminal database, so that you can safely make no declaration of any kind and, when the CBP conduct a background check, nothing will come up. However, if you have already been subjected to a background check before a Record Suspension, that data will be downloaded into the CBP database, and remain there, regardless of a future Record Suspension from the Canadian court.
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Your best course of action is to make sure you get a Record Suspension before the CBP ever conducts a background check. Whether you need assistance with getting that suspension or need help with securing a US Entry Waiver because you are already in the CBP database, we can help. Contact us for more details on how we can assist you in getting more freedom to travel to the USA.