Criminally Inadmissable?

[MichaeI]

I had a conviction of writing a bad check. The total was: $95.76. I paid restitution and probation was completed on 7/20/07. Does this qualify as Individually redeemed? If no, will I have a shot at crossing the border if I have all of my documentation saying that it was all satisfied?

 

[computergeek]

I had a conviction of writing a bad check. The total was: $95.76. I paid restitution and probation was completed on 7/20/07. Does this qualify as Individually redeemed? If no, will I have a shot at crossing the border if I have all of my documentation saying that it was all satisfied?

Note: I am not an attorney. If you need a legal opinion, you will need to engage the services of such an attorney. Thus, the information I'm providing is merely intended to guide you as to my understanding of your situation.

These issues are always a bit complicated because you must find the equivalent criminal act in Canadian law. In this case, writing a bad cheque is known as "false pretenses" (http://yourlaws.ca/criminal-code-canada/362-false-pretence-or-false-statement). This is an indictable offence punishable by up to 10 years in prison. As such, you are deemed rehabilitated after 10 years (so in your case July 20, 2017) or you may apply for rehabilitation after 5 years (so in your case July 20, 2012).

The safest course of action would be for you to apply for rehabilitation. http://www.cic.gc.ca/english/information/applications/rehabil.asp

Ideally, you would submit that to the appropriate visa office outside Canada and they would review your case. Based upon what you've said, it sounds likely that you would be granted rehabilitation, but it ultimately depends upon the visa officer. If you wish to attempt doing this at the border, you should be prepared to be refused entry to Canada, or to request a Temporary Resident Permit (which overcomes the criminal inadmissibility).

Good luck!