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Deferred Adjudication resulting in dismissed dui

Cdnpr2017

Hero Member
Dec 31, 2016
467
13
I recently completed my deferred adjudication for dui. My dui is now dismissed. Am I eligible to be sponsored to get PR in Canada by my husband since it was dismissed through deferred adjudication?

From what I have researched, I think it is. Just looking for some more info.
 

scylla

VIP Member
Jun 8, 2010
95,798
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Toronto
Category........
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That's an interesting question. Deferred adjudication is effectively the equivalent of pleading guilty. However I understand that the DUI is dismissed once your probation period is completed.

Normally, after a DUI, a person is inadmissible to Canada until 5 years have passed since the probation period was completed.

I don't know if Canada views deferred adjudication as regular probation (if so you'd need to wait another five years before you qualify for rehabilitation) or if Canada views deferred adjudication as if the DUI never happened once the probationary period is completed.

Guess you could apply for rehabilitation and see what happens... If rehabilitation is approved, you can then go ahead and be sponsored by your husband.
 

Cdnpr2017

Hero Member
Dec 31, 2016
467
13
scylla said:
That's an interesting question. Deferred adjudication is effectively the equivalent of pleading guilty. However I understand that the DUI is dismissed once your probation period is completed.

Normally, after a DUI, a person is inadmissible to Canada until 5 years have passed since the probation period was completed.

I don't know if Canada views deferred adjudication as regular probation (if so you'd need to wait another five years before you qualify for rehabilitation) or if Canada views deferred adjudication as if the DUI never happened once the probationary period is completed.

Guess you could apply for rehabilitation and see what happens... If rehabilitation is approved, you can then go ahead and be sponsored by your husband.

I have read off of several Canadian immigration lawyers websites that a deferred adjudication doesn't cause you to be inadmissible to Canada. I actually talked to a lawyer based out of Montreal who specializes in this type of thing and he said it shouldn't be an issue, since I was not convicted.

I am just looking for other peoples experience and input I guess! Just doing some research.
 

Cdnpr2017

Hero Member
Dec 31, 2016
467
13
scylla said:
That's an interesting question. Deferred adjudication is effectively the equivalent of pleading guilty. However I understand that the DUI is dismissed once your probation period is completed.

Normally, after a DUI, a person is inadmissible to Canada until 5 years have passed since the probation period was completed.

I don't know if Canada views deferred adjudication as regular probation (if so you'd need to wait another five years before you qualify for rehabilitation) or if Canada views deferred adjudication as if the DUI never happened once the probationary period is completed.

Guess you could apply for rehabilitation and see what happens... If rehabilitation is approved, you can then go ahead and be sponsored by your husband.

Also, my deferred adjudication in the state of Maryland is called Probaion Before Judgement. I never formally plead guilty.
 

scylla

VIP Member
Jun 8, 2010
95,798
22,077
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Cdnpr2017 said:
I have read off of several Canadian immigration lawyers websites that a deferred adjudication doesn't cause you to be inadmissible to Canada. I actually talked to a lawyer based out of Montreal who specializes in this type of thing and he said it shouldn't be an issue, since I was not convicted.

I am just looking for other peoples experience and input I guess! Just doing some research.
That's good news. Then it sounds like you can apply without rehab.

Your situation is pretty unique. Rather than waiting for answers, I would try using this forum's search feature to see if you can find any historical threads about deferred adjudication situations. Good luck.
 

Cdnpr2017

Hero Member
Dec 31, 2016
467
13
From my research and reading the enf2 section 25.2 and enf14 section 27 , I think I should be good to go, since my deferred adjudication reaulted in a non conviction! I hope this can help others down the road!
 

Plucky

Newbie
Dec 11, 2017
1
0
I know it's an old thread, but I'm wondering what the outcome of your situation was. Did it work out? Was it considered a non-conviction?
 

scylla

VIP Member
Jun 8, 2010
95,798
22,077
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I know it's an old thread, but I'm wondering what the outcome of your situation was. Did it work out? Was it considered a non-conviction?
I believe the OP is still waiting for CIC to make a decision for their application.
 

SalientKola

Newbie
Mar 8, 2014
2
0
Also, my deferred adjudication in the state of Maryland is called Probaion Before Judgement. I never formally plead guilty.
I got a probation before judgement in Maryland for a DWI but I had to plead guilty to get the PBJ. Did you plead no contest? I am really worried about the guilty plea even though I know in the end I will not have a conviction.

Could you please share more details about your Maryland PBJ and how the Canadian immigration officials viewed it? I am finding lots of conflicting information and it's all really confusing. Thank you!