I had a criminal offense as well. I submitted my application for PR Family Sponsorship through my spouse back in December 2023. I just got an email this month saying they’re in the “finalization stages,” and need to confirm basic information (unrelated to the criminal offense) in order to create a residency login for me. From what I’ve gathered here, that usually means they've decided to approve your application once you receive that kind of email. I’ll share what I did, what I submitted and how I gathered those documents. Just so you know, I did consult with an immigration attorney before sending in my application.
To answer your questions: Q1-"I do not have any other criminal charges, am I automatically deemed rehabilitated?": I’m not a legal expert, so I don’t want to mislead you. However, you may be considered rehabilitated if a certain number of years have passed since your case closed. For example, if your case closed 12 years ago, it’s reasonable to assume you are deemed rehabilitated. Q2- "And if so what information would I need to attach with the application?": Wait for your police certificate to arrive and review its contents before sharing any information with immigration. They’re only concerned with what’s on that certificate. I made the mistake of disclosing something that wasn’t included, and my attorney advised against it. Q3- "I am waiting on my police certificate, would that be enough and also doing my letter of explanation.. ?": If your charge appears on the police certificate, you’ll need to gather certified copies of relevant documents. I called the county courthouse where the charge occurred and spoke with the Criminal Court Department, explaining what I needed. They were quite helpful. If your case was expunged, request the Court Clerk to find your documents in their file warehouse, as they may not show up in their database. US courts typically keep expunged cases for 20 years. You'll also need to include a brief letter of explanation—mine was just one page—detailing what the charge is equivalent to in Canada. If it's a non-serious crime or misdemeanor, be sure to mention that in your letter.
Don’t let your charge hold you back from applying. I'm sure they consider various factors, like whether it was a violent offense, how much time has passed, and your overall history. Just make sure to provide all your court documents, even if they’ve been expunged; failing to do so could delay your application or lead to a denial. For example in my case, here’s a part of the letter I received requesting all my court documents:
"According to the police clearance certificate and the Schedule A (IMM####) that you have
provided, it appears you may have a criminal record against you in The United States. Please provide
certified copies of all court documents relating to any offence(s). These documents must indicate the
events that led to the charge(s), the statute(s) under which you were charged and the outcome/final
disposition of each charge, as well as the completion of any penalty or sentence imposed. Please
submit your own written explanation of the events along with the above requested certified copies of the
court documents."
Hope this helped and good luck!
P.S. I'll keep you posted if they send me an official approval letter.
