Criminal Inadmissibility because of traffic offense?

[jckailun]

Dear all,

I’ve got a serious problem that might affect my application for a study permit, so please help.

I’ve been to the US for 3 times. All together I’ve got 2 parking citations that I’ve already paid, and have been pulled over for 3 times for going slightly above the speed limit that only warnings were given. No court, no fine, no tickets for the pull-overs.

Also once in Portugal, I drank a bit of sangria during dinner before driving back to our hotel and the police let me go after an alcohol test. No consequences, no fine, no tickets, no court.

Would that render me inadmissible to Canada?

Thanks.
Jimmy

 

[PMM]

HI

Dear all,

I’ve got a serious problem that might affect my application for a study permit, so please help.

I’ve been to the US for 3 times. All together I’ve got 2 parking citations that I’ve already paid, and have been pulled over for 3 times for going slightly above the speed limit that only warnings were given. No court, no fine, no tickets for the pull-overs.

Also once in Portugal, I drank a bit of sangria during dinner before driving back to our hotel and the police let me go after an alcohol test. No consequences, no fine, no tickets, no court.

Would that render me inadmissible to Canada?

Thanks.
Jimmy

1. No, as you haven;t a criminal conviction

 

[LifeDreamer]

You are admissible. You also do not need to mention any of your incidents at all.

 

[LifeDreamer]

Also once in Portugal, I drank a bit of sangria during dinner before driving back to our hotel and the police let me go after an alcohol test. No consequences, no fine, no tickets, no court.

If you were detained and had the alcohol test at a police station you will have to mention this and attach a police report showing the alcohol level being below 80.

 

[jckailun]

If you were detained and had the alcohol test at a police station you will have to mention this and attach a police report showing the alcohol level being below 80.

I wasn’t detained. The police kind of set a station to spot check the cars passing by at a roundabout. I took the breath test and they let me go. Nothing was given to me . I’m not Portuguese nor do I live there. I don’t have access to police reports.

 

[LifeDreamer]

Ok in this case you don't have to mention anything. You should answer no to any question related to criminal history.

 

[jckailun]

Ok in this case you don't have to mention anything. You should answer no to any question related to criminal history.

Thank you so much. Finger crossed and waiting for approval!

 

[sarvesh90]

Guys,

I have a similar question. My clearance certificate from the FBI came back with 1 arrest record which says: 1 charge of DUI.

2 years ago, I got pulled over for driving with slightly tinted windows and driving a new car (no plates, registration sticker was in front). It was Halloween night and I had had a couple of drinks.

The officer took me to Sheriff's office for BAC test and under protocol had to put me in handcuffs. But I was only "charged" with a DUI. Never had to go to court, my lawyer convinced the District Attorney to dismiss the case even before it went to court because the case wasn't even strong enough for conviction. So there is no conviction, no fines, no court, nothing.

Do i need to file a petition in LA county to expunge my arrest record? Or it should not matter ?

 

[LifeDreamer]

Guys,

I have a similar question. My clearance certificate from the FBI came back with 1 arrest record which says: 1 charge of DUI.

2 years ago, I got pulled over for driving with slightly tinted windows and driving a new car (no plates, registration sticker was in front). It was Halloween night and I had had a couple of drinks.

The officer took me to Sheriff's office for BAC test and under protocol had to put me in handcuffs. But I was only "charged" with a DUI. Never had to go to court, my lawyer convinced the District Attorney to dismiss the case even before it went to court because the case wasn't even strong enough for conviction. So there is no conviction, no fines, no court, nothing.

Do i need to file a petition in LA county to expunge my arrest record? Or it should not matter ?

You have to disclose all your prior police/judicial records everywhere in the world, even if they don't appear on your police certificate.

Regarding your previous DUI case, and assuming there were no other encounters with the law, here are my remarks for you:
- Driving with slightly tinted windows and without license plates is not an issue at all.
- Driving under the influence could only be an issue if your BAC test showed you were above 80, since this would be an objective evidence that can lead them to believe you committed the offense. However since your charges were withdrawn this will make you admissible assuming there were no conditions placed on you to earn this and no alternative sentence/driving school ..etc was taken by you in exchange for dropping the charges. Your court papers should include the reason why the DA withdrew the charge and a favorable outcome would not say you settled for something or accepted a deal of any sort.

You can fly or drive to Canada anytime you like however since your FBI police records only indicate you were charged with DUI, you may be refused entry simply because the officers don't have access to the details about your case and they will have to assume you were convicted. You can either take certified copies of your court documents with you or you can ask the police to update your FBI records to show that charges were dropped, that way you can pass through passport control without much troubles.

For immigration into Canada you have to disclose you were arrested and charged for DUI and attach certified court documents. Not much else is different.

Regarding expungement Canada does not recognize expungements in California, but that doesn't matter to you since you were not convicted in the first place. It's just a matter of sealing the public record for your own privacy.

 

[sarvesh90]

You have to disclose all your prior police/judicial records everywhere in the world, even if they don't appear on your police certificate.

Regarding your previous DUI case, and assuming there were no other encounters with the law, here are my remarks for you:
- Driving with slightly tinted windows and without license plates is not an issue at all.
- Driving under the influence could only be an issue if your BAC test showed you were above 80, since this would be an objective evidence that can lead them to believe you committed the offense. However since your charges were withdrawn this will make you admissible assuming there were no conditions placed on you to earn this and no alternative sentence/driving school ..etc was taken by you in exchange for dropping the charges. Your court papers should include the reason why the DA withdrew the charge and a favorable outcome would not say you settled for something or accepted a deal of any sort.

You can fly or drive to Canada anytime you like however since your FBI police records only indicate you were charged with DUI, you may be refused entry simply because the officers don't have access to the details about your case and they will have to assume you were convicted. You can either take certified copies of your court documents with you or you can ask the police to update your FBI records to show that charges were dropped, that way you can pass through passport control without much troubles.

For immigration into Canada you have to disclose you were arrested and charged for DUI and attach certified court documents. Not much else is different.

Regarding expungement Canada does not recognize expungements in California, but that doesn't matter to you since you were not convicted in the first place. It's just a matter of sealing the public record for your own privacy.

Thank you for the detailed and elaborate response. My BAC was under the limit. The police officer did not even take my license into custody and give me a temporary license (as is common procedure in a DUI case) and the officer never submitted my paperwork to the DMV. (He told me that since I was really nice to him during the entire process, he is going to be nice to me). I have a document from the DMV that states that "No paperwork was received in your case and hence no charges will be pressed at this time"
You are correct. There was no disposition. I have a letter from the Court stating "Based on evidence in the above referenced case, the county is NOT going to press any criminal charges against me." There was no conditions placed while withdrawing charges. No bargain plea or out of court settlement. Just case withdrawn due to lack of evidence. Plain and simple.

My questions to you are:
1. When I submit the PCCs and other documents for my PR application, I will submit a scanned copy of the court letter that says charges were withdrawn and the DMV letter. I have also heard about a Letter of Explanation that would briefly describe what happened. Do you recommend that? If yes, is there a specific format or template?
2. Provided my PR gets approved and I travel to Canada, you said I might get questioned at the port of entry? In that case, would those 2 documents (court letter and DMV document) suffice?

 

[LifeDreamer]

Thank you for the detailed and elaborate response. My BAC was under the limit. The police officer did not even take my license into custody and give me a temporary license (as is common procedure in a DUI case) and the officer never submitted my paperwork to the DMV. (He told me that since I was really nice to him during the entire process, he is going to be nice to me). I have a document from the DMV that states that "No paperwork was received in your case and hence no charges will be pressed at this time"

If your BAC level was under 80 then you have nothing to worry about. Your case becomes nothing more than just worthless paper included in your application.

1. When I submit the PCCs and other documents for my PR application, I will submit a scanned copy of the court letter that says charges were withdrawn and the DMV letter. I have also heard about a Letter of Explanation that would briefly describe what happened. Do you recommend that? If yes, is there a specific format or template?

You will need current FBI certificate, current California police certificate and certified court documents. I would also recommend getting a police report about your arrest mentioning BAC test being negative to completely negate any grounds to believe you committed the offense.

DMV records are not necessary and don't mean anything to IRCC in your case. Likewise you do not have to explain anything to the officer and you should not include any further details than in the lines of "I was arrested in city XX on this date XX and charged with DUI California statute X section X ..etc. Charges were withdrawn on date XX for XX reason and no further action is pending." It should fit in any detail box although if you're applying for Express Entry this needs to be uploaded as form 5669.

2. Provided my PR gets approved and I travel to Canada, you said I might get questioned at the port of entry? In that case, would those 2 documents (court letter and DMV document) suffice?

I am assuming you are American in this case if you travel to Canada at this time you will pulled aside in secondary and questioned about your FBI record, and then you will possibly be admitted the first time on a TRP, or you will be offered to withdraw your application to enter Canada because they have no indication you were acquitted.

If you become a PR you will not be questioned about it at all in your normal travel going in and out of Canada but in your landing the first time you will be asked again if you have any arrests, charges in which you simply re-iterate what has already been mentioned in your PR application.

Welcome to Canada!

 

[sarvesh90]

If your BAC level was under 80 then you have nothing to worry about. Your case becomes nothing more than just worthless paper included in your application.


You will need current FBI certificate, current California police certificate and certified court documents. I would also recommend getting a police report about your arrest mentioning BAC test being negative to completely negate any grounds to believe you committed the offense.

DMV records are not necessary and don't mean anything to IRCC in your case. Likewise you do not have to explain anything to the officer and you should not include any further details than in the lines of "I was arrested in city XX on this date XX and charged with DUI California statute X section X ..etc. Charges were withdrawn on date XX for XX reason and no further action is pending." It should fit in any detail box although if you're applying for Express Entry this needs to be uploaded as form 5669.



I am assuming you are American in this case if you travel to Canada at this time you will pulled aside in secondary and questioned about your FBI record, and then you will possibly be admitted the first time on a TRP, or you will be offered to withdraw your application to enter Canada because they have no indication you were acquitted.

If you become a PR you will not be questioned about it at all in your normal travel going in and out of Canada but in your landing the first time you will be asked again if you have any arrests, charges in which you simply re-iterate what has already been mentioned in your PR application.

Welcome to Canada!

They never provided me any documentations that talked about my BAC level being under 80. But I was charged with 23152 (a) which is basically charging people with DUI even though their BAC was under 80.
Hence I do not have any current California police documents. Is there a way to get them? As well as a current police report? Can I just ask the Police department to provide me with the report?

Thank you about providing information on Form 5669. I will definitely do that.

 

[sarvesh90]

If your BAC level was under 80 then you have nothing to worry about. Your case becomes nothing more than just worthless paper included in your application.


You will need current FBI certificate, current California police certificate and certified court documents. I would also recommend getting a police report about your arrest mentioning BAC test being negative to completely negate any grounds to believe you committed the offense.

DMV records are not necessary and don't mean anything to IRCC in your case. Likewise you do not have to explain anything to the officer and you should not include any further details than in the lines of "I was arrested in city XX on this date XX and charged with DUI California statute X section X ..etc. Charges were withdrawn on date XX for XX reason and no further action is pending." It should fit in any detail box although if you're applying for Express Entry this needs to be uploaded as form 5669.



I am assuming you are American in this case if you travel to Canada at this time you will pulled aside in secondary and questioned about your FBI record, and then you will possibly be admitted the first time on a TRP, or you will be offered to withdraw your application to enter Canada because they have no indication you were acquitted.

If you become a PR you will not be questioned about it at all in your normal travel going in and out of Canada but in your landing the first time you will be asked again if you have any arrests, charges in which you simply re-iterate what has already been mentioned in your PR application.

Welcome to Canada!

Also, Form 5669 talks about people that have been convicted for any crime or felony. I have not been. I dont think I need to fill that out. Am I correct?

 

[LifeDreamer]

They never provided me any documentations that talked about my BAC level being under 80. But I was charged with 23152 (a) which is basically charging people with DUI even though their BAC was under 80.
Hence I do not have any current California police documents. Is there a way to get them? As well as a current police report? Can I just ask the Police department to provide me with the report?

They don't provide you anything unless you request it. Only what they are legally obligated to provide you such as charging document is given to you without requesting it.

You get the California police certificate by following the process here:
https://oag.ca.gov/fingerprints/visaimmigration

I have no idea how you can get a police report in your area. You can ask a local lawyer in LA or you could inquire from a police station.

 

[LifeDreamer]

Also, Form 5669 talks about people that have been convicted for any crime or felony. I have not been. I dont think I need to fill that out. Am I correct?

No. Everyone applying to immigrate to Canada has to fill out this form.