Questions about criminal law

[BadAim]

I have a friend who is currently 24 years of age. She was caught shoplifting when she was 18 or 19 (I believe it's 19). She was charged with theft under $5000.00, and was told to go to court. When she went, she was told that her matter was not listed and I think the clerks told her that someone would contact her about it, but no one ever contacted her. Prior to going to court, she was also scheduled to do her prints, and when she went the police didn't really seem to have her on the schedule.

Anyways, she went to the States with me last year and the U.S. customs questioned her about this incident. Apparently, they can see it on the record even tho she never went to court for it. They let her cross the border, but since then she's been afraid to try to cross the border again.

Her question is... does this show up on a criminal record search (lets say it's req. for a job she's applying to)... and how serious is it? Also, does she need to worry about not being able to cross the border? She's planning to go to Dominican soon.

[cwb27]

US Customs/Immigration has CPIC access, so yes, it would seem her record is in the database.

[Shaner]

Yes, it will show up if a query is run on CPIC.
It's not serious as far as criminal charges go, but having a record is a serious matter.

Going to Dominican won't be a problem. Going to the US will usually be a problem and she'll likely be turned away.

[BadAim]

but how can this be a record if she didn't get convicted?

[CSK'sMom]

Because it's an arrest, conviction doesn't matter. We heard an American BSO tonight with someone in the car next to us. He could obviously see the arrest and he repeatedly questioned the person and finally decided to let them cross. He also warned the person that he didn't have to and he could turn them back and deny them entry.

[king_george]

but how can this be a record if she didn't get convicted?

Because her case was never removed from the system. Even after the clerical screwups there will still be information about it in the database. It doesn't say convicted apparently because she never was. It's not a criminal record per se, but it IS a record of criminal activity and a current status.

Best get cracking and find out what information is in there and how she can get rid of it if possible. It might be time to hire a lawyer.

ETA: Dagnabit..beaten to the punch...

[aimfox]

I saw at some TTC bus shelters, there some advertisements like "Erase your criminal records for $500 each!" is this true? How does that work?

[Ebola]

Police reports about incidents go into CPIC as well.

For example in this case, arrest was made and charges filed presumabley.. then something magical happened.

[cwb27]

I saw at some TTC bus shelters, there some advertisements like "Erase your criminal records for $500 each!" is this true? How does that work?

Most likely a thru a pardon, you pay this place $500 and they do all the leg work (not sure how much is involved).

I believe there is also a waiting period after you're convicted before you can apply for one? Anyone feel free to jump in here! :)

I'm pretty sure that you can't walk out court one day and apply for a pardon the next.

[Shaner]

Most likely a thru a pardon, you pay this place $500 and they do all the leg work (not sure how much is involved).

I believe there is also a waiting period after you're convicted before you can apply for one? Anyone feel free to jump in here! :)

I'm pretty sure that you can't walk out court one day and apply for a pardon the next.

3 years for summary conviction (pretty much guaranteed to get it)
5 years for indictable (there's a criteria that must be met in this case, pardons are not automatic by any means)

By the way, the waiting period starts after the sentence has been completed.

[CheapScotsman]

The pardon stuff is great but according to the OP, the friend wasn't convicted ... and as indicated in the threads above, there is just "some info" in CPIC that the US border guys (and probably others) can see.

For a DIY, how does somebody go about finding out WHAT is in CPIC on themselves and, if it is wrong, how do we get it corrected?

[Shaner]

The pardon stuff is great but according to the OP, the friend wasn't convicted ... and as indicated in the threads above, there is just "some info" in CPIC that the US border guys (and probably others) can see.

For a DIY, how does somebody go about finding out WHAT is in CPIC on themselves and, if it is wrong, how do we get it corrected?

The OP can call one of the pardon services around and they will have all relevant information removed. One of those services that I know of is F.I.P.S.
I don't know their website or phone number, but I'm sure it can't be hard to find.

That would be the quickest and easiest way to do it.

The other way is to petition the involved Police Service to destroy (yes, destroy, not seal) all relevant information that is no longer needed. The OP will also need to petition the RCMP to do the same thing. They should notify you in writing once this is completed. It will take a long time though, possibly up to a year before it gets done.

It's much simpler to have the professionals do it, because lets face it, Police Services are run by bureaucrats and we all know how painful a process that can be.

[BadAim]

Thanks for all the replies! I spoke to my friend this morning about all your posts. She's concerned that if she tries to get this stuff cleared from her record, prints and mugshots destroyed, etc, the police will bring her to court again. I guess basically she's just afraid of facing this and possibly get convicted, when it's already been 5 or so years ago. What's the possiblity that this will happen? I told her that in my opinion, since it was so long ago, they probably won't bring this to court, and she's been a good girl since then anyways, hasn't gotten in trouble with the law since, so she shouldn't be too worried, I think.

[Shaner]

Thanks for all the replies! I spoke to my friend this morning about all your posts. She's concerned that if she tries to get this stuff cleared from her record, prints and mugshots destroyed, etc, the police will bring her to court again. I guess basically she's just afraid of facing this and possibly get convicted, when it's already been 5 or so years ago. What's the possiblity that this will happen? I told her that in my opinion, since it was so long ago, they probably won't bring this to court, and she's been a good girl since then anyways, hasn't gotten in trouble with the law since, so she shouldn't be too worried, I think.

There's something missing from this story. The courts don't just let people miss their court dates and then forget all about the charges. If so, everyone would be doing it. Either your friend wasn't criminally charged, or the charged were withdrawn, or she was convicted and doesn't even realize it. Hell, there could even be a bench warrant out for her arrest that the police didn't bother following up on. The courts don't just forget to try a case because the accused didn't show up.

Either way, unless she has a bench warrant out for her arrest (very unlikely), there's nothing the police or courts can do about it now. People have the right to be tried in a timely manner, which your friend wouldn't be. Tell her there's absolutely nothing to worry about and to go ahead and get the documents destroyed.

[BadAim]

how could it be possible she got convicted and not known about it? she would have received a judgment or something isn't that correct? So strange...

[Ebola]

I'm betting on the charges having been withdrawn.

Either that or she was just arrested, then released and has been crapping her pants about nothing ever since.

[BadAim]

well she wasn't physically arrested but the cops came and talked to her, gave her a ticket which i guess stated that she is charged with theft under $5,000.00, that she had to attend on XX date at the station to do her prints and shots and that she had to attend at court on XX day. But, if the charges were withdrawn, then wouldn't she have received something in the mail stating that?

The customs officer asked her what happened during that incident, and she told him (what I told you in my first post) and he said that next time she attempts to cross the border, she should bring her Judgment (or something like that) to show what happened. Thing is, she didn't receive any Judgment.

[weedb0y]

no, they dont mail out this as 99% of em are dealt by lawyers