Assault is among the most common criminal charge in Canada. Often times it occurs when a fight has gotten out of hand and the police are called to the scene. In many cases, the person who called the police did so in the heat of the moment and did not wish to lay charges. Regardless, police will usually lay charges and let a judge in court decide whether the person is guilty or not.
Many times assault charges do not make it to court and are withdrawn, dismissed or stayed. Alternatively, the judge may have ruled a conditional or absolute discharge for the assault charge, usually ordering a peace bond or fine payment. In both cases, fingerprints and photographs are taken at the time of the arrest and may still show up on a criminal background check even though the charges were thrown out or discharged. This can get in the way of work and travel to the US.
A Pardon is only required if a full conviction is made but a File Destruction is required for absolute, conditional discharges as well as dismissed, stayed and withdrawn.
Here is a letter we received from a person who we recently helped to get a File Destruction for a conditional discharge:
“I have been a professional for over 30 yrs working to serve the public and have never been in trouble with the law.”
“To be accused of domestic assault is so against my character.”
“I lived with an abusive person who turned a domestic dispute into an unreasonable detention.”
“I pleaded guilty, to prevent my children from going to court to be abused again.”
“I felt I could not financial pursue justice in the court as well as proceed witha lengthy and costly divorce. Until the courts are made more financially accessible, justice cannot be lawfully served for the common person.”
“I feel fortunate to have my record removed so I can now enjoy my guaranteed fundamental freedom of rights.”
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at [email protected] or call 1-877-929-6011.