Jack, if anything on your record somehow magically comes up with Canadian or US Immigration then it's stupid to continue to lie. Plead ignorance or whatever, but to deny it completely would accomplish nothing except giving the officers a good laugh as they denied entrance.
OPer: My Immigration lawyer confirms what I suggested in Post #11 and (partially) what Johnny stated in Post #12: A CD in the UK will never make it to Canadian Immigration records, so forget the whole thing ever happened and fill out your application normally. Lying (or selective memory if you prefer) works wonderfully in your particular case.
Johnny, there is some discussion in the past year or so that some criminal convictions between the UK and Canada are now shared outside of Interpol's records. In two cases this year a Camera Operator and a medium well known UK film director were both initially denied entry into Canada because of DUI offences that happened in the UK. My lawyer is puzzled how Canadian Immigration knew anything, and of course they're not taking...
Cheers,
Terry
<blockquote>Quote
<hr>Jack, if anything on your record somehow magically comes up with Canadian or US Immigration then it's stupid to continue to lie.<hr></blockquote>Agreed, however "magically" is the operative word, as the odds are remote to zero. But granted, when presented with the facts you can't really deny it.
A 'conditional discharge' does not result in a criminal record. If there's no record, there's no conviction on record. As has been mentiond many times above, a 'conditional discharge' generally means that there might be a 'condition' or two attached to the discharge such as not to re-offend for a certain period of time. There may be others - its up to the judge. When the period of time ends, the conviction is discharged. It doesn't exist.
An 'unconditional discharge' also does not result in a criminal record. There is no record of conviction. There are no conditions attached to the discharge.
If you are really worried about long term problems, you should be able to apply for a pardon which is usually granted automatically in these situations - at least in English Canada where the same system of 'conditional' and 'unconditional' discharges are doled out by the court system which is based on the British legal system.
Generally you are asked "have you been convicted of a criminal offence?". Your answer truthfully is no. If you were 'convicted' in the true sense of the word, you would have a record of convictions - criminal.
I've seen the odd time the question, have you been charged with a criminal offence and again - there is no record if you have been discharged of the offence - read the word "d-i-s-c-h-a-r-g-e". You'll note that the definition of 'dis' as a prefix means "denoting reversal or absence of an action or a state". So once again - the answer is "NO".
Hope that makes things clear.
Someone who thinks you should be answering yes cannot grasp the concept of conditional discharges. They probably think a kid who was twelve and stole a car and who was convicted under the young offenders act and sentenced even, should also be answering yes for something they did when they were 'twelve' - something that is on a record that does not exist.
secretcover1 has no idea what they're talking about - at least not legally and lululemon lives in la-la-land unaware of activities that go on underneath her nose in her own neighbourhood.
I would suggest pleading ignorance before lying. I've had clients questioned about speeding tickets - so whatever info the U.S. is sharing it may well go quite deep.
But ignorance and the batting of eyelashes (I had no idea!) is always worth a shot.
As Terry says, it's a crap shoot.
By now CSIS and Interpol are onto you anyway, OP. You have bared your soul on a forum that is scoured daily for miscreants and goof-offs (and for good reason). Al Jazeera gets less attention that Thorn Tree Forums.
Rainboy, a CD in the UK is a criminal conviction and on record until the time limit imposed by the court is over. It's not the same as Canada.
In any case, the OPer's question was answered many posts ago...
Cheers,
Terry
I know it was answered above, but there seemed to be some sort of continued confusion which is why I wrote "When the period of time ends, the conviction is discharged". The conditions, the charge and the conviction still stand until the time period decided by the judge expires with the guilty party having successfully completed the terms attached to the discharge. That's the case in English Canada and I presume the UK since its pretty much the same system. If you have a conditional discharge and you're still under the time period when for instance you re-offend or are arrested for another charge in Canada, the conviction is going to show up. Its not until the time period is up that the discharge takes place.
The OP never says when the conditional discharge time period is up. If its up at the time of application, then its legally discharged.
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