In a previous blog post, we explained what discharges are and the differences between conditional and absolute discharges. But that is not the only important thing to know about discharges.
In Canada, it’s important to understand that a discharge should not be mistaken for a criminal conviction. Rather, it serves as a sentencing measure that enables an offender to avoid acquiring a criminal record, even after being found guilty of a criminal offence.
However, it’s crucial to note that a discharge does not completely erase all traces of the incident from your record. Instead, it will remain on criminal record checks for a specific duration. For those granted a conditional discharge, it typically appears on record checks for three years, whereas an absolute discharge may be visible for one year.
It is worth mentioning, though, that even after this period expires, certain enhanced record checks may still reveal that you were charged and discharged for an offence. To entirely eliminate any record of charges and discharges, obtaining a criminal pardon is necessary.
Implications for Travel to the United States
While a discharge does not equate to a criminal conviction, it can still impact your ability to travel, depending on the nature of the offence committed and the type of discharge received.
Generally, individuals who have received a conditional discharge for relatively minor offences such as mischief, simple assault, or impaired driving should not expect significant obstacles when travelling to the U.S.
However, if the conditional discharge is associated with a more serious offence like crimes involving malicious intent or drug offences, without a Waiver of Inadmissibility, it may be difficult to enter the United States. Examples of crimes that are of malicious intent include offences such as assault with a weapon, theft, fraud, burglary, and prostitution, all of which can render an individual inadmissible to the United States.
If approved for a Waiver of Inadmissibility, it will grant temporary admission to the country, despite the individual’s criminal record or discharge history. However, it is essential to bear in mind that there is an associated application fee, and the application process itself can be time-consuming.
If you need to travel to the United States and possess a conditional discharge, don’t hesitate to contact our office. We can assist you in determining whether obtaining a Waiver of Inadmissibility is necessary and guide you through the application process if required.
Unlike a conditional discharge, an absolute discharge is not considered a conviction in the United States, so if you have been absolutely discharged from your offences, your ability to travel to the United States may not be a problem.