I'm appologizing in advance!!

Ok after 5 MONTHS of waiting, we finally got the results back from the fingerprint check at the RCMP.

I thought that the criminal record would have any infraction of the law on there, but it doesn't.

I'm really confused because it only has my husband's DUI (2000) on there, with the disposition.

He went to court for driving while prohibited in 1999, but that is not on there??! what the heck?!
He also had got an open container ticket (didn't go to court).

Please tell me we have the right one. Maybe they changed everything over to computer in 2000?! I would like to know if anyone has received their fingerprint check back with convictions occuring before the year 2000. Did ya'll have to do anything separate to get that info?

On the DS-230, do we have to disclose the information that was not found on the criminal check?

Thanks in advance.


On the first page it says:

Dear Sir/Madame:

This certifies that a search of the National Criminal Records repository maintained by the RCMP using the fingerprints dated 2007-09-18 submitted under the name and date of birth of the subject indicated below has resulted ina POSITIVE IDENTIFICATION to fingerprints registered under the criminal FPS Number (numbers).

The attached contains criminal record information that is releasable in accordance with Federal Laws.

Application Type: Visa/Border Crossing/ Foreign Travel/Word
Date of Fingerprints: 2007-09-18

Personal info

At the bottom, his fingerprints

2ND PAGE:

CRIMINAL CONVICTIONS CONDITIONAL AND ABSOLUTE DISCHARGES AND RELATED INFORMATOIN

Date and Place of Disposition Charge DISPOSITION
2000-03-07 Driving with more that 80 MGS $600 I-D 12 Days
(Location) of alcohol in blood sec 253( CC & PROH DRI 1 YR

That's ALL!?

if thats what you got back form the fingerprint check you are good to go.

On DS-230 you must report all crimes of any sort that DH was with charged, arrested or convicted of in question 31. Drunk driving is not a crime of moral turpitude so for question 30b you probably should check off NO. For absolute or conditional discharges that were granted after the change in the Criminal Code of Canada in 1992, a record will be purged after one year (absolute discharge) or three years (conditional discharge). The records always exist but are just not seen on a CPIC check. This is why DH's driving while prohibited wasn't found. You must report all such charges and/or convictions. It doesn't appear from my research that driving with an open container ((only a ticket (provincial offences act offence) and not an arrest), driving under the influence (over 80 or exceed charge) and driving with a suspended license are crimes of moral turpitude. The US has full access to the CPIC and does not destroy their copy of the record. To get those old records, you'll need to go to the court and request them from archives or get a letter stating that they no longer exist. A ticket does not require disclosure on your part so you only need to declare the exceed and suspended license charges. You should try to get the court records for both.

Yes, only criminal convictions will appear, offences, which driving while suspended falls under (Motor Vehicle Act) will not appear or offences under the Liquor Control Act.

Dale

There are lots of offences that were never fingerprinted for, and thus are not on the CPIC. I had clients with several sexual offences that never were fingerprinted, and thus it doesn't appear on their record. It always amazed me that Consulates would request a Canada-wide check. Obviously they don't know about this flaw. If you ever had a local "hit" done, you'd see it on there. Sometimes it takes months and months for it to appear on a CPIC as well.

Anyway, MT or not, you have to disclose convictions. Just disclose them, get the police reports, and you should be okay.

Carla

Absolutely. The local police and courts need to enter the info and then it needs to be transmitted and compiled. It takes forever, if they even bother to do it. Bad news is, once it's in the US system, it never goes away. POA crap (like speeding, driving open container, etc.) have no relevance to the USCIS. KC, looks like things are progressing nicely, so far so good....