Category Archives: Resources

GPS Tracking for Criminals?

First SCRAM ankle bracelets for individuals and ignition interlock devices for cars to monitor alcohol consumption, now GPS systems used specifically to track the whereabouts of criminals?

It could happen if provincial justice departments get their way. The idea was proposed to track offenders that are released on the conditions of a peace bond, a common sentence for individuals involved in domestic disputes and spousal abuse. The sentence is handed based on the condition that the offender keeps the peace, and stays away from their victim, for an allotted period of time in order to meet the conditions of their sentence and ultimately stay out of jail.

With the proposed GPS tracking systems, offenders released on the conditions of peace bonds could have their whereabouts monitored at all times. For an offender convicted of spousal abuse, monitoring bracelets could be enforced to keep an eye on the offender and provide additional protection to the offender’s victim, with the hopes of ultimately preventing further abuse. It is unclear as to whether or not this will pass into legislation but lawmakers hope to have this program introduced into the legal system.

Express Pardons can help individuals with criminal records obtain Canadian Pardons and US Entry waivers.

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Fingerprinting Required for Certified Criminal Record Searches

A criminal record check is required for both pardon and waiver applications.  In order to obtain a certified criminal record from the RCPM CPIC database a person has to have their fingerprints done for the purpose of a pardon or waiver, depending on the application.  Fingerprints can be done at any local police station or there a number of private locations across Canada that can take fingerprints for either application.  Once the fingerprints are completed they are sent to the RCMP who will in turn generate the criminal record.  The criminal record will show all charges for an individual that are found on the Canadian criminal record database.  According to the RCMP:

  • The Canadian Criminal Real Time Identification Services destroys fingerprint submissions relative to civil screening (including Vulnerable Sector Verifications) when the search process is completed. The fingerprints are not added to the RCMP National Repository of Criminal Records and are not searched for future purposes.

This means that any person can get a criminal record search done without worrying about whether or not doing so will flag them in a system or create a new record.  Getting fingerprints done is the only way to get a certified criminal record check done in Canada.  The certified criminal record is a requirement of both the Canadian and US governments.  Contact Express Pardons for all your pardon and waiver questions or to start an application today.

The National Parole Board and Canadian Pardons

The National Parole Board is a branch of the Canadian Government within the Ministry of Public Safety Canada.  Every pardon application is submitted to the National Parole Board and the board is responsible for approving or denying each application.  The Board is also an independent administrative tribunal that has exclusive authority under the Corrections and Conditional Release Act to grant, deny, cancel, terminate or revoke day parole and full parole.

  • The National Parole Board (NPB), as part of the criminal justice system, makes independent, quality conditional release and pardon decisions and clemency recommendations. The Board contributes to the protection of society by facilitating as appropriate, the timely reintegration of offenders as law-abiding citizens.
  • The Criminal Records Act (CRA) authorizes the National Parole Board to grant or refuse to grant pardons to persons convicted of offences under federal acts and regulations and to revoke a pardon or, under specific circumstances, declare that a pardon ceases to have effect.

According to the National Parole Board:

  • A pardon is evidence that the conviction should no longer reflect negatively on a person’s character. In support of this statement, the Criminal Records Act restricts access to records under federal jurisdiction and removes any disqualifications that would result from a conviction. With regards to employment, the Criminal Records Act specifies that information about pardoned offences shall not be sought in the employment applications of organizations under federal jurisdiction. In addition, the Canadian Human Rights Act forbids federal agencies and departments to discriminate against an individual based on a pardoned record.

Express Pardons works closely with the National Parole Board guidelines to ensure that all pardon applications submitted on behalf of our clients are approved.  Please contact Express Pardons for more information regarding pardon applications.

U.S. Entry Waiver

Yes, it’s that time again! You know it’s thanksgiving in the US when President Obama has pardoned a turkey!

Perhaps all this talk of Thanksgiving has you thinking about your family or friends in the US that you wish you could enjoy the holidays with. Problem is, you’ve had an “incident” at the US Border and were denied entry. Does that mean you’ll be sequestered to celebrating Canadian Thanksgiving in October for the rest of your life?

If you have had a minor incident at the American border, involving the possession of narcotics, you will need a U.S. Entry Waiver the next time you attempt to cross.
A waiver is granted by the U.S. Customs and Border Protection Agency.
To receive a waiver, you need to present the Agency with a detailed package of documents that support your bid.
Building this case takes time and legal expertise.
To avoid disappointment and needless stress, visit Express Pardons and let us assemble a compelling case to get you back on American soil.
All it takes is five minutes to fill out the necessary forms and Express Pardons will begin working on your file immediately.
Let us figure out a strategy for your re-entry, while you worry about procuring tickets to the Seahawks game.

Clearing Arrest Records, Police Records, Withdrawn Charges and a Stay of Proceedings

Author: Jared Church

To see the full article, click here.

Did you know, if you have been arrested or even investigated by the police, you have a record which may come back to haunt you when you least expect it.

Not many people realize that there are many types of record other than true criminal record which are held by police agencies and reported on criminal record checks, particularly the infamous Four-Section RCMP check.

Likewise, criminal charges that proceed to the courts for prosecution may not result in a conviction, but still create troublesome record. Criminal charges may be withdrawn, or the proceedings may be stayed after consideration of the circumstances. These records will remain in the federal criminal record repository of the Canadian Police Information Centre (CPIC), under restricted distribution, and in local police files forever, unless you have them removed.

Investigative and Arrest Records

When police begin to investigate possible criminal activity, they begin by creating a local police file on local and regional systems such as PIRS, PRIME, OMPACC, PIMS, PROBE, IRIS and numerous other police information management systems.

Once your name is entered onto such a system, it remains there, and will often turn up on a locally conducted criminal record screening.

When Will Your Police Record Show Up?

Police records are local/regional by nature, and therefore they are not put onto the federal criminal record repository CPIC (Canadian Police Information Centre). If you are having a criminal record check done for employment and the hiring company/organization is using a third party to conduct the clearance, you will usually be safe.

However, if you are having a criminal record check done for employment and the hiring company/organization is local to the area where your arrest/police record is held, there is a good chance it will turn up and prevent you from landing the job.

Likewise, a lot of employers/organizations now require you to obtain a police clearance or criminal record check on your own. Unfortunately, if you are dealing with the RCMP in your area, you will likely receive a four section RCMP check. The fourth section of this check reveals police information such as investigations, complaints and arrests. Often, the fourth section will simply have a cryptic answer such as “there may or may not be information on file” leading the potential employer to wonder just what you were up to.

I have personally seen this section filled out for matters as minor as someone praying a neighbor with a hose 15 years ago, yet they are now losing great employment opportunities because of it.

Clearing your Police or Arrest Record

There is a solution however, what you need is a “Record Purge”. Legal service professionals at Express Pardons can prepare a petition on your behalf to force the closure of trivial investigate notes and arrest records at your local police through their purge process. Express Pardons maintains files on police policy and procedure for all the major police jurisdictions, and will research the policies of any police for which they are not yet familiar.

Records of Withdrawn Charges, Stay of Proceedings, or Acquittals

When the police believe they have a case against you and wish to proceed with charges, they forward the charges to the crown for prosecutions. However, not every charge results in a conviction and a true criminal record.

The Crown is empowered to control a prosecution’s proceedings, including the ability to terminate it and the ability to select the manner of termination. There are a number of ways in which a prosecution may be terminated other than by proceeding to a verdict. The Crown has the discretion as to which avenue to choose, and may:

  • Withdraw a charge at any time prior to a plea by the accused, or with the leave of the court, after a plea has been entered;
  • Enter a Stay of Proceedings; or
  • Proceed with the trial but elect not to call any evidence or to stop calling further evidence, and ask the judge or jury to acquit.

The avenues that a Crown prosecutor selects in terminating a prosecution have different legal consequences. One of those consequences is the formation of a non-conviction record, in all cases. Even a verdict of acquittal creates a non-conviction record which can turn up in criminal record screenings.

Why Are Charges Withdrawn?

Charges may be withdrawn when the crown determines that:

  • reasonable and probable grounds did not exist to lay the charge;
  • there is no reasonable likelihood of conviction;
  • it is not in the public interest to continue the prosecution; or
  • the charge laid was incorrect and the Crown intends to proceed on a different (even a more serious) charge.

Why Are Charges Stayed?

Generally, a stay of proceedings is appropriate when the case is being discontinued and the public interest requires that the Crown retain the right to potentially recommence those proceedings within one year, although they rarely are.

When deciding whether to enter a stay of proceedings, the Crown considers the following factors:

  • the circumstances of the case and the reason for the inability of the Crown to proceed with the trial;
  • the merits of the particular case (including the sufficiency of evidence and the likelihood of conviction);
  • the relative importance of the case;
  • the likelihood of recommencement

Clearing Your Records of Withdrawn Charges, Stay of Proceedings, or Acquittals

What you need to clear these records is a “Record Purge,” particularly of your federal identification file. Legal service professionals at Express Pardons can prepare a petition on your behalf to force the recall and destruction or your federal identification file and the originating local police record. The courts are then notified of the purge and subsequently seal their records in court archives.

If you need more information on the particulars of your own application, feel free to send me an email.

About the Author:

Jared Church is RCMP accredited, a voting member of the Paralegal Society of Canada, and a leading expert in the field of Canadian Pardons, U.S. Entry Waivers, criminal record systems, and similar legal matters in Canada.

Feel free to Email Jared your questions at info@ExpressPardons.com

For more information on the author’s Better Business Bureau Accredited firm, visit www.ExpressPardons.com

 

Article Source: ArticlesBase.comClearing Arrest Records, Police Records, Withdrawn Charges and a Stay of Proceedings

Traveling to the United States with a Canadian Criminal Record

Author: Jared Church

Probably the most frequently asked question I receive on a daily basis is whether someone can travel to the U.S. with a criminal record in Canada.

If you have been pondering this question for yourself or for a family member, the answer depends on a couple of key issues.

Most criminal offences, but not all, will get you denied entry into the United States

For the most part, U.S. Customs and Border Protection agents (those not-entirely friendly Americans tasked with protecting the U.S. borders) frown on anyone entering the U.S. with a criminal past. However, whether your past crimes get you outright denied, or just hassled unnecessarily, depends on the type of conviction(s) you have.

Not all criminal offences are considered grounds for inadmissibility according to U.S. Immigration law. The U.S. considers any crime that involved “Moral Turpitude” to be grounds for inadmissibility. A crime of “Moral Turpitude” is a crime which demonstrates the potential lack of moral character of the person who commits such an offence.

Generally speaking, a minor crime of passion or poor decision making, such as a domestic assault or drinking and driving, will not constitute Moral Turpitude.

Crimes of theft and fraud, crimes of a sexual nature, crimes involving significant physical violence and any crimes involving drugs, all constitute grounds for inadmissibility into the United States.

But what if I have been traveling to the U.S. for years without being denied?

Many Canadians I deal with on a daily basis have been traveling to the United States for years with their criminal record and assumed that meant their criminal record was not an issue.

Unfortunately, this is not the case. Although it has long been the policy of the U.S. to forbid entry by Canadians with criminal records, U.S border guards would rarely check. When they did see a record, they would often make a personal judgment about the traveler in question, and would waive them through, usually not even bringing the matter to the attention of the traveler.

However, everything changed with 9/11. After the September 11th terrorist attacks, the focus on border security increased dramatically, and many Canadians with old criminal records have suffered the consequences.

Do I need a Pardon or U.S. Entry Waiver?

If you have a criminal record and intend on traveling to the United States, you need to apply for either a pardon or a U.S. entry waiver.

Which one you require, depends on your circumstances.

The first thing you need to know is that the U.S. Customs and Border Protection Agency (CBP) does not recognize a Canadian Pardon. If they are already aware of your criminal record, you must apply for an entry waiver, specifically known as an I-192 Application for Advanced Permission to Enter as a Nonimmigrant.

You should always apply for a pardon for your criminal record in Canada, for many reasons, but it will not get you into the U.S. once you have been denied entry. Why? Because when the U.S. sees your criminal record on CPIC (Canadian Police Information Centre), to which they have negotiated access, they will copy your record to their system. If you then apply for a pardon and remove your record from CPIC, the U.S. will still have a copy of your criminal record on the CBP system, and will continue to deny you entry. If you have been denied entry to the U.S., you must apply for a U.S. Entry Waiver before attempting re-entry.

I have not yet been denied entry to the U.S. due to my criminal record?

If you haven’t been denied entry to the U.S., or if you are otherwise certain that the U.S. is not yet aware of your criminal record, you may choose to only apply for a Canadian pardon.

Although the U.S. does not recognize the pardon, they only have access to CPIC to search for criminal records of Canadians, and only upon their attempted entry into the U.S.

Consequently, if you obtain a pardon and remove your criminal record, and then enter the United States, they will not be able to see that you ever had a criminal record. In this case, unless you voluntarily disclose your criminal record to the U.S. border officials, they will not know to deny you entry.

Although the practice of concealing your criminal record from the U.S. border guards with a pardon is not condoned by this author, it is your choice to make and is very commonly practiced by Canadians who have the choice. Keep in mind, a pardon clears your criminal record for life, whereas an entry waiver is temporary, being granted for only 1 – 5 years at a time.

Follow this link if you would like more information on how to obtain a pardon in Canada.

About the Author:

Jared Church is RCMP accredited, a voting member of the Paralegal Society of Canada, and a leading expert in the field of Canadian Pardons, U.S. Entry Waivers, criminal record systems, and similar legal matters in Canada.

Feel free to Email Jared your questions at info@ExpressPardons.com

For more information on the author’s Better Business Bureau Accredited firm, visit www.ExpressPardons.com

Article Source: ArticlesBase.comTraveling to the United States with a Canadian Criminal Record

Canadian Pardon Information

Hello all,

If you’re looking for information on pardons in Canada, you may want to check out some of my recent articles. Take a look.

Can Any Criminal Record Be Pardoned In Canada?

Occasionally I receive calls from concerned members of the Canadian public who believe that Canadians with criminal records should not be able to receive a pardon.

Whatever your opinion is on the matter, most of the callers have a misconception that anyone can receive a pardon, for any criminal offense, and that there are no systems in place to protect the public from the most serious offenders after they have received a pardon. It couldn’t be farther from the truth….

The Limitations of Canadian Pardons

If you are looking to get a pardon for your criminal offence(s) in Canada, you may wish to know some of the limitations associated with pardons….

Criminal Record Systems in Canada

There is a lot of misunderstanding among the average Canadian about how criminal records are stored, shared, and of course, removed from the various criminal record systems in Canada. In order to understand how they operate, you have to understand what record systems are currently in place…..

How Do I Get A Pardon In Canada?

Not many people know, but over three million Canadians have a criminal record of some form or another. That’s a lot of criminal records. Whether it is a theft, assault, or drinking and driving offence, about one in every ten Canadians have a criminal record. So what is the first step in obtaining your Pardon….