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Credit/Criminal Record question...

soulful

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Hey there. I just joined, and must ask:

A) I now have a pardon, but also have just over 3 years remaining in a weapon prohibition from a summary conviction (utter threats, from being a hothead in my very early 20's and responding to a threat with a threat over the phone years ago, where the 3rd person listening in was all it took to get me convicted) HOWEVER, the judge who gave me the ban also ruled in 2002 that for joining the Cdn. Forces, he would "not oppose" having the ban lifted. I now have a pardon as mentioned, and 5 additional years have passed. I never did go through with joining at the time, but would now like to join the reserves (infantry). Since I have the judge's OK and no criminal record now, would anyone know my chances of being recruited?

B) Credit-wise, I have only 1 negative spot on my bureau - a $230 overdraft owing to Royal Bank from 5 years ago! It will erase this November from my credit report. I heard that if I pay it now, it will be on my bureau 6 more years? (Restart the statute so to speak, since there's an updated payment).

- I assume I MUST have something worked out payment-wise or I will be denied entry to the reserves.

Can anyone shed some insight here? I have become a model citizen since past mistakes, volunteer, and am incredibly positive in mindset. I will never give up on chasing my dreams.

Thanks
 
soulful said:
A) I now have a pardon, but also have just over 3 years remaining in a weapon prohibition from a summary conviction (utter threats, from being a hothead in my very early 20's and responding to a threat with a threat over the phone years ago, where the 3rd person listening in was all it took to get me convicted) HOWEVER, the judge who gave me the ban also ruled in 2002 that for joining the Cdn. Forces, he would "not oppose" having the ban lifted. I now have a pardon as mentioned, and 5 additional years have passed. I never did go through with joining at the time, but would now like to join the reserves (infantry). Since I have the judge's OK and no criminal record now, would anyone know my chances of being recruited?

I'm not a lawyer, but from the way you describe it, it shouldn't be too difficult to make application to the courts to have the weapons prohibition lifted, so that you can make a "clean" application to the CF.  The courts should be able to point you in the right direction as to how to initiate the proceedings.  I'd start with a quick search of the court websites for the province you reside in - if they're like Nova Scotia, there are many self-help pages to help you keep legal costs down.

B) Credit-wise, I have only 1 negative spot on my bureau - a $230 overdraft owing to Royal Bank from 5 years ago! It will erase this November from my credit report. I heard that if I pay it now, it will be on my bureau 6 more years? (Restart the statute so to speak, since there's an updated payment).

I think you're right - however, if you want a concrete answer, I'd ask someone that deals with these issues on a daily basis, like a trustee in bankruptcy.  They'd know the rules as they pertain to your province, and the answer is probably as simple as a phone call.

- I assume I MUST have something worked out payment-wise or I will be denied entry to the reserves.

That's a safe bet.
 
The judge ALREADY ruled that he didn't oppose the ban being lifted back in 2002, so why would I need to go before him again? (I have the official document he signed, so I should only have to supply that to the forces recruiters I assume).

On my TransUnion report, the bank debt is listed as $0 owing, and as "written off" whereas the amount is still on the Equifax report. I assume I should still pay, but I don't want to screw myself here. After all, integrity involves paying one's dues (6 years with bruised credit) but being smart after too I would suggest... ;) (As in why the hell would the forces want me to potentially further damage my credit as long as any other loans I have are in PERFECT standing, which every one I have is).

I'll make a call to be sure like you mentioned. Thanks.
 
Maybe I'm misunderstanding this.  The judge didn't oppose lifting it, but didn't lift it?  So, that means the ban is still in place?  Better get it lifted.  Until it is, you have legal obligations.
As for your debt.  Pay it off. 
 
He DID allow it to be lifted by not opposing the request, you see. That's just how he worded it.

IN ESSENCE - The document is an official Ministry of Ontario Corrections Application for "Termination" of a prohibition order. The judge ok'd it by not opposing it. My probation officer at the time sent it in with his support to have the ban lifted, and the judge replied. I also have the probation officer to back me up in case the CF have any questions fortunately due to the wording of it.The crown also said "The crown does not oppose the request" and signed it, so I know it is a yes. It cannot be lifted any other way, and it is only while I'd be with the CF. Otherwise, as a civilian I have to wait until it purges in 3.5 yrs. to pursue armoured car employment.

I know, damn wording  ::)
 
soulful said:
A) I now have a pardon, but also have just over 3 years remaining in a weapon prohibition from a summary conviction

Do you have 3 years remaining or not?
 
soulful said:
The judge ALREADY ruled that he didn't oppose the ban being lifted back in 2002, so why would I need to go before him again? (I have the official document he signed, so I should only have to supply that to the forces recruiters I assume).

If it's been lifted, then it's a non-issue - especially if you have a pardon for the offence.  If it hasn't been lifted, then you should probably try to get it lifted prior to applying, which shouldn't be a problem if the judge indicated that he wouldn't oppose it.

On my TransUnion report, the bank debt is listed as $0 owing, and as "written off" whereas the amount is still on the Equifax report. I assume I should still pay, but I don't want to screw myself here. After all, integrity involves paying one's dues and being smart too I would suggest)

I'll make a call to be sure like you mentioned. Thanks.

I think that extra information you provided will make all the difference.  If it's been written off, then there's no collection action ongoing and the entry on your credit report will be removed six years after the last activity on the account, which should have been the write-off.  Confirm it just to be sure, though.  Do not pay it off unless you've consulted a trustee or someone else in the know, or you may inadvertently start that six year clock again.
 
3.5 years actually. But the judge said it's ok for the CF obviously...

The judge is the one who rules whether to lift it or not, so you decide...And yes, I now have the pardon too.

I suppose it's ultimately up to recruiting. Gosh, I've never even handled a weapon other than in a firearms safety course. I understand the frustration here, believe me. I've stayed hungry ever since my original charge in 1999 to prove myself however possible. What a learning experience. Heck, I'm in the midst of writing part 1 of my autobiography inspired by my experience thus far. Believe me - NEVER give up on your innermost dreams.  ;)
 
beach_bum said:
Maybe I'm misunderstanding this.  The judge didn't oppose lifting it, but didn't lift it?  So, that means the ban is still in place?  Better get it lifted.  Until it is, you have legal obligations.
As for your debt.  Pay it off. 

This is the only advice you should be following. YOU must prove that you don't have any legal obligations or outstanding debt that has gone to collection.  Not recruiting, YOU!!  Apply and a background check will be conducted and if there are any issues then YOU will deal with them so that YOU can be enrolled.
 
kincanucks said:
This is the only advice you should be following. YOU must prove that you don't have any legal obligations or outstanding debt that has gone to collection.  Not recruiting, YOU!!  Apply and a background check will be conducted and if there are any issues then YOU will deal with them so that YOU can be enrolled.

I'll agree with most of what's said above, but I want to emphasize something.  Do not even so much as inquire with the company concerned about paying off the prior debt you have, which you're telling us is now marked as "written off" by Equifax and if that's the case, the debt no longer exists.  If it's written off, the collection action has ceased and the company has washed their hands of it.  I'm intimately familiar with credit agencies and how they work with regards to bad debt, and I strongly recommend that you confirm what I'm telling you with a trustee in bankruptcy.  I'm certain they'll tell you that sending the company money at this point will only cause you more grief in the form of an updated entry on your credit file that will not go away for another 6 additional years.
 
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