Visitor: On May 10th, 2017, I appeared in Provincial Court (Winnipeg. MB) with regards to an « Assault with a weapon » charge. (the weapon was a cardboard tube used during a playfight dating back to Oct 2016). The charge has been stayed, and there was no criminal conviction in connection with this incident. A Peace Bond is active. No fine or jail. Just the Peace Bond.
A while after the incident in question, I was arrested and forensic information was collected in Winnipeg (fingerprints, mug shot, etc…). This is the only time I have been arrested, and the only time fingerprints and such have been taken, in Canada or abroad.
I was (am still) unsure of what could/should be done to expunge any documents and records relating to this incident as this is all new to me.
My desire is to travel Overseas to Europe (France, maybe Italy as well) with my wife, daugther, and her family later on this year (May or later… July?). Our intention is for a 2 week visit (maybe a bit longer or a bit shorter). Nothing on the multi-month long stay away from home. Maybe a short visit south of the border to the US would be something in the future.
As all the legal jargon is almost like reading a foreign language, in looking over the Peace Bond today, I did notice that I was to notify the authorities of any change in employment. I have retired since the Peace Bond has been issued, but have failed to report this. I know that I did mention to the court clerk that I was retiring shortly after there Peace Bond was issued… I have a sinking feeling in my gut that this may cause further problems for me.
I do have a few questions pertaining to all of this :
- How long do you think this will take? (purge/expunge/etc…)
- Will the Failure to report changes to the « Peace Bond » have any negative effect to the process?
- Will this affect any plans to travel to France?
- I would imagine that there is a cost with regards to having this done. Any estimate for $?
- Assuming al this goes away, I would imagine that if the question arises, and I were to be asked if I have ever been arrested, the answer must be « Yes ». What happens then? On the same note, what happens when my passport is scanned? Does anything automatically show up? I have not travelled out of Canada since all of this happened… living in fear of having a permanent record of all this locked into an untouchable database somewhere.
- Will speaking directly to a counsellor in your organization help clarify any needed information or help get the process underway quicker? I understand that there is no way to « jump the queue » as they say, but having the proper information at the onset of the process must be the way to go.
Pardons Canada: It is true that your offence is not considered a criminal conviction but it is still a charge and because you were fingerprinted then it will still show up on a criminal background check and will get in the way of work and travel. Rather than requiring a pardon or record suspension you will simply need a file destruction to remove your prints from public record.
Pardons Canada: The process can take 12-18 months to complete depending on the courts and police. Cost to Pardons Canada is $775 + tax to help prepare and submit the application for approval. There is no reason to say anything to anyone once the criminal record is removed as it will no longer show up. It is helpful to speak to a counsellor about your specific situation as we can provide even more guidance and help.