If you are refused entry to USA, you will need to remove a criminal record Canada. The Consulate does not process the cancellation of the criminal record, it only makes the certified photocopy of the identity document and sends the request for delegation.
What is it?
All individuals convicted by a final judgment that has extinguished their criminal responsibility, have the right to obtain from the Ministry of Justice the cancellation of their criminal record within the time limits set by law.
The criminal record Canada is the note of conviction, so their cancellation affects the set of penalties imposed in a final judgment and not each of the individual penalties.
Necessary requirements to cancel required by law:
To cancel the criminal record:
– Not have committed a crime again during the following periods:
– 6 months for light penalties.
– 2 years for penalties not exceeding 12 months and those imposed for reckless crimes.
– 3 years for the remaining less serious penalties of less than 3 years.
– 5 years for the remaining less serious penalties equal to or greater than 3 years.
Who can request or present it?
Once the requirements of the Law have been met, applicants must complete an application form in which, necessarily, they must state the following information:
Name and surname, affiliation, locality, province, and date of birth, a document proving your identity and address, mobile phone number or email address you wish for notification purposes.
In order to expedite the resolution, it is convenient to attach to the request a certificate of compliance with penalties, issued by the competent court or tribunal.
Accreditation of the identity of the applicant:
The Penal Code establishes that the criminal record inscriptions “will not be public”, so the applicant holding the records whose cancellation is intended must prove their identity with the corresponding documentation in force, which can be done by personification, by mail or through a duly accredited representative.
If the interested party acts through a representative, he must also prove his identity, documenting the representation by means of a power of attorney. A declaration in the personal appearance of the interested party, or any other means sufficient by law that leaves a reliable record of such representation.