Special Questions about shoplifting (In Canada)?
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Special Questions about shoplifting (In Canada)?
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Hi all
I was caught at shoplifting (First time) in New Brunswick, Canada
I receive an "appearance notice issued by a peace officer to a person not yet charged with an offence"
The police said they recommend a pre-charge alternative measures program (no charge been laid) to me
the result is I do not need to go to court, and the charge never been laid. (they said the appearance notice in this way just like a warning paper)
I need to waiting for the phone call from alternative measure coordinator and participate program
I also knew that the recode of alternative measures program will be closed ( non-disclosure) after two years
I understand that there is no criminal record for me
and I am not legally guilty plea and conviction (only take responsibility) if I participated the program
I was not taken any photo and fingerprint at that time.
The question is
1. Since I have not been charged and did not go court, not fingerprint, Do I have any record on CPIC (Canadian police information center), did police will send information(Including
alternative measure program information to CPIC?
(The police told me there is only a local record on police sation,the record is only on local city)
(I heard that the Alternative measures record will entry on CPIC but will automatic destroy after I done alternative measures program successfully, but this story is in alberta, I am in New
Brunswick,there is not much more infromation on New Brunswick,also, In alberta, they have post-charge alternative measures program(people usually got charge first and got charge withdraw
later), this is different between New Brunswick with no formal charge being laid)
2. I am not sure that am I being arrested at that time, If so, Can I destroyed arrest record (maybe just a local record)later. (I knew the arrest record is important in U.S, but seems not
important in Canada, Is that will be a effect?) (I saw a person have same situation just like me, many lawyers asked her to apply the record destroyed, but I am not sure it is a CPIC record
or local record?)
3. there are four level for the security background check, I passed level 1 to 3 (usually report conviction and charge), the level 4 is a local incident check(which also called local police
check), Since I have some record at local, Can I apply to destroy the record.
4. I am suppose to apply permanent resident soon, I will transfer to another city and province for sure, do immigration officer will find out anything in my original local place, even not
charged been laid or information go through CPIC?
If every part of record is being non-disclosure, Can I say "no" to the question "have you ever committed or been arrested, or charged with any offences"
(if the record is being non-disclosure, it is illegal to see, right?)
thanks
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northernhick
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(1) No. A CPIC record is only created when you're charged, fingerprinted, and photographed. When a person is acquitted or the charges are withdrawn, a charged person can seek to have the CPIC record destroyed. Where there's no charge, there's no record to be destroyed.
(2) To the best of my knowledge, the term "arrest record" has no real meaning in Canada. You can be arrested without being charged, but if you aren't charged, nobody except for the local police keep records of that.
(3) With the possible exceptions of minors, I don't think it's possible to have the local police record destroyed.
(4) I don't know if immigration does local police checks.
Never put too much stock in the confidentiality of records. It's a huge oversimplification to say that anything is ever "illegal to see"; there are all sorts of qualifications on confidentiality, and any place that asks you about your criminal record could well ask you to verify it.
If you're asked if you've ever *committed* an offence, obviously the answer is Yes. However, the more normal question to see is this: "Have you ever been convicted of a criminal offence for which you have not received a pardon?" And if you've not been charged, then you certainly haven't been convicted, so the answer would be No. |
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