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How File Destruction Affects Criminal Record Checks

In Canada, a criminal record is not issued when a person is acquitted of a crime that they were charged with. In spite of that, some records of the charge continue to exist. The police retain an arrest record and the courts maintain the records associated with the proceedings, even if the person was not found guilty.

Since these files are usually not used for performing a criminal record check, one may think that these files will remain classified. In many cases, they will not be accessed; however, any kind of record may eventually surface in a certain situation, and if this should happen, the fact that the person was accused, even if eventually acquitted, may reflect negatively on them before a third party. This is because when a person is exonerated, it may not be because they were proven innocent, but because they could not be proven guilty. Therefore, society may wonder if in fact, the person had committed the offence they were accused of. Two examples from history illustrate this well:

• The British military engineer Lieutenant Colonel By contributed to Canadian history by building Bytown (now Ottawa) and the Rideau Canal, a significant communication between Upper and Lower Canada. However, By was accused of misusing some of the funds given to his construction project and had to stand before the British treasury board. Although he was acquitted, By spent the rest of his life trying to clear his name.

• Football player O. J. Simpson was accused of killing his ex-wife Nicole and Ronald Goldman, her boyfriend, in Los Angeles in 1994. At his trial, the jury acquitted him, but many people believe that in fact, Simpson, who has a history of violence and criminal behaviour, was actually guilty, and was only acquitted due to having a jury that included working class people of colour and due to the police discrediting the case by allegedly planting some evidence at the crime scene.

Normally, an arrest record or a court file will not come to light during criminal record check and will thus usually not cause any problems for a person getting a background check for the purpose of employment, volunteering or similar. It should be noted, however, that in Canada, there are four levels of criminal record checks, ranging from a Level 1 security clearance to a Level 4 clearance. Level 1 is a basic search for unpardoned convictions and will suffice in many cases, but sometimes, a person will be required to get a stringent Level 4 clearance, for example, when applying to work with children, the disabled, or other “vulnerable sector” persons. The Level 4 check includes a search of police and court databases and records; as long as a record remains accessible, there is a chance that eventually, an old arrest will come to light.

A person who was found not guilty of a crime can apply to have the relevant police records destroyed through a process known as file destruction or file removal. It requires the individual to approach the police department which arrested them, the Canadian Police Information Centre, and the court, and request the destruction of relevant documents. Obviously, some bureaucracy is involved with a process; although the procedure is not as difficult as when applying for a pardon, a person may want to delegate the file removal to a pardons agency, which will take care of all the paperwork and know who to approach, freeing up the innocent person’s time for more mundane tasks.

Ned Lecic lives and works in Toronto. He is a writer for a Canadian pardons agency.

Article Source:
http://EzineArticles.com/?expert=Ned_Lecic

www.immigroup.com pbc-clcc.gc.ca Q: How can I get my Criminal Record when applying for a Canadian Pardon? A: In order to get your Criminal Record, you need to have you fingerprints taken on a Fingerprint Form at your local Police Station or authorized fingerprinting service. The fingerprint form must clearly show that you’re applying for a Pardon. Fill out a bank draft, a money order or a cheque for , make it payable to the Receiver General for Canada, and send it along with the Fingerprint form to the Royal Canadian Mounted Police’ Civil Fingerprint Screening office in Ottawa. They will send you your Criminal Record or a Certification of No Criminal Record. Make sure all your convictions are listed in your Criminal Record.
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Question by win-win: Canadian applying for criminal record pardon to enter USA?
If a Canadian adult has a criminal record for an unjust charge which occurred approx 10 years ago, how do they go about applying for a “pardon” so that they can enter the USA?

Best answer:

Answer by Tom
See this: https://help.cbp.gov/app/answers/detail/a_id/760/kw/waiver%20of%20excludability

Give your answer to this question below!

To Set the Record Straight: The Break-In, the Tapes, the Conspirators, the Pardon

To Set the Record Straight: The Break-In, the Tapes, the Conspirators, the Pardon

“It is the most important criminal case ever to be tried in the courts of the United States. It involved the most powerful men in the government and precipitated a constitutional confrontation between the executive and the judiciary more important than any other in our history. At the center of this storm sat one man, U.S. District Court Judge John J. Sirica. From the first indictments against a bizarre band of ‘third-rate burglar,’ through a series of legal altercations with the president of th

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www.immigroup.com pbc-clcc.gc.ca Q: What records are available for a pardon under the Criminal Records Act? A: The Criminal Records Act provides the legislative guidelines for a Pardon of a federal record only — not the provincial or territorial. In practice, that means that only the records held by the federal authorities must be suspended if a Pardon is authorized. The local, provincial and territorial institutions such as Courts or Police, are under no obligation to suspend the record, although they usually do. “If you notice this video contains information that is out of date or incorrect, please post a comment below or please email us at info@immigroup.com so we can correct the information. We appreciate your feedback.”

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3 Responses to “How File Destruction Affects Criminal Record Checks”

  • Uncle:

    should have done that 10 years ago .. probably not possible now ..
    TheUS would not believe that anyway

  • It's just Dennis:
    1 of 1 people found the following review helpful
    2.0 out of 5 stars
    The Judge judges his behavior as practically perfect, June 14, 2011
    By 
    It’s just Dennis (the Bay Area, CA) –

    This review is from: To Set the Record Straight: The Break-In, the Tapes, the Conspirators, the Pardon (Hardcover)

    Judge Sirica had his own idea of how “justice” should be meted out, and didn’t spend too much time trying to follow the dictates of modern jurisprudence.

    Here is a man with a LARGE ego, writing a book to tell us what a great job he did as the main judge who handled the prosecution of most of the Watergate cases.

    A lot of it is quotes from his courtroom. It is written in a folksy style (like he is a good ol’ boy). It spends quite a bit of time chatting about his life outside of the courtroom. I will admit to being pretty annoyed some of the time, at the quirky manner of his writing (and, of course, at his knowing that he always did the right thing). He is darn lucky that most of the people pleaded guilty, or he probably would have had many of his actions overturned on appeal.

    There is some new material, and certainly coming from a different perspective. As the book goes day-to-day in his courtroom, it helps to understand the order that Watergate events unfolded.

    I do not recommend this book for people who are not well-versed in Watergate knowledge.

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  • Anonymous:
    5.0 out of 5 stars
    THE JUDGE OVER THE WATERGATE AFFAIR TELLS HIS STORY, April 25, 2012
    By 
    Steven H. Propp (Sacramento, CA USA) –
    (TOP 500 REVIEWER)
      
    (REAL NAME)
      

    John Joseph Sirica (1904-1992) became famous for his role in the Watergate scandal, when he ordered President Richard Nixon to turn over his recordings of White House conversations. He wrote in the Foreword to this 1979 book, “I received scores of letters from friends and from the general public urging that I set down my own impressions of that crucial period in our national history… I also found that many of the previous accounts were self-serving. I felt I had an obligation to set the record straight… I have deliberately avoided making this a book for lawyers alone… my desire is that the young people in this country … will see that our system works… and that it must be nurtured and preserved…”

    He wryly notes, “I remember that back on April 30, 1973, President Nixon, then trying to save himself from the Watergate scandal, told the nation I was ‘a courageous judge.’ I wonder why he didn’t tell the nation then that the sentences I had imposed on march 23, 1973 were outrageous. I guess he misspoke himself, as he did frequently during that period.” (Pg. 86)

    Commenting on the transcripts which Nixon provided of some of the tapes, he notes, “Compared to the tapes I had heard, the transcripts were mild indeed. In places where the president had used one vulgarity or another, the transcripts noted ‘expletive deleted.’ This phrase was repeated so often in the texts that it became a national joke… More important than the deletion of curses, however, was the editing out of long and critical sections of the conversations. I… found the stunning ‘I don’t give a s___’ quote missing… with the most incriminating statements by the president either fuzzed over or missing altogether, so that the real impact of that tape was gone.” (Pg. 176)

    He is critical of President Ford’s decision to pardon Nixon, observing that “though publicity surrounding the case would indeed have been a problem, it would not have been an insurmountable one… The argument came to this: Nixon couldn’t be properly tried because he wouldn’t allow anyone to try him properly.” (Pg. 186) Noting that Nixon often claimed that his reluctance to “clean house” was based on his loyalty to his staff; Sirica adds, “The tapes paint quite a different picture, showing not a president worried about the welfare of his aides, but rather a president worried about his own political skin. And in the end… the very aides Nixon said he wanted to protect were the men who suffered most, serving jail terms while their chief escaped that fate.” (Pg. 190)

    His ultimate conclusion on Nixon is that “If Nixon had had the character of President Eisenhower… this scandal would never have happened… I regret that I supported him in his national campaigns. I hope no political party will ever stoop so low as to embrace the likes of Richard Nixon again.” (Pg. 192)

    One of the most interesting of the various Watergate memoirs, this one is essential reading for anyone studying Watergate.

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