Hello,
I'm a citizen of the USA who is in the beginning stages of figuring out how to apply for a Criminal Rehabilitation for entry to Canada. My first step is to see what's showing on my record do I can determine whether or not to even bother applying. To do that, I need to know what databases Canada has access to, so I can try to see what they will see by ordering background checks from the right places.
If you're curious about why it matters, here it is:
I was charged with a DUI near Pittsburgh, PA (Allegheny County) back in 2009. I entered into the ARD program, completed it successfully and my record was sealed (that's what the ARD program does.)
I am in the finance field and during the time when my ARD process was being completed I was required to get fingerprinted and a have a background check run by FINRA as part of the U4 process. The DUI showed up as expected on the check, as confirmed by my company when the results returned. Later, we switched firms, and I went through the U4 process again. This time nothing showed up, which surprised me a bit -- I figured that it would still appear in the FBI database (which I assume is where the U4 checks) even if it just showed as "sealed." Although I didn't file for expungement, some events that I describe below have led me to believe that either it wasn't properly entered in the system or perhaps it was actually expunged automatically (apparently some PA counties do this.) Notably, I was not a Pennsylvania resident when this happened, and it seemed that Pennsylvania didn't bother to communicate my offense to the Department of Motor Vehicles because my license was never affected, and my insurance never caught wind of it either.
In 2013 I was charged with a second DUI in New York State. I was surprised to find that the court did not see my previous DUI when they pulled my records. Had they found it, it wouldn't greatly increased the severity of this second offense, however it apparently wasn't even showing as a sealed record. I was allowed to go through probation and at the en of the process, I pled to the less severe non-misdemeanor "DWAI" offense. The entire process finished up in 2014, which means that in 2019 I'll be eligible to apply for Criminal Rehabilitation which would grand me access to enter Canada.
Although it would seem that the first DUI is not on my record anywhere, I'm still concerned that it could appear somewhere, so before I even consider applying for CR, I need to figure out if it does or not. Is there any way for me to order a comprehensive criminal history? Reporting 2 DUIs on my application would obviously decease my chances at being granted Criminal Rehabilitation very drastically, to the point where it may not even be worthwhile to apply.
-----------------------------
So I guess my questions are:
1. Can someone please tell me what databases Canada uses to look at backgrounds of US citizens?
2. Can anyone tell me how to go about ordering a report that comprehensively shows my file the same was that it'll be available to those who'll be reviewing my application?
I'm a citizen of the USA who is in the beginning stages of figuring out how to apply for a Criminal Rehabilitation for entry to Canada. My first step is to see what's showing on my record do I can determine whether or not to even bother applying. To do that, I need to know what databases Canada has access to, so I can try to see what they will see by ordering background checks from the right places.
If you're curious about why it matters, here it is:
I was charged with a DUI near Pittsburgh, PA (Allegheny County) back in 2009. I entered into the ARD program, completed it successfully and my record was sealed (that's what the ARD program does.)
I am in the finance field and during the time when my ARD process was being completed I was required to get fingerprinted and a have a background check run by FINRA as part of the U4 process. The DUI showed up as expected on the check, as confirmed by my company when the results returned. Later, we switched firms, and I went through the U4 process again. This time nothing showed up, which surprised me a bit -- I figured that it would still appear in the FBI database (which I assume is where the U4 checks) even if it just showed as "sealed." Although I didn't file for expungement, some events that I describe below have led me to believe that either it wasn't properly entered in the system or perhaps it was actually expunged automatically (apparently some PA counties do this.) Notably, I was not a Pennsylvania resident when this happened, and it seemed that Pennsylvania didn't bother to communicate my offense to the Department of Motor Vehicles because my license was never affected, and my insurance never caught wind of it either.
In 2013 I was charged with a second DUI in New York State. I was surprised to find that the court did not see my previous DUI when they pulled my records. Had they found it, it wouldn't greatly increased the severity of this second offense, however it apparently wasn't even showing as a sealed record. I was allowed to go through probation and at the en of the process, I pled to the less severe non-misdemeanor "DWAI" offense. The entire process finished up in 2014, which means that in 2019 I'll be eligible to apply for Criminal Rehabilitation which would grand me access to enter Canada.
Although it would seem that the first DUI is not on my record anywhere, I'm still concerned that it could appear somewhere, so before I even consider applying for CR, I need to figure out if it does or not. Is there any way for me to order a comprehensive criminal history? Reporting 2 DUIs on my application would obviously decease my chances at being granted Criminal Rehabilitation very drastically, to the point where it may not even be worthwhile to apply.
-----------------------------
So I guess my questions are:
1. Can someone please tell me what databases Canada uses to look at backgrounds of US citizens?
2. Can anyone tell me how to go about ordering a report that comprehensively shows my file the same was that it'll be available to those who'll be reviewing my application?
