Arrest showing up on FBI PCC Report

[bruffa]

i was arrested in feb 2012 for DUI charge ..but i was proved not guilty and charges were dismissed ..when i applied for FBI PCC as requested by CIC
below is report ..now i am very much worried what to do ..can i send the court dismissal letter along with FBI report or start hiring a lawyer immediately ?
i already spent so much for filing and now in big depression mood after seeing this FBI report. Please help guys what to do.


-- A Search of the fingerprints provided by this inividual has revealed prior arrest data at the FBI.
This Does not Preclude further criminal history at the state or local level. --

 

[future_canadian]

Canada takes DUI very seriously and it is a common reason for criminal inadmissibility. However if you were found not guilty then it will not be a basis for criminal inadmissibility.

In my opinion, the more serious issue is misrepresentation. On your background declaration form, you are required to answer "Have you ever been detained, incarcerated or put in jail?" An arrest is a detention and you should have answered yes to this question. Given that you didn't expect your arrest to show up on your FBI PCC, I am guessing you answered no. If you did answer no, that is a misrepresentation and could be a problem for you. It is grounds for rejection and a ban from Canada for a minimum of 2 years.

The thing to do is when you submit your PCC, include also a new background declaration form properly answering yes to that question, a covering letter explaining the full circumstances of the matter as well as an explanation of why you failed to disclose this in your original application, and a copy of the court dismissal. This may be enough to satisfy the VO. If it isn't and they ask you for further information or reject you, you definitely should speak to a lawyer to advise you.

Good luck.

 

[bruffa]

Thank you future canadian. I am feeling so much pain as i have to go through all through these being innocent and even after found not guilty by court.

 

[future_canadian]

Thank you future canadian. I am feeling so much pain as i have to go through all through these being innocent and even after found not guilty by court.

I know it's difficult that even though you were found not guilty you still have to explain this to people years down the road. But if you simply submit your PCC as is they are definitely going to come back and ask you about it. You need to be proactive and provide full details and apologize for the mistake in your original background declaration form. You've come this far so you have nothing to lose by seeing what happens. I bet it will not be a problem.

Good luck.

 

[vehla_ji]

here is a useful link with all details and you have to clear your record first in US and then you can try to enter in canada.

http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

 

[zardoz]

here is a useful link with all details and you have to clear your record first in US and then you can try to enter in canada.

http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

Firstly, the OP was not convicted, so that link is irrelevant. Secondly, "clearing your record" in any other country is also irrelevant. You must declare any of the circumstances that CIC requires you to, regardless of what the status in the record is.
Misrepresentation is actually a 5 years ban now. It was recently increased from 2 years.

 

[bruffa]

I Checked with my consultancy who filed my app .. they told me there no such question asked in any application about arrests or convictions to declare he came across so he didnt mention while filing my app.

Is it true ? if there is such form and they missed it .. then sending PCC is now is big risk of getting ban .. so shall i just stop submitting the requesting documents along with MR and RPRF so my app wont be processed ?

Please suggest ..

 

[FSWCIO]

I Checked with my consultancy who filed my app .. they told me there no such question asked in any application about arrests or convictions to declare he came across so he didnt mention while filing my app.

Is it true ? if there is such form and they missed it .. then sending PCC is now is big risk of getting ban .. so shall i just stop submitting the requesting documents along with MR and RPRF so my app wont be processed ?

Please suggest ..

Don't worry to much.
First of all, They will not process your application without PCC.
Send those PCC immediately and do MR and pay RPRF ASAP.
DO NOT include any clarification or DO NOT provide any doc which were not requested now.
send it and see what happens, since you don't have any conviction the CO may overlook your arrest history OR can request updated Schedule A later...

That's your Only option now. Best of Luck.

 

[fswevaluation]

I Checked with my consultancy who filed my app .. they told me there no such question asked in any application about arrests or convictions to declare he came across so he didnt mention while filing my app.

Is it true ? if there is such form and they missed it .. then sending PCC is now is big risk of getting ban .. so shall i just stop submitting the requesting documents along with MR and RPRF so my app wont be processed ?

Please suggest ..

At this point--submit your PCC, ALSO SUBMIT ALL THE COURT DOCUMENTS REGARDING DUI, write an explanatary letter about the DUI that you were arrested and the case was dropped. Be honest and YOU WILL SUCCEED.

All the best

 

[bruffa]

Thank you All..i have submitted PCC and court dismissal letter along with explanation letter in my own words how the incident happened.

Now waiting for PPR.

 

[bolivian76]

Hi, im waiting my PCC and I had the same problem with an arrest, can you update and let us know what happened then?

 

[martha1901]

Hi, im waiting my PCC and I had the same problem with an arrest, can you update and let us know what happened then?

Hi,

We're actually on the same situation. Hubby got a DUI from UK it wasn't declared at all as I thought it was just a traffic incident. I only saw it when our PCC came back, I only sent a letter of explanation ( any account that leading to the incident, apology and for humanitarian compassion on our case), no court documents at this stage. After 6 months CIC replied and asked for court documents and etc.. sent it this month and I guess we did satisfy the CIC, cause we received last week our passport request for COPR. I know each case is different but I hope this help to anyone that are on the same situation.

Cheers.

 

[bolivian76]

Thanks for your feedback!!

 

[sarvesh90]

I have a similar issue. I was pulled over and arrested for suspicious DUI and was given a court appearance date. My BAC was under the limit and my lawyers were able to convince the District Attorney to drop the case without even having to go to court. I have a letter from the court stating that no Criminal charges will be filed against me.

I am planning to submit my FBI PCC (with that arrest record), this court letter giving me the clean chit and a letter of explanation detailing what happened. Is that enough? I was told my someone that I should also get an additional Clearance certificate from State of California (which is where the incident happened), just to be 100% certain.

Please advise what to do!