Is Criminal Rehabilitation Necessary?

[JRob32]

Looking for advice on whether we should apply to have my husband deemed criminally rehabilitated?:

- juvenile adjudication (NOT a criminal conviction) in the USA for sexual assault as a 16 year old. This is not on his record as an adult.

- 2006 DUI arrest that he was found not guilty of and the case was dismissed.

- marijuana possession charge from 2010 for less than 7 grams. No jail time, just a $600 fine.

- class C misdemeanour from 2016 for possession of drug paraphernalia (rolling papers) which is NOT a criminal offence in Canada. Punishment was a $500 fine.

Based on what I’ve read, none of the above makes him inadmissible. Would there be any benefit to applying for criminal rehabilitation anyhow? I feel it is not necessary but would like opinions.

 

[k.h.p.]

You may wish to speak to a lawyer about the sexual assault record. I believe the test is whether or not the crime in Canada would be indictable, not whether or not it was indictable in the jurisdiction.

 

[scylla]

Looking for advice on whether we should apply to have my husband deemed criminally rehabilitated?:

- juvenile adjudication (NOT a criminal conviction) in the USA for sexual assault as a 16 year old. This is not on his record as an adult.

- 2006 DUI arrest that he was found not guilty of and the case was dismissed.

- marijuana possession charge from 2010 for less than 7 grams. No jail time, just a $600 fine.

- class C misdemeanour from 2016 for possession of drug paraphernalia (rolling papers) which is NOT a criminal offence in Canada. Punishment was a $500 fine.

Based on what I’ve read, none of the above makes him inadmissible. Would there be any benefit to applying for criminal rehabilitation anyhow? I feel it is not necessary but would like opinions.

Where there are multiple incidents, you are strongly advised to consult with a good immigration lawyer with experience in rehabilitation / criminal inadmissibility.