# Military charges with relation to cpic and travelling...



## Kosan1 (13 Sep 2009)

A couple months ago i was charged with drunkeness under the NDA and had to pay a fine of 50 dollars. I am travelling to the U.S. and Thailand for lesisure soon and i was wondering if they do a criminal record check through cpic whether this charge will show up. I was also wondering if I have a criminal record civi-side whether i have to admiot it? Thanks for your time


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## Occam (13 Sep 2009)

Kosan1 said:
			
		

> A couple months ago i was charged with drunkeness under the NDA and had to pay a fine of 50 dollars. I am travelling to the U.S. and Thailand for lesisure soon and i was wondering if they do a criminal record check through cpic whether this charge will show up.



I don't know the answer to this one, but I have to admit I'm curious as to the answer.  My gut feeling is "no", as it's a minor punishment.



> I was also wondering if I have a criminal record civi-side whether i have to admiot it? Thanks for your time



This one is cut and dry.  If you have a conviction under the Criminal Code of Canada, you do have to admit it, and I suspect you would get flagged as soon as you tried to enter the US or another country.  

If there is an absolute or conditional discharge, or were convicted summarily, that may shorten the five year waiting period before you may apply for a pardon.


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## medaid (13 Sep 2009)

1) No.

2) You will be denied entry if you have a criminal record. If you have a pardon that's not a guarantee that you'll be let in.


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## George Wallace (13 Sep 2009)

If you were charged, go to court and have a Criminal Record; you are required to admit it in your enrolment docs.  If not, then when they verify your statements and find that you lied, then your application is terminated.

Depending on what you have on your Criminal Record, an assessment will be made and a decision made whether or not to accept your application.


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## Bruce Monkhouse (13 Sep 2009)

George, he apperars to be already in and says he got charged under the NDA.


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## George Wallace (13 Sep 2009)

I noticed that, but his whole post seems so out to lunch.

Whatever the case, he is required to inform the CF as to the particulars.


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## Kat Stevens (13 Sep 2009)

You were charged under the NDA, not the CCC.  You don't have a criminal record, you have an entry on your conduct sheet.  Go forth, and sin no more.


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## MP 811 (14 Sep 2009)

Kat Stevens said:
			
		

> You were charged under the NDA, not the CCC.  You don't have a criminal record, you have an entry on your conduct sheet.  Go forth, and sin no more.



correct............charges under the NDA is internal discipline, your in trouble if charges go by CCC.


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## Kosan1 (14 Sep 2009)

Yes i guess that was wordered badly. No i do not have a charge under the canadian criminal code just the one under the nda. What i meant was that if i ever leave the military and apply for a civilian job and they ask me if i have a record, whether i have to admit the drunkeness charge under the nda. And if some of you were confused yes i am in the army and have been for some time.


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## George Wallace (14 Sep 2009)

It will depend on what you apply for.  You will have your Conduct Sheet reviewed by various organizations while in the Military, such as those conducting Security Clearances.  If you ever get Charged on Civie Street, and later go for a Pardon, they will request a copy of your Conduct Sheet in the process.  After the Military you may find that for some Civilian jobs with the Government, they may also ask for a copy of your Conduct Sheet (perhaps if applying to the RCMP, etc.).  Most Charges under the NDA quite often are not reflected in Civie Street.  If the offence is serious enough, however, you will be Charged under Civilian Laws and remanded to Civilian Court and Justice System.


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## J.J (14 Sep 2009)

> A couple months ago i was charged with drunkeness under the NDA and had to pay a fine of 50 dollars. I am travelling to the U.S. and Thailand for lesisure soon and i was wondering if they do a criminal record check through cpic whether this charge will show up.



Not everyone who has a criminal record is automatically refused entry into the US (Thailand I know nothing about).
The US will refuse you entry if the offense was a violation of "Moral Turpitude", also it does not have to be a conviction, you just have to admit to committing it...ie using drugs in your youth. That will get you bounced from the US.


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## garb811 (15 Sep 2009)

Kosan1:  In your case it probably isn't a problem.

For those who still believe that being charged under the NDA leaves you free and clear of a Criminal record no matter what, this is no longer true.  In 2002 there were updates to the NDA which allows certain charges and/or convictions to be published on CPIC which results in the equivalent of a criminal charge/conviction being registered:

Identification of Accused Persons and Offenders.


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## Kat Stevens (15 Sep 2009)

Yes, but I believe that applies to court martial offences.  You would have pretty hard time upholding a $50 fine from an orders parade in front of a rifle company OC as a criminal conviction.


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