Criminal Offense
- Thread starter Akash2040
- Start date
Even though it was a criminal charge in a university court, I was still given a police clearance from that country. The matter was never taken to an outside court or police station, hence me receiving the police clearance. Doesn't having a police clearance mean that the person has no criminal record in that country?
If you received Police Clearance Certificate genuinely then you are good to go. No need to worry.
I will need the following information to give you an accurate assessment of your admissibility and disclosure obligations:
- Whether or not you have been physically arrested, detained or incarcerated for this offense or at any time during the proceedings,
- Whether you have admitted any wrong doing on your behalf or admitted any sufficient elements of the offense in any written or spoken form,
- Whether the court procedure entitles you to an appeal to a higher justice court as written policy and this right has not been waived by you,
- and of course, the nature and circumstances regarding your offense in addition to the language of the university code concerning the violation.
This is incorrect. A clear police certificate does not guarantee that you would be admissible to Canada and does not relieve you from the obligation to disclose relevant information on your application.
Hello. Thank you for your reply.
* I was never physically arrested, detained or incarcerated at any time for this offense.
* The offense was being found guilty of having THC in my system. The active ingredient in marijuana. I admitted to the offense and was fined by the university court and told to do tests for the duration of my studies, which I passed.
* I did not appeal to any higher court as this was an university matter and it was not severe. I was NEVER found in possession of any marijuana. I took marijuana at a party only once.
* I still received a police clearance certificate from the country of origin which proves that I do not have any criminal record. An university court as I far as i know is an institutional entity and doesn't fall under any judicial category in the country of origin. I may be wrong, but since I received a police clearance, I am not sure exactly what the issue would be.
* I was never physically arrested, detained or incarcerated at any time for this offense.
* The offense was being found guilty of having THC in my system. The active ingredient in marijuana. I admitted to the offense and was fined by the university court and told to do tests for the duration of my studies, which I passed.
* I did not appeal to any higher court as this was an university matter and it was not severe. I was NEVER found in possession of any marijuana. I took marijuana at a party only once.
* I still received a police clearance certificate from the country of origin which proves that I do not have any criminal record. An university court as I far as i know is an institutional entity and doesn't fall under any judicial category in the country of origin. I may be wrong, but since I received a police clearance, I am not sure exactly what the issue would be.
In Canada you can be penalized for possession of marijuana but not for simply having THC in your system, and even that is set to be decriminalized sometime later this year. Your offense and conviction does not have an equivalent in Canada and therefore you are admissible.
Since your court proceedings were of a quasi-criminal type (civil proceedings within a corporate entity), and you were not actually charged or tried with any penal statute in your country of residence you may answer no to questions about ever having been arrested, charged, convicted for a crime or offense. However you have to answer yes to ever having committed an offense if there is a an offense in your country's penal statutes for simply having THC in one's system, which I find very unlikely. Also, border agents at points of entry sometimes ask if you ever had marijuana and when was the last time you took marijuana ..etc and I recommend that you answer honestly as this will not affect you in any way.
On a different side, you should know that you are inadmissible to the US. If you ever admit this offense to US agents or if the US learns about your case you will be permanently barred from the US.
Actually you do.
You enter into an agreement with the Canadian government to voluntarily disclose your past any everything private or confidential in your life that is relevant to your application, even if it does not affect it. This includes medical conditions, juvenile records, an annulled marriage or even a child given up for adoption. This is a contract that remains in effect for the rest of your life, and so if you don't disclose you risk revoking your status as a citizen later in life.
If the matter in question can not affect your eligibility in any way then it is pretty dumb not to disclose it since you put yourself at risk in return for no benefit.