I was convicted of theft and assault...

[Kalikay]

When i was 21 i got caught stealing a bra from winners when i attempted to flee the security guard tackled me and i fought back but was manhandled. Anyway the mall security guard asked the cops to charge me with assault as well as theft. I was told that since it was my first offense if i did some quick program (i forgot what it was called) it would be wiped clean from my record. I did the program and years later i checked to see if i had a criminal record through rcmp and there was no record. Am i still inelligible to sponsor?

 

[Wakki]

Who can’t become a sponsor

 

[Kalikay]

I already read that i dont know if it applies in my situation

 

[kcward7]

I already read that i dont know if it applies in my situation

I would seek legal advice on this one. This is a free forum and this is the kind of complication you would want counsel on in my opinion.

 

[Kalikay]

Jeez it would be nice if i was given some type of idea. This happened over 10 years ago. Im not even sure if i was necessarily convicted as i never went to jail.

 

[mrs_december]

Jeez it would be nice if i was given some type of idea.

The lawyer would be the one to be able to give you the correct idea. This forum is unpaid laymen offering suggestions. If you want legal clarification for an issue of past criminality, then you'd be best served by consulting an attorney.

 

[Kalikay]

I

The lawyer would be the one to be able to give you the correct idea. This forum is unpaid laymen offering suggestions. If you want legal clarification for an issue of past criminality, then you'd be best served by consulting an attorney.

I understand that but i was hoping to at least have have an idea

 

[kcward7]

I



I understand that but i was hoping to at least have have an idea

Once again, you need to professionally consult someone. No one can answer this for you.

 

[evdm]

The relevant parts of the regulations are as follows:

has not been convicted under the Criminal Code of

• (i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person,
  
  
• (i.1) an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years, or an attempt to commit such an offence, against any person, or
  
  
• (ii) an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons:
• 
  
  • (A) a current or former family member of the sponsor,
    
    
  • (B) a relative of the sponsor, as well as a current or former family member of that relative,
    
    
  • (C) a relative of the family member of the sponsor, or a current or former family member of that relative,
    
    
  • (D) a current or former conjugal partner of the sponsor,
    
    
  • (E) a current or former family member of a family member or conjugal partner of the sponsor,
    
    
  • (F) a relative of the conjugal partner of the sponsor, or a current or former family member of that relative,
    
    
  • (G) a child under the current or former care and control of the sponsor, their current or former family member or conjugal partner,
    
    
  • (H) a child under the current or former care and control of a relative of the sponsor or a current or former family member of that relative, or
    
    
  • (I) someone the sponsor is dating or has dated, whether or not they have lived together, or a family member of that person;

[...]
(2) Despite paragraph (1)(e), a sponsorship application may not be refused

• (a) on the basis of a conviction in Canada in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal; or
  
  
• (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).

You will need someone to tell you whether the offence falls under the category i.1 (10 year sentence)
then, if so, you will need to look at the exceptions under (2) to see if they apply.

A lawyer would be your best source of this information for a more definitive answer.

 

[canuck_in_uk]

When i was 21 i got caught stealing a bra from winners when i attempted to flee the security guard tackled me and i fought back but was manhandled. Anyway the mall security guard asked the cops to charge me with assault as well as theft. I was told that since it was my first offense if i did some quick program (i forgot what it was called) it would be wiped clean from my record. I did the program and years later i checked to see if i had a criminal record through rcmp and there was no record. Am i still inelligible to sponsor?

Jeez it would be nice if i was given some type of idea. This happened over 10 years ago. Im not even sure if i was necessarily convicted as i never went to jail.

How can you not know if you were convicted? That's a pretty important thing to know.

It sounds like you went through a diversion program, which means the charges would have been withdrawn and there was no conviction. However, no one here can tell you if that is the case. Go find your legal paperwork.

 

[chanban]

When i was 21 i got caught stealing a bra from winners when i attempted to flee the security guard tackled me and i fought back but was manhandled. Anyway the mall security guard asked the cops to charge me with assault as well as theft. I was told that since it was my first offense if i did some quick program (i forgot what it was called) it would be wiped clean from my record. I did the program and years later i checked to see if i had a criminal record through rcmp and there was no record. Am i still inelligible to sponsor?

If you checked RCMP and it came back that you do NOT have a criminal record, then you do NOT have a criminal record, and are eligible to apply.

This is just my personal opinion though. I am not a lawyer nor immigration specialist .. but its pretty basic ... if you checked for a criminal record and you do not have one, clearly the diversion program is in effect and no charges were formally made.

 

[KandyK]

When i was 21 i got caught stealing a bra from winners when i attempted to flee the security guard tackled me and i fought back but was manhandled. Anyway the mall security guard asked the cops to charge me with assault as well as theft. I was told that since it was my first offense if i did some quick program (i forgot what it was called) it would be wiped clean from my record. I did the program and years later i checked to see if i had a criminal record through rcmp and there was no record. Am i still inelligible to sponsor?

You are eligible to sponsor. I know of worse stories with people who have a record and was still eligible.

Criminality which makes u ineligible to sponsor is like violent crimes and so on.

You are fine.

 

[canuck_in_uk]

You are eligible to sponsor. I know of worse stories with people who have a record and was still eligible.

Criminality which makes u ineligible to sponsor is like violent crimes and so on.

You are fine.

Assault is a violent crime...

 

[KandyK]

Assault is a violent crime...

Well yea it is. But if rcmp is clear then she is fine.

A friend was charged for forcible confinement 7 to 8 years before sponsoring and he was still eligible.
Also has criminal record of theft both over and under 1000.
He is a born citizen. Dont know if that changes anything

 

[canuck_in_uk]

Well yea it is. But if rcmp is clear then she is fine.

A friend was charged for forcible confinement 7 to 8 years before sponsoring and he was still eligible.
Also has criminal record of theft both over and under 1000.
He is a born citizen. Dont know if that changes anything

I'm sure OP is eligible to sponsor, as it sounds like diversion and withdrawal of charges. I just wanted to point out that assault is a violent crime.

Forcible confinement of who? If that conviction was related to a spouse/partner and he was still eligible to sponsor, that would be screwed up.