FBI Report shows arrest

[gunkreet]

Hi All,
I hope someone can help me with my question.

I got my clearance report from the FBI and it states " A SEARCH OF THE FINGERPRINTS PROVIDED BY
THIS INDIVIDUAL HAS REVEALED PRIOR ARREST DATA AT THE FBI. THIS DOES NOT PRECLUDE FURTHER CRIMINAL HISTORY AT THE STATE OR LOCAL LEVEL."

I was arrested for the following charges mentioned in the report :
1. Driving on suspended license
2. Electronic commu device (Talking on the phone).

I did not know my license was suspended as I had a ticket I was unaware of. I went to the court and proved I had taken care of license suspension by paying the ticket which was due and was never convicted for any of the charges. Though I did pay a small fine for talking on the phone while driving.

Will this be a hindrance for me when I send my documents for express entry?

If so, please suggest what can I do to make sure the report is not a hindrance and how can this be resolved?

Thank You.

 

[DEEPCUR]

You need to declare this, explain in schedule A and upload all papers related to your acquittal. It may or may not be an issue depending serious is driving on suspended license is in Canada.

Driving with cell phone is not a serious crime, by doing that on a suspended license makes this as an additional reason for arrest.

How come you were unaware of the fact that your license has been suspended? I believe license suspension happens only after one loses 6 points and it's less likely for someone to lose 6 points without their knowledge.

 

[gunkreet]

You need to declare this, explain in schedule A and upload all papers related to your acquittal. It may or may not be an issue depending serious is driving on suspended license is in Canada.

Driving with cell phone is not a serious crime, by doing that on a suspended license makes this as an additional reason for arrest.

How come you were unaware of the fact that your license has been suspended? I believe license suspension happens only after one loses 6 points and it's less likely for someone to lose 6 points without their knowledge.

Hi,
Thank you for your response.

This suspension took place over 2 years ago. I am not sure of the points system in place then.
I had moved and due to my address change, I did not get any notification for any tickets that may have been issued to me. Apart from that, I had also just moved to a new town/state a month before I was pulled over.

What kind of papers would I require in order to submit with my response?

Thank You.

 

[DEEPCUR]

Hi,
Thank you for your response.

This suspension took place over 2 years ago. I am not sure of the points system in place then.
I had moved and due to my address change, I did not get any notification for any tickets that may have been issued to me. Apart from that, I had also just moved to a new town/state a month before I was pulled over.

What kind of papers would I require in order to submit with my response?

Thank You.

When you fill your express entry application form there will be a question that asks if you have ever been arrested or convicted or something like that. If you mention yes there, I believe it'd prompt you to upload schedule A where you need to give your explanation. By papers I meant anything provided in court that mentions about your acquittal.

 

[gunkreet]

When you fill your express entry application form there will be a question that asks if you have ever been arrested or convicted or something like that. If you mention yes there, I believe it'd prompt you to upload schedule A where you need to give your explanation. By papers I meant anything provided in court that mentions about your acquittal.

Hi,
Prior to receiving my report from the FBI, I had already filled my application for express entry as I did not expect this to show up on my FBI report thinking this will be minor offence.
Can I still make updates to my application once it has been completed and submitted?

Thank You.

 

[DEEPCUR]

Hi,
Prior to receiving my report from the FBI, I had already filled my application for express entry as I did not expect this to show up on my FBI report thinking this will be minor offence.
Can I still make updates to my application once it has been completed and submitted?

Thank You.

You have two options now.. If you have good cutoff, you can withdraw your application and resubmit it with a new invite. You can include all the details in new application.

Or send a CSE with schedule A and other available documents on this mentioning that you chose 'No' for the arrest question. CSEs take some time to reach the concerned officer. I believe withdrawing has some wait time too. In both cases someone manually needs to do things on your application. Search this forum on how to send cse or withdraw. You can also call CIC and explain your situation and ask on how to proceed.

You should act really fast either way because CIC has access to US criminal database and this would likely show up in that. If they find this out (before you notify them) and come asking about this, you are at a risk of 5 year ban for misrepresentation.

 

[LifeDreamer]

The misrepresentation finding will still occur because the applicant has already signed and attested all statements were truthful under penalty of perjury. Withdrawing the application will not undo the omission and it will always be cross checked with your future applications.

Driving on a suspended license is equivalent to disqualified driving in Canada if the underlying reason for the suspension was a criminal code conviction, a prohibition under a federal act or the similar under provincial laws AND that you were formally informed of the suspension. In your case, you were not suspended for a criminal thing and you weren't aware of it either, taking this charge right out the door in the eyes of the immigration officer. AND GUESS WHAT? YOU WEREN'T EVEN CONVICTED OF THAT to have any impact on you whatsoever, but you did lie and now the officer will think you would also lie about any prior offenses unless they are obviously on your PCCs. You will have a hard time dealing with CIC from now on and you will most likely be asked to provide local police certificates and prove personal activities and list address history everywhere you lived in your whole past life, and expect the "criminality" section to drag on multiple years before you get your visa that is of course after you wait out your 5 years.

I cannot stress how serious misrepresentation is in Canada. All this trouble could have been avoided if you had simply answered truthfully.

 

[gunkreet]

The misrepresentation finding will still occur because the applicant has already signed and attested all statements were truthful under penalty of perjury. Withdrawing the application will not undo the omission and it will always be cross checked with your future applications.

Driving on a suspended license is equivalent to disqualified driving in Canada if the underlying reason for the suspension was a criminal code conviction, a prohibition under a federal act or the similar under provincial laws AND that you were formally informed of the suspension. In your case, you were not suspended for a criminal thing and you weren't aware of it either, taking this charge right out the door in the eyes of the immigration officer. AND GUESS WHAT? YOU WEREN'T EVEN CONVICTED OF THAT to have any impact on you whatsoever, but you did lie and now the officer will think you would also lie about any prior offenses unless they are obviously on your PCCs. You will have a hard time dealing with CIC from now on and you will most likely be asked to provide local police certificates and prove personal activities and list address history everywhere you lived in your whole past life, and expect the "criminality" section to drag on multiple years before you get your visa that is of course after you wait out your 5 years.

I cannot stress how serious misrepresentation is in Canada. All this trouble could have been avoided if you had simply answered truthfully.

Hi,
Thank you for your response.
I wasn't aware of this being shown up until it did on my report. I actually thought this would not show up as I have gone through background checks in the past for jobs and nothing ever showed up on those. I also did not know this would show up as the charges were dropped by the judge as everything was proved otherwise.
I think I would withdraw my application with the correct reason as I did not know what my PCC report would show until I got it 2 days ago from the FBI.
I guess this being an honest mistake should be fine, unless you guys suggest otherwise?

Thank You.

 

[mike2236]

Without sounding too cynical, the application asks if you have ever been arrested. That question does not care about the outcome. Arrested simply means that. If you were arrested and the case was dropped then you still need to put it on the application. I believe that another question asks about conviction as well. However, in the US, once you're ever fingerprinted by the police for any allegation then it shows up on your rap sheet. I believe that the info sharing is one of the first things that's done on the application as it was in my case. As such, depending when was your AOR they may have already have that information from the US. You may also want to order a set of notes to see their comments.

I hope it works out for you and this does not trigger a misrepresentation for you.

 

[LifeDreamer]

I wasn't aware of this being shown up until it did on my report. I actually thought this would not show up as I have gone through background checks in the past for jobs and nothing ever showed up on those. I also did not know this would show up as the charges were dropped by the judge as everything was proved otherwise.

Again, it's not an excuse that you didn't know that it will show up. If you mention this in your letter of explanation you will be refused right away. It exemplifies deceit. It didn't show up in your past background checks because you don't have a conviction, many state and local jurisdictions don't disclose non-conviction records to public unless there is a good reason and most job applications don't require you to disclose non-conviction records anyways. It's still possible for someone to find out about your record if they hire court researchers and know where you have lived in the past, and are willing to spend time and money. But chances are few employers would take this endeavor to just uncover some possibly harmless information about you. Canada, on the other hand, will take this effort if possible that is why they ask for your address history. Meaning that this record would still "show up" to them in the process even if it was not on your FBI paper. You should look into the possibility of expunging your record you could be eligible due to dismissal, and that will also have the effect of removing your arrest record from the FBI database.

If you are wondering, FBI records are only available to police and are not accessible to employers or public but they are used when you apply for a gun license, apply for a sensitive position working with vulnerable people, getting a state license or (hint) applying to immigrate to a foreign country. They can only be be accessed with a set of fingerprints, so your consent is necessary.

I guess this being an honest mistake should be fine, unless you guys suggest otherwise?

Applications have been refused in the past for much more trivial reasons than yours. Canada is very strict with misrepresentation. To give you an example, a Chinese college professor attached bank statement in Chinese along with an English translation that had a small error in the account numbers. Although it's the translator's mistake and the original correct document was available it was deemed misrepresentation.

 

[gunkreet]

Again, it's not an excuse that you didn't know that it will show up. If you mention this in your letter of explanation you will be refused right away. It exemplifies deceit. It didn't show up in your past background checks because you don't have a conviction, many state and local jurisdictions don't disclose non-conviction records to public unless there is a good reason and most job applications don't require you to disclose non-conviction records anyways. It's still possible for someone to find out about your record if they hire court researchers and know where you have lived in the past, and are willing to spend time and money. But chances are few employers would take this endeavor to just uncover some possibly harmless information about you. Canada, on the other hand, will take this effort if possible that is why they ask for your address history. Meaning that this record would still "show up" to them in the process even if it was not on your FBI paper. You should look into the possibility of expunging your record you could be eligible due to dismissal, and that will also have the effect of removing your arrest record from the FBI database.

If you are wondering, FBI records are only available to police and are not accessible to employers or public but they are used when you apply for a gun license, apply for a sensitive position working with vulnerable people, getting a state license or (hint) applying to immigrate to a foreign country. They can only be be accessed with a set of fingerprints, so your consent is necessary.



Applications have been refused in the past for much more trivial reasons than yours. Canada is very strict with misrepresentation. To give you an example, a Chinese college professor attached bank statement in Chinese along with an English translation that had a small error in the account numbers. Although it's the translator's mistake and the original correct document was available it was deemed misrepresentation.

Hi,
Thank you so much everyone for the response. I will try and see if I can get the record expelled as there was no conviction.
If that is not possible, can I cancel my application and apply a new one with all the correct information to make sure there is no misrepresentation?

Thank You.

 

[navinball]

dont worry, trffic infractions are minor. just open a new application and reenter the pool. or raise a CSE and a letter of explaination

 

[gunkreet]

You are so screwed. Why did you expect it not show up on your FBI background check? By paying a fine it means that you were convicted and that was your punishment. A non conviction would result in you paying zero fines and the case would have been dismissed. The same thing happened to my cousin. He is now applying to live in Australia. I would start researching other countries to immigrate to.

Hi,
I paid the fine as the charge of driving on suspended license was revoked due to me being out of state and having taken care of it when I realized about it.
Also, the fine I ended up paying was for talking on the phone which was eventually reduced to a parking ticket and the fine was paid for the parking ticket.
I have the court documents to support this.

Would it still not be fine if I just withdraw my current application (which has not been picked yet) and apply for a new one.

Thank You.

 

[navinball]

Hi,
I paid the fine as the charge of driving on suspended license was revoked due to me being out of state and having taken care of it when I realized about it.
Also, the fine I ended up paying was for talking on the phone which was eventually reduced to a parking ticket and the fine was paid for the parking ticket.
I have the court documents to support this.

Would it still not be fine if I just withdraw my current application (which has not been picked yet) and apply for a new one.

Thank You.

ignore that guy. he is a troll.

 

[DelPiero07]

Hi,
I paid the fine as the charge of driving on suspended license was revoked due to me being out of state and having taken care of it when I realized about it.
Also, the fine I ended up paying was for talking on the phone which was eventually reduced to a parking ticket and the fine was paid for the parking ticket.
I have the court documents to support this.

Would it still not be fine if I just withdraw my current application (which has not been picked yet) and apply for a new one.

Thank You.

Have you submitted your e-APR or not?