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Does a DUI expungement in California relieve me from disclosing the DUI record when entering Canada?
San Francisco, CA
Viewed 111 times.
Posted about 1 month ago in DUI / DWI
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Offense was committed 3 years ago, and probation is just ending, so its at least another 5 years before qualifying for the Canadian Rehab program for entry.
Answers (3)Brian C Andritch
This attorney is licensed in California.
Posted about 1 month ago.
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UInfortunately an expungement does not completely remove a conviction from your criminal record. For instance, if you commit another DUI offense it would be considered a second offense regardless of an expungement. If a law enforcement officer ran your criminal history they would also be informed of your prior DUI.
The Canadian laws regarding inadmissibility for a DUI are nothing new, what is relatively new is the boarder agents ability instantly access your criminal record. The border agents now have access to the same databases that law enforcement does. Aren't computers great. It appears you've done some research regarding this issue, and as you stated in your question at least 5 years needs to pass before you can apply for Rehabilitation with the Canadian governemnt. There is an option available to you, a Temporary Resident Permit. This is not a quick process though. It takes at least six months, but a year is more realistic. Amy Treanor Morell
This attorney is licensed in California.
Posted about 1 month ago.
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My understanding is that you may be able to post a bond to gain admission to Canada. You should contact the Canadian Consulate.
Donald Guy Sowers
This attorney is licensed in California.
Posted about 1 month ago.
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While you refer to an "expungement" in your question, you do not indicate if you have taken the steps necessary to actulaly obatain an expungement.
If you have fulfilled all the requirements of your sentence or probation, talk to an expungement lawyer about clearing your misdemeanor public record. For misdemeanors and some felonies, you can ask for an expungement as early as one year after the date of sentence or completion of probation. But this is rarely granted. Usually, you must complete your entire probationary period. However, if you have unusual circumstances, such as the need for frequent overseas travel, then the judge may terminate probation early and grant an expungement. At Takakjian, Sowers & Sitkoff LLP, our criminal defense firm has also handled cases where someone was on probation and wished to enter the military or a new job would require a backgroung check and all of the probation requirements were met with the exception of the time of probation being completed. In those cases the judge is also more willing to terminate probation early and grant an expungement. What is an Expungement? Under section 1203.4 of the California Penal Code, a convicted defendant "may be reinstated as a law-abiding member of society" if he or she complies with the requirements of his or her probation and he or she is not currently serving a sentence or on probation for any other offense or charged with the commission of any other offense. Section 1203.4, subdivision (a) reads in pertinent part: "In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of probation . . . the defendant shall, at any time after the termination of the period of probation, . . . be permitted by the court to withdraw his or her plea of guilty . . . and enter a plea of not guilty; . . . and, . . . the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted . . . ." As former deputy district attorneys at Takakjian, Sowers & Sitkoff LLP, our criminal defense firm has handled many petitions for expungement. You should consider talking an expungement lawyer about clearing your public criminal record. |