Pardons Canada – NEXUS Will Be Denied With Any Past Criminal Involvement

www.pardons.org

Each day we get a number of calls or emails from people who are shocked to find out that the Americans know about their criminal charges even though in most cases, the charges were either withdrawn, dismissed, stayed, absolute or conditionally discharged.

A criminal check done by NEXUS will indeed turn up any criminal activity regardless of whether you have been found guilty or not. So long as you have been fingerprinted for a criminal charge, your NEXUS application will be rejected.

If your NEXUS application has been rejected, then you will need to provide the Americans with sufficient evidence that the criminal charges were dismissed, withdrawn, stayed, conditional or absolute discharged and then they may consider allowing the application in certain situations.

The best idea is to apply for a file destruction prior to applying for your NEXUS so that the Americans will not see that you have been in trouble with the police in the past.

If you have been denied entry to the US, then you will need a US Entry Waiver (I-194) to return to the US.

Here is a recent article highlighting the challenges of NEXUS, entitle “Fast lane NEXUS users pulling fast ones at Canada-US Border:

http://www.vancouversun.com/news/Fast+lane+Nexus+users+pulling+fast+ones+Canada+border/5127664/story.html

WINDSOR, Ont. — Every six days, on average, someone enrolled in Nexus is kicked out of the program after being caught trying to smuggle goods into Windsor, Ont., according to the Canada Border Services Agency.

Last year, 78 violations were recorded among cardholders entering Windsor at the bridge or tunnel, and 62 members were ejected from the Nexus program following seizures of undeclared goods. The binational program is designed to speed border crossings for “low-risk” travellers.

Nationwide, 250 Nexus violations were registered in 2010, said CBSA spokeswoman Esme Bailey. That means almost one-third of the detected Nexus violators were nabbed in Windsor.

Nexus cardholders, approved for expedited customs procedures, were caught in 2010 trying to illegally cross the border with everything from a boat and expensive jewelry to a mounted set of new tires, shoes, cigarettes and bottles of beer.

For some, the Nexus program is seen as “a licence to smuggle,” said Bill Anderson, Ontario research chairman of cross-border transportation border policy at the University of Windsor. The “very unfortunate” consequence that he’s hearing from Nexus members is that they’re being subjected more often to closer inspections, he added.

“Obviously, the only way they’re getting caught is because of secondary inspection . . . it’s a shame, because it’s going to devalue (the program) a little bit,” said Anderson.

Authorities on both sides of the border emphasize that only a tiny proportion of members breaks the rules.

Bailey said in an email that the 250 violations represent only 0.007 per cent of the nearly four million Nexus entries into Canada by air and land in 2010.

There were 683,309 such Nexus passages via the Windsor bridge and tunnel in 2010, Bailey said.

Mitch Jula, a systems analyst who commutes daily from his Windsor-area home to his job at Diadem Precision Technology in Troy, Michigan, estimates it takes him about half the time to cross the bridge using a Nexus lane. He said he’s pulled over three or four times a year for random secondary inspection while using Nexus.

Begun a decade ago by the Canadian and U.S. governments, the Nexus program has more than 500,000 members with the aim of increasing that to more than 800,000 by 2015.

Applicants must undergo background checks, including proof of a clean criminal record, a face-to-face interview and fingerprinting. Chief Ron Smith of U.S. Customs and Border Protection said member information is constantly updated through government criminal, customs and immigration computer databases.

“We gave you a way to expedite your crossing and you failed to obey the rules,” he said of those who lost the “privilege” of Nexus membership.

“We’ve even had a couple instances of (Nexus members) smuggling people and drugs,” said Smith.

Because of the low number of transgressions, Smith said the issue is “not something real hard on our radar” and that Nexus users can continue to expect “minimal” random inspections.

But for those who are caught and lose their Nexus cards, expect to be “looked at a little more carefully” in future border crossings using the regular lanes, he said.

The average interaction with a customs officer at the border is about a minute in the regular lanes and half that in the Nexus lanes, said Smith. It doesn’t sound like much of a difference, but it quickly adds up when multiplied by all the vehicles in front of you during busy times, he said.

Read more: http://www.windsorstar.com/news/Fast+lane+Nexus+users+pulling+fast+ones+Canada+border/5127664/story.html#ixzz1SrG59ZuL

Pardons Canada – Conditional and Absolute Discharge Can Prevent Your From Traveling to the USA

www.pardons.org

When people are convicted with a criminal record (ie – assault, theft, dui, fraud) and the punishment is a conditional or absolute discharge, you still have a criminal record that can be seen by employers and the Americans.

Its true, the charges are supposed to be removed at the federal level after a certain time if the criminal charge resulted in a conditional or absolute discharge, but the fingerprints, photos, court and police records will still stay on file at the local level and will trigger a red flag on a criminal background check.

You do NOT need a Pardon for a conditional or absolute discharge but you will need a file destruction to remove the prints, photos, court and police information so that you will be safe for employment and travel purposes.

You only need a US Entry Waiver, I-194 if you have been denied entry to the US due to your criminal record. If you have never been denied entry to the US, then once a file destruction is completed you WILL be safe to travel.

Here is a thank you letter we recieved recently from a person we helped to obtain a file destruction for an assault charge:

“I recently recieved notification in the mail that my photographs and fingerprints have been destroyed by the police. I am so relieved that this process is finally over. Its amazing to know that this service exists and even more amazing to have it actually work.”

“The news couldn’t have come at a better time. Last year, I had to sit on the couch and watch the NASCAR race that my dad and brothers attend every June as I wasn’t able to cross the US border. Needless to say it wasn’t easy.”

“What made it even harder is that I was never convicted of anything. I was guilty by association in a raw deal. I missed out on many occasions in the year plus while I waited for everything to be sorted out.”

“I am now able to attend the NASCAR race this June and more importantly a cruise that departs our of FLA later in the year with my special lady.”

“Relieved is an understatement to how I feel having this weight off my back.”

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011.

Pardons Canada – Having a Conditional Discharge Can Impede Getting Employment

www.pardons.org

We have many people call us who have a conditional or absolute discharge, stayed, withdrawn or dismissed criminal charges. Often, they believe that because of the nature of the punishment that they do not have a criminal record. This is not entirely true.

If you have been given a conditional or absolute discharge or if the criminal charges have been stayed, dismissed, withdrawn or diversion, it means that you have been fingerprinted by the police and gone to court and there are police records.

When employers do criminal record checks they WILL see that you have been printed by the police regardless of whether the criminal charges ended up in a conviction. This will often impede your ability to get the job because the employer is already suspicious, even though you may not even have been guilty.

It is important to get a full file destruction to remove your prints, photos, court and police information when you have been given a conditional or absolute discharge or if your criminal charges were stayed, dismissed or withdrawn.

Here is an email we received from someone who had a conditional discharge and could not get work because her criminal record was still showing up with employers:

“The following is the situation that I\’m currently dealing with. I was wondering if I can get some guidance on what steps I should take. In approximately 2003 I was charged with impaired driving as well as failing to appear. The impaired driving charge was dismissed after trial by judge. The failing to appear resulted in a conditional discharge for a short time of community service and probation.”

“I have completed the conditions, however I have never received any paper work to prove this. I was unaware that I had a criminal record and have applied for 2 jobs in which I signed a form for a police check.”

“I checked the no box because I had no idea this was on there. I did not gain employment with either job even though I was sure to be hired. I was not informed by either company that anything appeared during their search, however it now seems likely that they have indeed found something.”

“The police checks were done by Loblaws and ACC. Both for minimum wage positions. Why would such a low paying job require a police check? Why would a conditional discharge on a charge like failing to appear be viewed as a reason not to hire someone for a minimum wage job?”

“Especially since I failed to appear to court on a charge of impaired driving that after I defended myself at trial was dismissed. Why are these companies able to ask if you have a record for a cashier job? Is this not discrimination? Or a human rights violation? The charge has nothing to do with theft or fraud. If I had checked yes and explained this charge would it have mattered? Or would they still not hire me over something so small? ”

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011.

Pardons Canada – Proposal for Raising Pardon Fees Unfair

www.pardons.org

The federal government is proposing to significantly raise the fees for a pardon. In order to do this, they had to conduct a public forum outlining their plan and recieve feedback from the public. Over 1000 people objected to the proposal to raise the fees for a Canada Pardon and only a handful were agreeable to the increase.

Almost every employer in the country in now doing criminal checks for new employees, so a person who is unemployed has little chance of getting a job if they have a criminal record, even if its really old. Once a pardon is granted, the person will pass a criminal check without worry and can get work.

If a person is unemployed, their funds are limited and a Pardon is essential, so it is unfair to raise the fees for the approval of a pardon.

Here is a recent article entitled “Many Say cost for forgiveness too high”:

http://www.thespec.com/news/canada/article/558702–pardon-me-many-say-cost-for-forgiveness-too-high

OTTAWA More than 98 per cent of people who responded to a federal consultation on quadrupling the application fee for a criminal pardon objected to the Conservative government’s idea.

The government wants to hike the cost of seeking a pardon to $631 from the current $150, saying taxpayers should not have to subsidize the process.

As required under the federal User Fees Act, the Parole Board of Canada — the body that vets pardon applications — held a February consultation to gather feedback on the proposal.

In response, 1,074 individuals and organizations said they did not agree with the proposed fee increase, while 12 were supportive, says a summary report by the parole board.

The report says people opposed to the fee increase most often said it would:

• pose a financial burden for applicants, with many unable to pay the increased fee;

• make it difficult or impossible for people to apply for a pardon who need one to help them obtain employment or pursue their education; and

• amount to further punishment to that already imposed by the court.

“Some also indicated that they thought the proposed fee increase was politically driven.”

The Canadian Press obtained responses to the consultation, with the names blanked out, under the Access to Information law.

“It is outrageous to think that quadrupling the pardon fee would be acceptable to all Canadians,” wrote one person.

Said another: “This proposal is preposterous.”

One said the plan was “not only a cash-grab, but is downright criminal.”

The Metro Community Chaplaincy of Dartmouth, N.S., said those most affected by the proposed fee increase are “disproportionately poor, disadvantaged, and marginalized.”

A law passed one year ago requires the parole board to assess the behaviour of applicants from the time of their conviction to ensure granting a pardon would not “bring the administration of justice into disrepute.”

It means scrutiny of pardon applications — once largely a matter of checking paperwork — has become much more labour-intensive and costly.

The parole board says that without a fee increase, demand will continue to outstrip its ability to provide timely pardon services.

The Canadian Press

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011.

Pardons Canada – A Pardon Can Be Revoked

www.pardons.org

In the vast majority of cases, once a person has been granted a Canada Pardon, they do not re-offend and can live a life free of the burden of having a criminal record.

Most people are thrilled to obtain a Canada Pardon because they can be safe to travel to the US without worry and for work purposes as a criminal background check would be clean.

However, if you do get convicted again, the government can choose to revoke your pardon and your criminal record will show up once again.

It is possible to obtain another pardon once you have served your punishment and have stayed out of trouble for the required time period.

Here is an email we recently received from a person who received a Canada Pardon for a DUI (Impaired Driving) in 2003, and just recently got another DUI, to which the Parole Board has proposed to revoke his initial Pardon:

“I received a letter from the NPB today proposing to revoke my pardon granted in 2003 because of my new conviction. My previous conviction occured in 1990 for a DUI.”

“They are evaluating my good conduct criteria. My offense occured on July 20, 2008 and I was convicted in December 2009 of DUI. I completed the Interlock program successfully and have not had any problem since.”

“The Criminal Records Act provides for written representations to be submitted for consideration by the NPB addressing the reasons for the proposal to revoke. Can you help me in this matter or advise me how to deal with this problem?”

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011.