Legal Question in Immigration Law in Connecticut

Evidence of Icriminal record

Context and background:

This is the case of a 33 yr. old canadian citizen applying for a US permanent residency status after accepting a job in Hartford, Connecticut.

This man was convicted for impared driving 12 years ago in Canada. But one year after his conviction, his criminal record was erased in Canada after a free pardon was granted by the Canadian Governor in Council.

According to Canadian criminal code, that person was ''deemed thereafter never to have committed the offence in respect of which the pardon is granted''.

Questions:

(1) Is there a way to verify if there is any reference to the existance of that 1988-1989 canadian criminal record for this particular person within the data bases normally used by US Immigration officers examining applications for a Green Card?

(2) If so, how could this person proceed and how fast could this be done?

Thank you.


Asked on 3/11/01, 12:44 pm

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

Re: Evidence of criminal record

I have never actually heard of a free pardon being granted in Canada under the Criminal Code for this type of offence. In Canada, two types of pardons exist, one is a conditional pardon, the other is a free pardon under the Criminal Code. A conditional pardon does not erase the conviction.

Although for US immigration purposes, there is a specific provision excluding pardons from consideration, it is arguable that a free pardon is the equivalent to an acquittal granted on appeal. Such an acquittal wipes out the original conviction. See my articles at www.golishlaw.com/crimlawt/pardon.htm and www.golishlaw.com/crimlawt/usinaddm.htm.

In any event, a simple charge of impaired driving in Canada is not a crime of moral turpitude and a person is not inadmissible to the US for that reason.

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Answered on 6/08/01, 5:11 pm


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