Question re: U.S. Petty Offence Exception
Feb 27th 2008, 5:12 am
#1
Just Joined
Thread Starter
Joined: Feb 2008
Posts: 3
Question re: U.S. Petty Offence Exception
I'm hoping that someone can help clear something up for me.
Four years ago, I was caught taking $80 from work. Dumb move, got caught. Regretted it every day since. I was charged summarily for Theft Under $5000.
The judge found me to be of good character and I was granted a conditional discharge and completed 30 hours of community service.
When the discharge expired, I applied using this form:
http://www.police.london.ca/Forms/De...nalRecords.htm
to have my local record purged. I received a letter last month confirming that they had destroyed my local record.
Now I'm in need of entry to the U.S. - April 11 of this year. I plan to cross by land at Sarnia-Port Huron.
I have asked a Canadian Lawyer to pull the charging document and get me a copy of the Criminal Code of Canada for that year, and write me a letter stating that I'm eligible for the Petty Offence Exception:
a.) he or she committed only one crime; b.) the maximum penalty possible for the crime did not exceed imprisonment for one year; and c.) the non citizen seeking admission was not sentenced to a term of imprisonment longer than 6 months.
As the crown proceeded summarily, the maximum was 6 months and $2000 fine (neither of which happened, of course)
My questions are:
a) how exactly do I bring this up with the border security?
b) if I have a discharge removed from CPIC and no local record, what exactly can they see in there? (not that I'd withhold, I'm just curious)
c) is the person that I'm crossing with facing any problems? (we're using her car)
d) I'm kind of freaking out over this, if you have any tips, I'd be appreciative.
Thank you in advance for any advice you can offer.
Four years ago, I was caught taking $80 from work. Dumb move, got caught. Regretted it every day since. I was charged summarily for Theft Under $5000.
The judge found me to be of good character and I was granted a conditional discharge and completed 30 hours of community service.
When the discharge expired, I applied using this form:
http://www.police.london.ca/Forms/De...nalRecords.htm
to have my local record purged. I received a letter last month confirming that they had destroyed my local record.
Now I'm in need of entry to the U.S. - April 11 of this year. I plan to cross by land at Sarnia-Port Huron.
I have asked a Canadian Lawyer to pull the charging document and get me a copy of the Criminal Code of Canada for that year, and write me a letter stating that I'm eligible for the Petty Offence Exception:
a.) he or she committed only one crime; b.) the maximum penalty possible for the crime did not exceed imprisonment for one year; and c.) the non citizen seeking admission was not sentenced to a term of imprisonment longer than 6 months.
As the crown proceeded summarily, the maximum was 6 months and $2000 fine (neither of which happened, of course)
My questions are:
a) how exactly do I bring this up with the border security?
b) if I have a discharge removed from CPIC and no local record, what exactly can they see in there? (not that I'd withhold, I'm just curious)
c) is the person that I'm crossing with facing any problems? (we're using her car)
d) I'm kind of freaking out over this, if you have any tips, I'd be appreciative.
Thank you in advance for any advice you can offer.
Feb 27th 2008, 5:41 am
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Question re: U.S. Petty Offence Exception
I'm hoping that someone can help clear something up for me.
Four years ago, I was caught taking $80 from work. Dumb move, got caught. Regretted it every day since. I was charged summarily for Theft Under $5000.
The judge found me to be of good character and I was granted a conditional discharge and completed 30 hours of community service.
When the discharge expired, I applied using this form:
http://www.police.london.ca/Forms/De...nalRecords.htm
to have my local record purged. I received a letter last month confirming that they had destroyed my local record.
Now I'm in need of entry to the U.S. - April 11 of this year. I plan to cross by land at Sarnia-Port Huron.
I have asked a Canadian Lawyer to pull the charging document and get me a copy of the Criminal Code of Canada for that year, and write me a letter stating that I'm eligible for the Petty Offence Exception:
a.) he or she committed only one crime; b.) the maximum penalty possible for the crime did not exceed imprisonment for one year; and c.) the non citizen seeking admission was not sentenced to a term of imprisonment longer than 6 months.
As the crown proceeded summarily, the maximum was 6 months and $2000 fine (neither of which happened, of course)
My questions are:
a) how exactly do I bring this up with the border security?
b) if I have a discharge removed from CPIC and no local record, what exactly can they see in there? (not that I'd withhold, I'm just curious)
c) is the person that I'm crossing with facing any problems? (we're using her car)
d) I'm kind of freaking out over this, if you have any tips, I'd be appreciative.
Thank you in advance for any advice you can offer.
Four years ago, I was caught taking $80 from work. Dumb move, got caught. Regretted it every day since. I was charged summarily for Theft Under $5000.
The judge found me to be of good character and I was granted a conditional discharge and completed 30 hours of community service.
When the discharge expired, I applied using this form:
http://www.police.london.ca/Forms/De...nalRecords.htm
to have my local record purged. I received a letter last month confirming that they had destroyed my local record.
Now I'm in need of entry to the U.S. - April 11 of this year. I plan to cross by land at Sarnia-Port Huron.
I have asked a Canadian Lawyer to pull the charging document and get me a copy of the Criminal Code of Canada for that year, and write me a letter stating that I'm eligible for the Petty Offence Exception:
a.) he or she committed only one crime; b.) the maximum penalty possible for the crime did not exceed imprisonment for one year; and c.) the non citizen seeking admission was not sentenced to a term of imprisonment longer than 6 months.
As the crown proceeded summarily, the maximum was 6 months and $2000 fine (neither of which happened, of course)
My questions are:
a) how exactly do I bring this up with the border security?
b) if I have a discharge removed from CPIC and no local record, what exactly can they see in there? (not that I'd withhold, I'm just curious)
c) is the person that I'm crossing with facing any problems? (we're using her car)
d) I'm kind of freaking out over this, if you have any tips, I'd be appreciative.
Thank you in advance for any advice you can offer.
Assuming you are Canadian, you don't have to do any paperwork. If ASKED, give the paperwork. The person with the car should not have any problems since she is not trying to smuggle you in. Of course, this is assuming that the POE examiner knows the law.
Feb 28th 2008, 3:12 am
#3
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Question re: U.S. Petty Offence Exception
Have the court record showing that it was handled summarily and present it if asked. I'm sure Detroit deals with a lot of Canadians with convictions and will make the right decision.
Feb 28th 2008, 12:28 pm
#4
Just Joined
Thread Starter
Joined: Feb 2008
Posts: 3
Re: Question re: U.S. Petty Offence Exception
Thank you so much, both of you.
I'm hoping for a nice smooth crossing on April 11. Fingers crossed.
Let's hope I'm on a beach in Hawaii 6 weeks from tomorrow!
I'm hoping for a nice smooth crossing on April 11. Fingers crossed.
Let's hope I'm on a beach in Hawaii 6 weeks from tomorrow!
