Out of status/Misdemeanor charge in USA

[tony_adams]

Hi All,
I am currently out of status in US and have a misdemeanor charge for "solicitation of prostitution" in 2004(which is now expunged). I do qualify under 38 job list and getting minimum required points. 'Am I still eligible to apply for PR in Canada or will it be rejected do to the charge I have on my record, please let me know.

-Tony

 

[rupeshhari]

What does expunged mean? does it mean you are deemed rehabilitated or does it mean that it won't be on your record.

I don't know the answer to your question but i think your answers is found on the forum. I have see others asking about application while having a record on their name. There is also others asking about out of status in the US while applying.

 

[links18]

If the charge was expunged then it is no longer officially "on your record" and won't show up on state or FBI criminal background checks. Generally, charges are only expunged if you were found not guilty, the charges were dropped or otherwise not prosecuted. You should double check, because a lot of people think charges have been expunged, but in fact they have not. You generally have to take the initiative to apply to the court to have them expunged; the record won't go away on its own, just because you were acquitted or the charges were dropped. However, if I remember correctly, the application for immigration to Canada doesn't ask if you were ever convicted of a crime, it asks if you have ever been arrested, charged or otherwise detained. You should probably check with an attorney to get some advice on how to answer that question. No need to admit to it if you don't have to, but the consequences for failing to admit to it if required could be severe.

 

[ADA]

Why dont you spend about $ 100 and get both FBI and State police clearence certificates.
If it shows no record, then no worries.

 

[tony_adams]

Hi Friends,

Thank you very much for the comments.

I pled "No Contest" to my charge and was given 1 year probation, rite after the probation period was complete, I have applied for expungement of the record thru a district attorney and was granted the same. Attorney told me that, if on any forms(like job etc) if they ask me if I was ever convicted of any crime, I can answer "NO" since the record is expunged, but always answer "YES" to the arrest record which will be there for ever. So I am not sure how canadian immigration will look at it? I believe "solicitation of prostitution" is considered as "summary conviction" and there is only mention of two or more "summary convictions" in the faqs but no mention of one summary conviction.

I would want to hire an attorney, but doing my preliminary research to find out if I am eligible or not.

All your help is appreciated!!!

Sincerely,
tony