Petty Offence Exception
Hello.
~15 years ago I received a conditional discharge for a shoplifting charge. After the conditions were met and the 3 year waiting period was over I drove to the US. I talked to the border agent and showed him my court documents/police record. I don’t remember exactly how much he looked at the documents, I recall it being a pretty quick process. I told him I should apply under the petty offence exception. (I remember him saying I shouldn’t be doing his job for him and I said I was just being prepared haha)
Petty Offence Exception
- Only one conviction CIMT (just 1)
- Jail less than 6m (no jail)
- Max jail less than 1y (6m at the time)
Regarding #3. At the time the max sentence for the summary conviction for theft under 5000 was 6 months. I have recently found out that it is now 2 years. Meaning now I should not apply.
My question is, does it matter what the maximum charge is now or when it occurred? If I continue to carry the printout I made ~12 years ago showing the maximum as 6 months, will they accept that still? Has anyone else been in the same situation?
I have crossed 6 times since this all happened and no one has ever brought anything up. I carry all those documents with me each time just in case .