So it's been almost 12 years ago that I was charged with a minor misdemeanor for poss. of pot(It wasn't a lot at all). I do not have any other criminal charges, am I automatically deemed rehabilitated? And if so what information would I need to attach with the application? I am waiting on my police certificate, would that be enough and also doing my letter of explanation.. ?
Minor Criminal Charge over 11 years ago will this affect my PR app?
- Thread starter CmDr
- Start date
I had a criminal offense as well. I submitted my application for PR Family Sponsorship through my spouse back in December 2023. I just got an email this month saying they’re in the “finalization stages,” and need to confirm basic information (unrelated to the criminal offense) in order to create a residency login for me. From what I’ve gathered here, that usually means they've decided to approve your application once you receive that kind of email. I’ll share what I did, what I submitted and how I gathered those documents. Just so you know, I did consult with an immigration attorney before sending in my application.
To answer your questions: Q1-"I do not have any other criminal charges, am I automatically deemed rehabilitated?": I’m not a legal expert, so I don’t want to mislead you. However, you may be considered rehabilitated if a certain number of years have passed since your case closed. For example, if your case closed 12 years ago, it’s reasonable to assume you are deemed rehabilitated. Q2- "And if so what information would I need to attach with the application?": Wait for your police certificate to arrive and review its contents before sharing any information with immigration. They’re only concerned with what’s on that certificate. I made the mistake of disclosing something that wasn’t included, and my attorney advised against it. Q3- "I am waiting on my police certificate, would that be enough and also doing my letter of explanation.. ?": If your charge appears on the police certificate, you’ll need to gather certified copies of relevant documents. I called the county courthouse where the charge occurred and spoke with the Criminal Court Department, explaining what I needed. They were quite helpful. If your case was expunged, request the Court Clerk to find your documents in their file warehouse, as they may not show up in their database. US courts typically keep expunged cases for 20 years. You'll also need to include a brief letter of explanation—mine was just one page—detailing what the charge is equivalent to in Canada. If it's a non-serious crime or misdemeanor, be sure to mention that in your letter.
Don’t let your charge hold you back from applying. I'm sure they consider various factors, like whether it was a violent offense, how much time has passed, and your overall history. Just make sure to provide all your court documents, even if they’ve been expunged; failing to do so could delay your application or lead to a denial. For example in my case, here’s a part of the letter I received requesting all my court documents:
"According to the police clearance certificate and the Schedule A (IMM####) that you have
provided, it appears you may have a criminal record against you in The United States. Please provide
certified copies of all court documents relating to any offence(s). These documents must indicate the
events that led to the charge(s), the statute(s) under which you were charged and the outcome/final
disposition of each charge, as well as the completion of any penalty or sentence imposed. Please
submit your own written explanation of the events along with the above requested certified copies of the
court documents."
Hope this helped and good luck!
P.S. I'll keep you posted if they send me an official approval letter.
To answer your questions: Q1-"I do not have any other criminal charges, am I automatically deemed rehabilitated?": I’m not a legal expert, so I don’t want to mislead you. However, you may be considered rehabilitated if a certain number of years have passed since your case closed. For example, if your case closed 12 years ago, it’s reasonable to assume you are deemed rehabilitated. Q2- "And if so what information would I need to attach with the application?": Wait for your police certificate to arrive and review its contents before sharing any information with immigration. They’re only concerned with what’s on that certificate. I made the mistake of disclosing something that wasn’t included, and my attorney advised against it. Q3- "I am waiting on my police certificate, would that be enough and also doing my letter of explanation.. ?": If your charge appears on the police certificate, you’ll need to gather certified copies of relevant documents. I called the county courthouse where the charge occurred and spoke with the Criminal Court Department, explaining what I needed. They were quite helpful. If your case was expunged, request the Court Clerk to find your documents in their file warehouse, as they may not show up in their database. US courts typically keep expunged cases for 20 years. You'll also need to include a brief letter of explanation—mine was just one page—detailing what the charge is equivalent to in Canada. If it's a non-serious crime or misdemeanor, be sure to mention that in your letter.
Don’t let your charge hold you back from applying. I'm sure they consider various factors, like whether it was a violent offense, how much time has passed, and your overall history. Just make sure to provide all your court documents, even if they’ve been expunged; failing to do so could delay your application or lead to a denial. For example in my case, here’s a part of the letter I received requesting all my court documents:
"According to the police clearance certificate and the Schedule A (IMM####) that you have
provided, it appears you may have a criminal record against you in The United States. Please provide
certified copies of all court documents relating to any offence(s). These documents must indicate the
events that led to the charge(s), the statute(s) under which you were charged and the outcome/final
disposition of each charge, as well as the completion of any penalty or sentence imposed. Please
submit your own written explanation of the events along with the above requested certified copies of the
court documents."
Hope this helped and good luck!
P.S. I'll keep you posted if they send me an official approval letter.
I agree with comment above to wait and see what the PCC says. Then would suggest seeing an immigration lawyer for a consult.
Since it was for possession, and a misdemeanour, it may be considered or treated as a non serious crime for which no rehabilitation is necessary.
In addition possession of small amounts of marijuana is no longer a crime in Canada and that may affect how this is treated (it may simply be ignored for this reason with no further inquiries).
Bottom line, it is unlikely this will cause any serious issues with your app, but how you handle may affect how long this all takes.
A practising immigration Lawyer should be able to give good input on how to disclose to avoid delays. Consultation will be more effective and accurate if you have the PCC. Make it clear you wish to do the application yourself (assuming you do), you just want the specific question addressed.
Ok absolutely! I figured it was over 11 years ago and it's decriminalized in Canada I wasn't to worried. We're definitely consulting with an immigration lawyer before we turn it in. I was going to call the courts and just go ahead and get certifies documents and attach it to my application so it's already there and they don't have to ask. Saves their time and any delays it may cause it the application, Thank you!
Another thing, It didn't show up on the police certificate but I still want to be open and honest with them.. It's possible they may found out eventually and that can cause problems. I have nothing to hide and I believe by showing them before they even ask shows that I have moved passed that and that i'm genuinely being honest.. I couldn't lie.
You state that you were charged, but do not indicate if you were convicted.
If you were, you must disclose this in your application, irrespective to whether or not you are now deemed to be rehabilitated. Do NOT assume that just because it may not appear on your PCC you can withhold the information. If the question asks if you have been convicted....it doesn't include "...unless it's not on your PCC".
Awesome! So, like I said, I mentioned something that wasn’t on my police certificate from 11 years ago, and my attorney told me that was a mistake. I ended up wasting immigrations time because I should have just stuck to what was on the police certificate. When I got a letter from immigration in July asking for my certified court records, they only wanted what was listed on that police certificate—not the unrelated issue from years back. Just follow your attorney's advice, and you’ll be good to go! I was fine even with a non-violent misdemeanor on mine!
I was convicted. And I did disclose. I was full open and honest with the application. Even though it didn't show on my PCC, because if i didn't that would be considered lying. I 100% agree. I even attached an explanation letter explaining the situation and if they want the court docs/more info, I'm sure they'll reach out.