PNP nomination with Conditional Discharge (Assault SEC 266 CC)

[Theloner]

Hi all,
I am just a newbie here, back in 2019 i had a fight with my girlfriend and received Conditional Discharge with 1 year probation for domestic violence as she was looking for restraining order. Recently i applied work permit extension due to my passport expiry I already have Work permit AOR i believe but didn't received a physical copy yet. And also i applied for PR under BC PNP International post Graduate paper based application. Back in April 2020, Recently IRCC asked mw to do PCC check as i mentioned my arrest to them. My RCMP finger print police certificate shows my positive match and it clear showing my charge ASSAULT SEC 266 CC on page 1 and next page it gives information such as Fail to comply recognizance or undertaking SEC 145(3) CC -Stay of proceedings on page 2
.i have received AOR already for my PR application. Just to be in a safe side , do i still need to worry about not getting PR ? AS My lawyer told me that its not going to affect my status in canada and my PR process back in 2019. But i m confused now and looking for urgent advice
Thank you kindly
-theloner

 

[k.h.p.]

If your criminal record includes "failure to comply with a recognizance or undertaking," it means someone things you violated the terms of your release or conditional discharge which is likely a very big problem.

You also posted this twice; you should only post it once.

 

[Theloner]

If your criminal record includes "failure to comply with a recognizance or undertaking," it means someone things you violated the terms of your release or conditional discharge which is likely a very big problem.

You also posted this twice; you should only post it once.

Sorry about it.
It doesn't say that failureto comply.
I posted twice cause i am little bit nervous and stressed out a lot. Also my post i falls into both categories 1. International students and 2. pnp nomination.

I don't know what should i do now my case lawyer keep telling me that it shouldn't not affect my status in canada as i don't have a criminal record.

But it's been a while. Although i have application number for PR application. I believe that meant nothing.

 

[k.h.p.]

Sorry about it.
It doesn't say that failureto comply.
I posted twice cause i am little bit nervous and stressed out a lot. Also my post i falls into both categories 1. International students and 2. pnp nomination.

I don't know what should i do now my case lawyer keep telling me that it shouldn't not affect my status in canada as i don't have a criminal record.

But it's been a while. Although i have application number for PR application. I believe that meant nothing.

If this happened in 2019 and you got your 1 year conditional discharge in 2019, you should be discharged - there should be no record. You mentioned fail to comply at first, which would be a reason why you'd still have it on your record.

Here's the short answer: if you are fully discharged, this is not an issue. If you have not met your full conditions for discharge, this is a serious issue.

You're paying a lawyer to help you, so ask the person you're paying for more details.

 

[Theloner]

If this happened in 2019 and you got your 1 year conditional discharge in 2019, you should be discharged - there should be no record. You mentioned fail to comply at first, which would be a reason why you'd still have it on your record.

Here's the short answer: if you are fully discharged, this is not an issue. If you have not met your full conditions for discharge, this is a serious issue.

You're paying a lawyer to help you, so ask the person you're paying for more details.

The second page of my fingerprint record says this
1st page shows the type of charges which is
"ASSAULT SEC 266"

and 2nd page give more

"Fail to comply recognizance or undertaking SEC 145(3) CC -Stay of proceedings"

During my restraining period before the court decided to give me conditional discharge, my EX GF called me and wanted to meet me as she was feeling guilty and i met her that day and that day I got caught for breaching the restraining order, that's all prior to COURT decision, then I got released again they mentioned something about $500 will be charged and I will be put on JAIL if I breach it again, maybe that's why it's showing like this. I am confused, but that all happen before Court decided to give me 1-year probation with counselling.
I was trying to reach my lawyer but for a week now I couldn't get a hold of her. The last time she told me that I am worrying too much i should get an Immigration lawyer.

 

[k.h.p.]

The second page of my fingerprint record says this
1st page shows the type of charges which is
"ASSAULT SEC 266"

and 2nd page give more

"Fail to comply recognizance or undertaking SEC 145(3) CC -Stay of proceedings"

During my restraining period before the court decided to give me conditional discharge, my EX GF called me and wanted to meet me as she was feeling guilty and i met her that day and that day I got caught for breaching the restraining order, that's all prior to COURT decision, then I got released again they mentioned something about $500 will be charged and I will be put on JAIL if I breach it again, maybe that's why it's showing like this. I am confused, but that all happen before Court decided to give me 1-year probation with counselling.
I was trying to reach my lawyer but for a week now I couldn't get a hold of her. The last time she told me that I am worrying too much i should get an Immigration lawyer.

Well, if you breached the conditions of your discharge, you've failed to comply. That may likely cause you problems.

Receiving a sentence of probation with counselling is not a discharge and this may make you criminally inadmissible. But you need a lawyer. I could be wrong.

 

[Theloner]

Well, if you breached the conditions of your discharge, you've failed to comply. That may likely cause you problems.

Receiving a sentence of probation with counselling is not a discharge and this may make you criminally inadmissible. But you need a lawyer. I could be wrong.

I breached that temporary conditions order which was placed not to contacts or communicate with her order before court decide to give me Conditional Discharge and 1 year probation. It is just that she called me during the time while both of us waiting for a court date. And she wanted to take the charges out but RCMP pushed her to keep the charges or RCMP might charge her instead for wasting their time as per her conversation during that meet up.
That's it, during the probation i haven't breached any conditions.
As i am new to this finger print record check thing, i got confused. And started worrying too much. If needed you can suggest a immigration lawyer. I can altleast pay a visit.

 

[k.h.p.]

I breached that temporary conditions order which was placed not to contacts or communicate with her order before court decide to give me Conditional Discharge and 1 year probation. It is just that she called me during the time while both of us waiting for a court date. And she wanted to take the charges out but RCMP pushed her to keep the charges or RCMP might charge her instead for wasting their time as per her conversation during that meet up.
That's it, during the probation i haven't breached any conditions.
As i am new to this finger print record check thing, i got confused. And started worrying too much. If needed you can suggest a immigration lawyer. I can altleast pay a visit.

Your criminal record says failure to comply; I don't know why you're arguing with me.

This forum is hosted by an immigration law firm. Give them a call. Not sure how you missed that big logo at the top and the phone number at the bottom.

 

[k.h.p.]

Your criminal record will also tell you the disposition of the charges. That should also somewhat guide you.

 

[Theloner]

Your criminal record will also tell you the disposition of the charges. That should also somewhat guide you.

Disposition section says
"Conditional Discharge & probation 1 year"

 

[Alalac]

Instead of asking questions here to people who dont understand your situation or never had a situation like that and will make you feel more stressed, look for a second lawyer and ask their opinion

 

[Alalac]

You can also click the magnifier at the top of the page and type probation.. you will find lots of results with that word and try to find a situation that looks like yours

 

[Theloner]

You can also click the magnifier at the top of the page and type probation.. you will find lots of results with that word and try to find a situation that looks like yours

yes, I am looking for one too. no one is available. The latest i can see is November 3rd