Discharge, whether conditional or absolute, is evidence of guilt. Even if you have not been convicted of a crime, being discharged can make you inadmissible in many countries including the US. Before moving on to the details of travelling with a discharge, let’s take a look at the types of discharge.
Absolute discharge refers to when you are immediately discharged with no conditions or punishment. This will appear in your background check for a year, after that, the record of absolute discharge will be removed and you can go about your life without any consequences.
Conditional discharge, on the other hand, requires you to fulfil specific conditions. These might include paying a fine, doing some community service or more. Information of this discharge remains on your record for a minimum of three years.
If you are charged with an offence, the wisest way forward would be to hire a reputable and adept lawyer to defend you against complex charges. At Slaferek Law, our lawyers are proficient with all sorts of criminal defence cases and can help you make your way out unhurt.
Entry Into The US
If you are solely concerned about travelling to the US, you will be relieved to know that with a single conditional discharge, absolute discharge, or conviction in one of the following, you can still enjoy entry into the US:
- Simple assault
- Impaired driving (DUI)
- Mischief
- Breach
- Causing a disturbance
However, the authorities at the border can stop you if you have been convicted of or discharged for any of the following crimes:
- Violence
- Sexual Assault
- Moral Turpitude Crimes
- Drug Possession And Distribution
One Offence Exception
Many countries do have a one offence exception. If you have a discharge, conviction or admission of guilt in any one of the following crimes:
- Violence
- Sexual Assault
- Moral Turpitude Crimes
- Drug Possession And Distribution
You will still be allowed to enter. However, we cannot predict how the authorities at border protection will react to your convictions. Hence, the best way to deal with this is to apply for a criminal record suspension .
Fulfilling The Conditions
As mentioned, in the case of a conditional discharge you will be required to fulfil specific conditions. These might include paying a fine, doing some community service or more.
However, fulfilling the conditions does not mean that your record will be suspended. The police will only seal the record once the three-year time period has come to an end. Hence, during this time, you might be denied entry to other countries depending on their policy.
Not Fulfilling The Conditions
If you do not fulfil the conditions of a conditional discharge in the given time, or if you commit another offence in the meantime, you will have to go to court again and the discharge will be cancelled.
After this, you will receive a sentence and a breach of probation. This will then stay on your record unless you apply for a suspension or a pardon. In this case, you can be denied entry into many countries including the US.
It is important to note that although in Canada some laws are legal if the other country deems them unlawful the border officials could deny you entry.
An example of this is the consumption of cannabis. Even if it is purchased and consumed legally in Canada it is a controlled substance according to US federal law, and the USA border is under federal jurisdiction. This means if you admit to using Cannabis, you may be refused to enter the US.
Record Suspension For Absolute Or Conditional Discharge
Since a record suspension is only required in case of a conviction, for an absolute or conditional discharge you do not have to apply for a suspension or a pardon.
How To Deal With Criminal Charges
The best way to handle criminal charges is by immediately seeking legal help from reputable criminal defence lawyers. For years, we have successfully defended our clients against simple assault charges to the most complex ones, including murder and sexual assault offences. Learn more about Slaferek Law and its areas of expertise.
Contact us now for more information.
