Vancouver Record Suspensions, U.S. Entry Waivers & File Destructions

Getting a new job, a new apartment, international travel, adopting a child and many other possible plans can be thwarted because of a past criminal conviction in Vancouver. Thankfully, there is a non-profit organization that is dedicated to helping people remove their criminal records as well as providing information, guidance and assistance with other matters relating to past criminal charges and convictions.

In Canada, the Criminal Records Act provides for the relief of individuals who have been convicted of criminal offences in the past and have subsequently rehabilitated themselves. When a record has been suspended, a criminal background search done on the individual will not yield any results.

The ability to travel to the U.S. is often hampered by a criminal record. If a person wishes to go to the U.S. with a criminal record before a Record Suspension can is granted, he or she can apply to the U.S. Immigration and Naturalization Service (INS) for a U.S. Entry Waiver. The application is essentially an admission and disclosure of the past conviction to the U.S. federal government, and will be shared with the FBI.

The application process can be complex and time-consuming. Additionally, the INS will take approximately 5 to 12 months to review an application before a final decision is reached. Therefore, it is best to begin the process as early as possible.

You may be surprised to learn that the record of a past criminal charge in Vancouver that did not result in a conviction can still appear on a criminal background search. Whenever an individual is fingerprinted as the result of being charged with a crime, a file on that individual is created and will remain even if the charge was subsequently withdrawn, dismissed or the person was found not guilty. The resulting inclusion of the charges in a criminal background check could have some devastating and unexpected repercussions.

A request to have the file destroyed and purged can be submitted five months following the charge being dismissed, or the person found not guilty. Once approved, the file, including fingerprints, photos, police and court records, will be destroyed and purged so that the individual has a clean criminal record.