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Active Professionals claim no responsibility for the accuracy of the information. Application of law can vary drastically according to the facts of a particular case. The Frequently Asked Questions (FAQ) is not meant at all to be a specific legal advice. Much of the information contained in this page is provided for only a starting point. Please use your own judgment. Also visit our “FAQ” pages where you will be able to find more explanation of frequently asked categories.
A Paralegal is a person with formal legal training and/or experience that is not a lawyer. We are allowed to carry out your instructions in areas specifically authorized by provincial and federal regulations. Your right to be assisted by a Paralegal or court agent. The main advantage of using paralegal services is cost. Our fees are in almost every case substantially lower than what is charged by most lawyers. Since we are not yet lawyers, we are not permitted to give legal advice or issue a legal opinion regarding the matters under discussion. However, we can act on your instructions and carry out your wishes in areas where we are allowed.
2. What is uncontested divorce?
An uncontested divorce also known as a desk divorce. If all issues of child custody and access, spousal and child support, and property issues have been agreed between the parties, then most likely it will be an uncontested divorce action. In this case we will provide properly completed documents and will file them with the courts on your behalf. In Alberta these types of divorces can be completed without either party appearing in Court. We can act as a mediator between you and your partner and will try our best to resolve outstanding issues without resorting to a lawyer. In the event I feel the issues can not be resolved, or if the dispute requires legal advice, then we will advise both parties to speak to obtain independent lawyers.
A will is a written document that details how you want your assets distributed after your death or if you become seriously ill and unable to make those decisions of yourself. Ensure your wishes are respected with a properly drafted will. Alberta law sets out the requirements for a valid will. We prepare Last Wills and Living Wills at a fraction of the cost.
4. What is a small claim action?
Small claims actions in Alberta are heard in the civil division of the provincial court of Alberta. This court has jurisdiction over matters: NSF Checks, Landlord & Tenant Issues, Contracts and Accidents. This court can hear matters with a monetary value of up to $25,000 (as of July 2008), which puts most matters arising between individuals within the jurisdiction of the court. They can also determine landlord and tenant issues like orders for possession and arrears for non-payment of rent and damages that exceed the value of the damage deposit.
You do not need to be represented by a lawyer, however, you must still present the essential elements of your case in order to prove your claim or defend a suit in order to prevail at the trial phase.
5. Do you represent in Traffic Court?
We can also assist you with your defense for any traffic court in Calgary or surrounding areas. Our services are also including telephonic consultation where we do not appear
.
6. What is a Canadian Pardon?
A Canadian Pardon is an order by the National Parole Board of Canada that seals your criminal record and removes it from the Canadian Police Information Centre's Computer (CPIC) system. To get a Canadian Pardon you must prove to the National Parole Board that you have maintained a record of good conduct since you were charged with your last offense. Once pardoned criminal record information cannot be obtained without written permission from the Solicitor General of Canada.
7. What is a United Stats Waiver?
Generally, as a first step, we recommend that you complete our free assessment form so that I may determined your eligibility to immigrate to Canada under
the Skilled Worker, Provincial Nomination, Family Sponsorship or
Business categories.
Alternatively, if you feel that you are qualified to immigrate to
Canada and you wish to know more about our services, or would like
Attorney David Cohen to answer your questions, you may contact David Cohen and he will be pleased to respond to you.
8. When can I apply for a Canadian Pardon?
According to the Criminal Records Act you are eligible to apply for a Pardon 3 years after completion of a summary offense, and 5 years after completion of an indictable offense.
9. When can I apply for a Waiver?
You can apply for a waiver at any time. There is no waiting period.
10. I received a letter from Citizenship and Immigration (CIC) stating that my application for permanent residence status (landed status) is being denied because I have a criminal record. What can I do?
It is best to start the process to have your criminal record removed immediately. You should notify Immigration Canada that you are having it removed and the anticipated date of completion. If you need assistance with providing the required documents and time frames to Immigration Canada, contact Active Professionals.
11. I have landed status and now I want to become a Canadian citizen. Will my criminal record affect my citizenship application?
Yes. At the very least, having a criminal record will slow down the process. In many cases, Immigration Canada cannot grant you citizenship if you have a record. At the very worst, your criminal record could get you deported, even though you are a permanent resident and may have been landed for many years.
12. How do I know if I have a criminal record? What if my charges were withdrawn, stayed, dismissed, or I was acquitted?
If you have been charged with a crime, even if you were found not guilty, or were never convicted, you do have a criminal record once you are fingerprinted. A fingerprint number is assigned to your name and date of birth, and will exist until you take steps to have this record cleared.
Also, although you may not have been found guilty or convicted, your will be revealed in criminal record searches. You can usually have your record destroyed if you were not found guilty. However, if you were ever convicted of even one offence then you will require a pardon.
13. My criminal record is from 15 years ago, and I was told that it automatically disappears. Is that true?
No. Criminal convictions are not automatically destroyed or sealed. The individual must take steps and apply to have their record removed.
CPIC is the acronym for Canadian Police Information Centre. CPIC is a computer based police information system located in Ottawa. CPIC records can be accessed by the RCMP and most other Canadian police agencies.
15. What is the difference between a pardon and file destruction?
When a person is found guilty and convicted of an offence they require a pardon. The record, including fingerprints, photographs, and RCMP and court records are then sealed, and never opened unless the individual is subsequently charged with a criminal offence.
File destructions and purges apply to records where an individual was accused, fingerprinted and/or attended criminal court, but not convicted. In the case of file destructions and purges your fingerprints and photographs will be destroyed.
16. I was told that I must wait 5 years before applying to have my criminal record removed. Is this true?
Waiting periods range from 3 months, for withdrawn, dismissed or acquitted charges, one year for absolute discharges, 3 years for conditional discharges and summary convictions, to 5 years for indictable convictions.
For convictions, waiting periods begin to run once the sentence imposed by the court is satisfied. For discharges, waiting periods begin to run from the court date. However, it is a good idea to start collecting the proper documentation as soon as possible so that you can determine your exact eligibility date and acquire all the necessary documentation.
17. If I do not think that I am eligible for a pardon yet, are there any advantages to starting the process now?
Yes. Even if the exact date of eligibility is known, it is important to begin collecting the necessary paperwork as soon as possible because it can take several months. Most documents do not expire, so acquiring them in advance is a good idea. Also, if there are any complications with your file, you will be able to spot them and remedy them well in advance of your eligibility date.
18. How likely am I to be granted a Pardon and who decides?
The National Parole Board (NPB) has exclusive jurisdiction to grant, refuse to grant or to revoke a pardon. However, they will not arbitrarily refuse to grant a pardon. If you have waited the requisite time period (3 or 5 years) after the sentence imposed was completed, and if you have all the proper supporting documents and if you have been of good conduct, the NPB will grant you a pardon.
19. If I apply for a Pardon, will the police come to my home or work?
No. Only in the most extreme cases will the police contact you. The police no longer conduct standard interviews.
20. What happens to my criminal record file after I have been granted a pardon?
A pardon vacates a conviction. The RCMP and all police agencies are notified of the pardon by the NPB. Your criminal record, including RCMP, police and court records, are removed and sealed. These records cannot be disclosed without the permission of the Solicitor General of Canada.
21. What happens if I have a pardon and I get charged again?
According to the Criminal Records Act you are eligible to apply for a Pardon 3 years after completion of a summary offense, and 5 years after completion of an indictable offense.
21. What happens if I have a pardon and I get charged again?
Your pardon can be revoked. If you are convicted of an indictable offence (more serious offence) your pardon ceases and your past convictions will once again be on your criminal record. If you are convicted of a summary offence (less serious), or given a discharge, the NPB may revoke your pardon.
22. If I have more than one conviction, do I need more than one pardon?
No. If the requisite waiting periods have passed for each of your convictions, and if you have met all of the other requirements, you can apply to have all of your convictions pardoned at the same time.
23. Does my employer or landlord have access to my criminal record?
It depends. If you signed an apartment rental application or an employment application, the documents may have contained a statement giving your landlord or employer permission to conduct a criminal record search.
Also, many employers have employment agreements which a new employee must sign before starting their job. Often in these agreements, the employee gives the employer the right to conduct a criminal record check. The applications may ask a simple question such as, "Do you have a criminal record for which a pardon has not been granted?". At the bottom of the application it will state that the person signing gives permission to the employer to verify all statements made. This means that the employer can now verify, through a criminal record check, if you have a criminal record.
24. I was told that I had to undergo a criminal record police clearance before becoming a volunteer. Is this legal?
Yes. Not only is it permitted, it is a legal requirement that volunteers undergo a criminal record check during screening process. If a criminal record exists, the individual may have an opportunity to explain the circumstances surrounding the event, but often will not be accepted as a volunteer.
25. I was told that I could not legally enter the because I have a criminal record. Is this true?
Yes. Unless you are an American citizen, or you have received advanced permission by the U.S.A. Immigration office, it is illegal for you to enter with a criminal record.
26. I was told to apply for a U.S.A. Entry Waiver, even though I haven't been refused entry to USA, should I do?
If you must travel to the before your Canadian criminal record is pardoned or destroyed, you will need to apply for an entry waiver to legally enter. Essentially, you will be admitting and giving details about your criminal record to the federal government.
If it is not necessary to travel to the right away, it is best to remove your Canadian criminal record first. If you have never been stopped at the border it means that they probably do not know about your criminal record. After your record is pardoned or destroyed, the American border officials do not have access to it.
27. I really need to go to the before my pardon will be granted. What are the possible results of my trying to cross the border?
People often pass through U.S.A. Immigration after answering a few standard questions, such as, "where do you live?", "where are you going?" and so on. However, sometimes they will ask for identification and they will conduct an RCMP computer search, which only takes a moment. When they find a criminal record they will download the information into their files. You will then have an FBI and/or INS record.
The first time you are stopped at the border and your criminal record is discovered; you will most likely be detained a short time and refused entry. If you are rude, or the immigration officer feels that you are potentially dangerous, you may be handcuffed and detained for several hours.
28. I was stopped and refused admittance to the once because of my criminal record, but I need to try to get in anyway. What could happen?
If you are caught a second time, you will be treated much more harshly. Under the U.S.A. Immigration Act, immigration officers are permitted to take the vehicle you are traveling in, even if you are not the owner or driver.
If you are traveling by bus, you will be removed and sent back to your country. If you are traveling by airplane, your ticket will be stamped VOID and you will not be able to collect cancellation insurance. It is also common, if stopped a second or third time, to be detained and handcuffed. The experience can be quite devastating.
It is much easier to get caught a second time because the have their own files pertaining to you and your criminal record, which were created the first time you were stopped. Therefore, any search they conduct will reveal this information. If you keep trying to enter the after having been refused entry, you reduce the chances of being granted an entry waiver which would give you permission to legally enter the USA with your criminal record.
29. Can you assist out-of-province and out-of-country Pardon and/or Waiver applications?
Yes, Active Professionals can assist to Canadians living anywhere in the world, as long as the area receives courier or mail deliveries.
30. How long does it take to process a Canadian Pardon application?
At this time, it is taking between 12 to 24 months to obtain a Canadian Pardon, most of which is due to a 10 to 12 month processing time at the National Parole Board for summary offences, and a 18 to 22 month processing time for indictable offenses.
31. Can you rush my Canadian Pardon application, and if so how much more will I have to pay?
It is our policy to process all applications in the least amount of time and in the best possible manner. Unlike other companies, we do not charge extra to rush applications, nor do we make false claims that there is some sure way to get the National Parole Board or any other police or Government agencies to speed up their standard processing times. In very rare circumstances applications can be prioritized if extreme hardship can be proven pending a Pardon.
32. Does a Canadian Pardon allow me to enter the U.S.?
If you have never been denied entry, deported or interviewed by US Customs, and US Customs has never accessed your criminal record via CPIC or APIS prior to you being granted a Pardon, your criminal record will most likely be sealed and they will no longer be able to access it. However, US Customs officials have several ways of finding out if you have ever committed a criminal offense. If you are not properly prepared to answer their wide assortment of questions you could face deportation, property seizures and short-term imprisonment. Our Custom Canadian Pardon removes your criminal record from CPIC and APIS, and includes all the information you need to know to navigate US Customs.
33. Can a Canadian Pardon or Waiver application be denied?
Yes, if you are found to be not of good conduct. However, you may reapply after 1 year.
34. Can my employer find out I have received a Pardon?
No, unless you tell them there is no way for anyone to determine that you have received a Pardon. Note: Persons who have been convicted of crimes of a sexual nature are flagged as being a risk when working in the vulnerable sector, such as working with children or disabled adults.
35. Does a Canadian Pardon have limitations?
Yes. If you have been pardoned for a sexual offense under the Criminal Records Act your record will be kept closed and separate, but your name will be flagged in the Canada National Repository. This means that if you are going to work around vulnerable people such as children, seniors or disabled individuals, you will be required to disclose this information to the employer before doing so.
The National Parole Board of Canada grants or denies Pardons after reviewing each application and its attached documents. In order to be best considered for a Canada Pardon, our staff will gather all the documents required by the National Parole Board and attach them to your Pardon application. Such documents include; a certified criminal record from the RCMP in Ottawa, military records, local police records, court records, and any other legal documents that may be required. Furthermore, our staff will track your application throughout the entire process and provide you updates when any information is received.
36. Does a Waiver have limitations?
Yes. Waivers only allow a person to visit for a few weeks. If you are planning to stay longer there are additional forms that must be notarized and attached to your application.
37. If I have been granted a Canadian Pardon do I still need a Waiver?
That depends on whether or not U.S. Customs officials have ever accessed your criminal record using CPIC or APIS, or via an interview. If your record has not been accessed and you have not been interviewed, we can obtain a Canada Pardon for you that will remove the information from CPIC and APIS. If your criminal record has been accessed via CPIC or APIS or via an interview, the information has most likely been transferred into an FBI data base. If so, a Canada Pardon will not be of any help to you, as Standard Canadian Pardons do not remove that information, nor are they recognized by US Customs officials.
38. What other documents will I need to attach to my Waiver application?
That depends on what you were charged with, how long ago you were charged and why you need to enter the U.S.? Our staff will carefully review your application and explain to you what documents will be requested by U.S. Customs. Attaching the right documents to your application will greatly increase your odds of getting a Waiver and the length of time it will be valid. Our staff will also assist you in drafting and editing any letters that are required and notarize them at no additional cost.
39. How long does it take to process a Waiver application?
Due to delays in acquiring RCMP fingerprint records from Ottawa, Waiver applications now take between 2 to 6 months to complete, and another 6 to 15 months to process due to delays in FBI fingerprint processing. Waiting periods can vary based on which U.S. Customs and Border Protection office processes your application.
40. Do all criminal convictions ban me from entering the U.S?
No. People who have been charged with Driving under the Influence (DUI) are allowed to enter the, as long as no other charges appear on their record. However, this could change at any time.
41. If my charge was withdrawn or suspended, do I still need a Waiver?
No, however you will need to show court documents that verify this. To order court documents please submit an application.
42. Can you track my applications after submission?
No, once a completed application is submitted to U.S. Customs or Homeland Security office we can only request an update on the file. Due to the volume of requests these offices receive, rarely will they respond to a request until at least 6 months have passed after receiving the application.
43. How long the permission granted?
First time US Waiver applications that involve multiple offenses committed less than 10 years ago are usually only granted for 1-year. U.S. Customs grants or denies Waivers after reviewing each application and its attached documents; which include a recent and complete RCMP certified criminal record and fingerprints, a complete US Waiver application including accurate biographical information, a certified criminal record from the FBI verified by fingerprint comparison, and any other legal or general documents that may be required. Our staff gathers all the necessary information; criminal record, military records, court records, fingerprints, reference letters, etc., and submits the application along with a personalized cover letter, in order for clients to be best considered for a US Waiver. We endeavor to get the maximum 5-year Waiver for every client, every time. However, we make no guarantees regarding any time periods.
44. Where can I find more information about your Paralegal Services?
Contact Active Professionals at 403-590-3818.
45. Are you a Law Firm and do you Provide Legal Advice?
NO, Active Professionals does not offer any legal advice nor is it entitled to practice law in accordance with Sections 106 and 107 of the Legal Profession Act, R.S.A. 2000, c. L -8. There is no one a Barrister and Solicitor (Member of Law Society of Alberta) at present.
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For Peace of Mind Call:
1-403-590-3818
ACTIVE PROFESSIONALS
Suite 200, 2705 Centre St. NW
Calgary, AB T2E 2V5 Canada
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