background declaration & detention that doesn't appear on police certificates

[peter_67]

Help please. What to respond in question 6.d of Background Declaration when the following scenario has occurred:

1. The police gives you a traffic ticket, takes away your license and car, and takes you into custody for alleged dangerous driving and puts you inside a cell at the police station.
2. The prosecution decides that no valid proof exist to proceed to charge you, and orders the police to release you immediately. No charges, no court date.
3. Police releases you the next day after first taking you into custody(spent one night inside the cell).
4. You pay your ticket to get your license and car back.

It is likely that the police and the prosecution keep an internal log or administrative record of that situation. However, recent police certificates and criminal record that you will send with your application come back clean, show no detentions, no crimes, no convictions.

What would the correct way to respond question 6.d of Background Declaration?

 

[NIKONIKO]

Help please. What to respond in question 6.d of Background Declaration when the following scenario has occurred:

1. The police gives you a traffic ticket, takes away your license and car, and takes you into custody for alleged dangerous driving and puts you inside a cell at the police station.
2. The prosecution decides that no valid proof exist to proceed to charge you, and orders the police to release you immediately. No charges, no court date.
3. Police releases you the next day after first taking you into custody(spent one night inside the cell).
4. You pay your ticket to get your license and car back.

It is likely that the police and the prosecution keep an internal log or administrative record of that situation. However, recent police certificates and criminal record that you will send with your application come back clean, show no detentions, no crimes, no convictions.

What would the correct way to respond question 6.d of Background Declaration?

Depends on the country

 

[peter_67]

hi NIKONIKO, would you mind explaining more about "Depends on the country"?

thanks

 

[zardoz]

OK, can you explain why you had to pay for a "ticket" when you state that there was no case to answer?
Was this, in fact, two separate offences at the same time, one of which was dropped?

 

[future_canadian]

Help please. What to respond in question 6.d of Background Declaration when the following scenario has occurred:

1. The police gives you a traffic ticket, takes away your license and car, and takes you into custody for alleged dangerous driving and puts you inside a cell at the police station.
2. The prosecution decides that no valid proof exist to proceed to charge you, and orders the police to release you immediately. No charges, no court date.
3. Police releases you the next day after first taking you into custody(spent one night inside the cell).
4. You pay your ticket to get your license and car back.

It is likely that the police and the prosecution keep an internal log or administrative record of that situation. However, recent police certificates and criminal record that you will send with your application come back clean, show no detentions, no crimes, no convictions.

What would the correct way to respond question 6.d of Background Declaration?

It depends on the jurisdiction where this occurred. Most likely, if there were no charges and therefore no conviction, it won't appear on the police certificate and doesn't rise to the level of something you need to disclose. However you "paid a ticket" so I'm not sure if it means there is a conviction or not (technically, paying a traffic ticket like a speeding ticket is a conviction, but not one that creates a criminal record in most jurisdictions).

To be absolutely sure, I'd obtain your record from the jurisdiction in question (if possible) and consult a Canadian immigration attorney.

 

[peter_67]

OK, can you explain why you had to pay for a "ticket" when you state that there was no case to answer?
Was this, in fact, two separate offences at the same time, one of which was dropped?

I only had to pay the ticket related to an alleged transit offense, around $70. I could have appealed, but I decided it wasn't worth the time or effort.

Prosecution didn't proceed to charge me with a criminal offense, so I was released. No charges, no lawyers, no court date.

 

[peter_67]

It depends on the jurisdiction where this occurred. Most likely, if there were no charges and therefore no conviction, it won't appear on the police certificate and doesn't rise to the level of something you need to disclose. However you "paid a ticket" so I'm not sure if it means there is a conviction or not (technically, paying a traffic ticket like a speeding ticket is a conviction, but not one that creates a criminal record in most jurisdictions).

To be absolutely sure, I'd obtain your record from the jurisdiction in question (if possible) and consult a Canadian immigration attorney.

I paid the ticket related to an alleged transit offense, around $70. I could have appealed, but I decided it wasn't worth the time or effort.

I think a conviction is only with a court of law finds someone guilty of a crime. My case never went to a court.

I got my police certificates and criminal record, both clean, hence the dilemma to what would be the correct way to respond question 6.d of Background Declaration in my situation.

 

[akbardxb]

I paid the ticket related to an alleged transit offense, around $70. I could have appealed, but I decided it wasn't worth the time or effort.

I think a conviction is only with a court of law finds someone guilty of a crime. My case never went to a court.

I got my police certificates and criminal record, both clean, hence the dilemma to what would be the correct way to respond question 6.d of Background Declaration in my situation.

If it's all clear then there is nothing to mention on the firm.

 

[future_canadian]

I paid the ticket related to an alleged transit offense, around $70. I could have appealed, but I decided it wasn't worth the time or effort.

I think a conviction is only with a court of law finds someone guilty of a crime. My case never went to a court.

I got my police certificates and criminal record, both clean, hence the dilemma to what would be the correct way to respond question 6.d of Background Declaration in my situation.

You can safely answer no. You have no history that requires disclosure.

 

[Dev55]

I applied for PR under CEC in June 2014, got my medical request in Jan 2015 and then after 2 days got an email from CIC to submit updated background declaration form (IMM 5669) - Bearing original signature and no gaps in addresses and activities (as I left 8 months gap in activity and couple of months gap in address)

ISSUE - I am currently alleged with a criminal charge, my Criminal lawyer says he will get the case dropped or get me absolute discharge

Advise needed: Should I mark NO for --> been convicted of, or are you currently charged with, on trial for, or party to a crime or offense, or subject of any criminal proceedings in any other country?
Also advise if any other section is applicable on me on IMM 5669

Anyone went thru similar situation?

 

[canuck_in_uk]

ISSUE - I am currently alleged with a criminal charge, my Criminal lawyer says he will get the case dropped or get me absolute discharge

Advise needed: Should I mark NO for --> been convicted of, or are you currently charged with, on trial for, or party to a crime or offense, or subject of any criminal proceedings in any other country?
Also advise if any other section is applicable on me on IMM 5669

You are currently charged with a crime, so you must select "Yes". Selecting "No" would be a lie and could lead to your app being refused and you being banned from Canada.