Obtaining criminal records to support I-192 waiver application

QUESTION:  I have a problem with my I-192 application. I am a 46 year old male living in Toronto. I have two drug possession charges in Canada, one from 1980 when I was16 years old and another from about 1988 (both simple possession).  I have been told that I do not need to submit court records for the 1980 charge with my I-192 application (since I was under 18), but I do for the 1988 charge. There is a big problem - I have no idea what my 1988 court date was (i.e. the date on which I went to court and received what is called a 'conditional discharge' up here in Canada). The courts tell me that without this date there is no way they can search my records and give me a copy of the disposition (technically there is no record of conviction since conditional discharge is not a conviction). This seems problematic to me. It is important to note that neither drug charge appears on my certified criminal record obtained from the RCMP.  There are only two minor theft charges from 1982 and 1983. Still, I was denied entry in about 1987 because I told them I had a criminal record for marijuana possession (this was a reference to my 1980 charge - a huge error since I technically did not and do not have any such record). So I must bring up the drug charges when I make my I-192 application, but what about the fact that I cannot get a copy of my record for the 1988 charge? Is it okay to completely leave off mention of the 1980 charge? In any case I will not be able to get records for that one either because it was 30 years ago and I have no idea about what my court date might have been! 

Any help would be very much appreciated. I have spent literally 20 hours trying to get some information on this and I cannot find any good counsel. 

REPLY:  I hope that I can shed some light on this frustrating process for you.  In my recent experience, the Admissibility Review Office (“ARO”), which is the agency responsible for adjudicating all I-192 waiver applications, has been requesting all court documents relating to every arrest and conviction, no matter how old they are.   I recently had to send a client to the Ontario Archives in order to obtain records from the 1970s, as the ARO issued a specific request for these documents.  If all records are truly unavailable, the ARO will usually require that this be confirmed in writing by a court official. 

Under absolutely no circumstances should you fail to disclose any criminal history that is specifically asked of you.  Such deliberate withholding of information constitutes fraud and can lead to additional immigration consequences.   

You indicate that you have been to the courts but cannot locate documents due to a lack of specificity regarding dates.  Have you contacted the police agency that arrested you?  The local police department may be able to provide you with the dates needed.  They may also be able to provide you with your police records, which are also often requested by the ARO.  If after checking with the arresting police authority you are truly at a loss as to how to locate and obtain your criminal records from the 1980s, you may want to consult with a Canadian criminal attorney, as s/he will have a more specialized knowledge of how the Canadian criminal records are kept, etc.