Michael Ashby

Discussing the Concerns of the Canadian Pardon and US Entry Waiver Industry in Canada

President of National Pardon

Archive for the ‘Canadian Pardons’ Category

Holiday Time at the Border

January 4th, 2010 Filed in Border Crossing, Canadian Pardons, US Waiver, US entry waiver by Michael Ashby

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January is always a busy time of year for us here at the National Pardon Centre. There are many reasons for this but one of the main reasons is that people tend to travel over the holidays. And whenever people are travelling (to American at least) the the ones with the criminal records are going to find themselves in trouble.

Unfortunately what tends to happen is that people try crossing the border for the holiday season. They are quickly rejected by a border guard doing his job and, come January, when people realize that a Canadian Pardon or US entry waiver is important, they call us.

I always tell people to stay away from the border until things are taken care of but the fact is a lot of people just aren’t aware that an old criminal record is a problem. The other thing is that a lot of people are able to travel to the States without getting caught, creating a false sense of security. And finally, a lot of people (all of us as matter of fact) have a tendency to wait until things like this catch up with us before we decide to finally take care of it.

If you have a criminal record you need to have it taken care of regardless of what may or may not have happened at the border. Even if the criminal record is not affecting your life, there is a good chance that it will in the future. But don’t wait until your holidays are ruined to finally make the decision to clear things up. Give us a call at the National Pardon Centre. We can help make sure your past is not going to come back to haunt you.

 If you have any questions relating to Criminal Records, Canadian Pardons or US Entry Waivers please feel free to email me directly at mashby@nationalpardon.org.

Happy New Year to Everyone.

Michael

 

DUI, Drunk Driving, Driving While Intoxicated, Etc.

November 3rd, 2009 Filed in Canadian Pardons, DUI, criminal record by Michael Ashby

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There are many names for the most commonly pardoned criminal conviction in Canada. The chances are good that you will be familiar with at least one or two of them. But whatever you want to call it the charge is the same and it involves operation of a motor vehicle while intoxiced by alcohol or drugs or whatever. It could even just be cough medicine because the bottom line is that if you are driving under the influence of anything you are breaking the law.

Unfortunately society took a long time to learn its lesson on this one and the truth is that we are still learning it based on the number of annual criminal convictions in Canada. But thanks to the efforts of police, government and even NGO groups like MADD, drunk driving is now about as socially acceptable as kicking puppies into traffic. It’s just not ok.

So why do so many people still drink and drive or drive under the influence? I think what has happened is that the legal limit for alcohol intoxication is so low that it is nearly impossible to have anything to drink at all without being above the legally acceptable blood acohol level. And this is probably a good thing. But I would guess that many people out there still feel that a couple of drinks will not render them unable to drive a car safely. And there is the problem. You may not feel drunk. You may not feel intoxicted. And you may even feel that you are completely ok to drive safely. But in the eyes of the law if your blood alcohol limit is elevated you are breaking the law and there is no discussion period, except of course in front of a judge at a later date.

 In Canada the law is as follows for blood alcohol limits: 0.05% is a 24-hour suspension and a fine, 0.08% is a D.U.I. charge.

But I think the best guideline for drinking and driving is this: If you drink anything at all don’t drive! It is the only way to be sure you are not putting yourself and others at risk

If you have been convicted of a DUI charge you will want to consider getting a pardon ASAP. Contact the National Pardon Centre. We can help!

My Canadian Pardon: If someone asks, should I tell?

October 14th, 2009 Filed in Canadian Pardons, Criminal Records, Employment, National Pardon Centre, criminal record by Michael Ashby

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A lot of my clients ask if they are required to tell people about their pardon if asked. This usually applies to things like job applications and the US border. I have discussed the US border in length on this blog so for the purpose of this article I will just discuss how this situation affects things here in Canada, particularly in relation to job applications. The truth is that there is no correct answer but hopefully some of the following information will be of help.

11. When asked if I have a criminal record after obtaining a pardon, what should I say?
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You cannot deny the fact that you were once convicted of an offence. However, you may choose to disclose that you have obtained a pardon, which is proof you are a law-abiding citizen. The correct response would be: “Yes, I have been convicted of a criminal offence for which I have been pardoned.”

That answer does beg the following question though: If I choose NOT to tell about my pardon, then what happens? The best answer I can give is that nothing happens at all (there are some exceptions with certain job application that require extensive security clearance but you would be giving your permission in advance for a more extensive search to be done anyway. For the average old job app’ there is not much to worry about).

In the case of a job application if you lie to your employer and he/she finds out, then that would be grounds for dismissal. But I am fairly certain that if you admit you have a criminal record, then you are not getting the job anyway. It is your call. You be the judge.

You should be aware that there is really no straight answer to this question and there is certainly nothing written down in the law books. If you lie about having been convicted of a crime there is no legal penalty that I have ever heard of. So if the Parole Board says you cannot deny that you have been convicted, you might want to ask yourself “why not”?

The Canadian Human Rights Commission states the following in relation to pardoned criminal convictions:

Discrimination and Harassment
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Section 25 of the Act defines this ground as a conviction for which a pardon has been granted by any authority under law.
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Once a pardon has been granted, differential treatment because of a conviction for that crime is prohibited. People who have been pardoned of conviction of an offence deserve the same chance as everyone else to make the most of life.

I think it is nice that the Human Rights Commission makes the above statement but the problem is that we all know that human nature is not so forgiving. In a job interview if it comes down to you and another person and you are the one with the criminal record, we all know who is getting the job. I may disagree with the National Parole Board on this one but if I had a pardon for an old criminal conviction I would certainly just say NO when asked if I have ever been arrested. Since no one can find out anyway, why would I disclose my pardon?

Please keep in mind that this is not legal advice. This post is just my understanding of the system and some of my own judgment. In the end you need to evaluate each situation you are in and decide for yourself whether or not you must disclose your pardon.

When it comes to pardoned Canadian criminal records, I am afraid there are few straight-forward answers.

Russian Search Results :: Yandex

September 9th, 2009 Filed in Canadian Pardons, National Pardon Centre, Pardon and Waiver service, pardon by Michael Ashby

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I was reading an article the other day about how the Russian search engine Yandex is gaining in popularity. Of course it will never rival google for any of us here in the English speaking world but nonetheless I couldn’t resist searching “National Pardon Centre” just to see what popped up. Well here you are. The best I could get was an image result of our old logo.

I am not sure if this post has any value whatsoever in the world of pardons but I still like the idea of our website floating around in Russian cyberspace. So if you speak Russian and have a criminal record in Canada we will do our best to help you out. But your application for a Canadian pardon or US entry waiver will have to be done in French or English.

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