Getting PR with Criminal History

[Nuoming]

Hey guys, I just wanna know if there is anyone who got their PR or COPR with their spouse having a criminal history. My spouse was arrested with public intoxication 7 years ago and fortunately, the case got dismissed in the court, and now he has this registered on his police clearance certificate. I am slightly concerned about it whether it could become a reason to be rejected when we apply. /I am the principal applicant with no criminal record, and our score is 472 waiting for the FSW draw/

I'll be happy if you guys share your thoughts on this.

 

[BillyWescott]

I think it's safe to say that public intoxication is a minor offense and won't cause any problems. If that's the only offense on record. If the case was dismissed it shouldn't be on his criminal record anyway.

 

[EropbI4]

Better to check this with an immigration lawyer, and maybe proceed with rehabilitation if needed.

 

[scylla]

Hey guys, I just wanna know if there is anyone who got their PR or COPR with their spouse having a criminal history. My spouse was arrested with public intoxication 7 years ago and fortunately, the case got dismissed in the court, and now he has this registered on his police clearance certificate. I am slightly concerned about it whether it could become a reason to be rejected when we apply. /I am the principal applicant with no criminal record, and our score is 472 waiting for the FSW draw/

I'll be happy if you guys share your thoughts on this.

You'll be fine. Go ahead and apply.

 

[thevisawhisperer]

I think it's safe to say that public intoxication is a minor offense and won't cause any problems. If that's the only offense on record. If the case was dismissed it shouldn't be on his criminal record anyway.

It is, unfortunately, not at all safe to say that.
Almost every offence in the criminal code is either indictable or hybrid (can be pursued by the Crown as either a summary or indictable offence). For the purposes of criminality under IRPA, every hybrid offence is treated as though it were indictable. I think there are about 3 offences under the Criminal Code that are strictly summary offences so there is almost no such thing as a "minor offence".
But the case was dismissed and that strongly implies that there should be criminal record, yet it appears on his police clearance. Why? Is it recorded strictly as an arrest or charge?

 

[vivosvoco]

Hey guys, I just wanna know if there is anyone who got their PR or COPR with their spouse having a criminal history. My spouse was arrested with public intoxication 7 years ago and fortunately, the case got dismissed in the court, and now he has this registered on his police clearance certificate. I am slightly concerned about it whether it could become a reason to be rejected when we apply. /I am the principal applicant with no criminal record, and our score is 472 waiting for the FSW draw/

I'll be happy if you guys share your thoughts on this.

Although his case was dismissed (i.e., not convicted), he might need to disclose the arrest on the statutory question, which may slow the application process (since the IRCC can request more information). ,You might want to gather the official documents as proof just in case.

https://laws-lois.justice.gc.ca/eng/acts/C-46/section-175.html
FYI, public intoxication is punishable on summary conviction, and one such conviction won't result in inadmissibility.

 

[thevisawhisperer]

One of the 3!