Police Verification

[anuragg]

Hi,

Can I have your views on my criminal record?

Here's what happened.
I was arrested for assault at detention center on suspicion of hitting a female.
I was released after 10hrs as the female gave statement in my favor, stating that I am a good person and did not assault her. They took my picture finger print and palm scans.
My release terms were:
1. Promise to appear in court a month after.
2. Restraining orders on me for a month.

However,
The public prosecutor dropped my case a few days after my release(I wasn't informed), and when I went to court room my name was not on their list. A lawyer from court room checked their system and let me go just by stamping my order paper as I promised to appear.

What is your look out on this? I will be applying for express entry soon. How this could affect my profile?

 

[k.h.p.]

You need to get verification as to whether or not you were officially charged. That is a question on every application - have you ever committed, been charged with, or convicted of a crime.

 

[dotslash227]

Hi,

Can I have your views on my criminal record?

Here's what happened.
I was arrested for assault at detention center on suspicion of hitting a female.
I was released after 10hrs as the female gave statement in my favor, stating that I am a good person and did not assault her. They took my picture finger print and palm scans.
My release terms were:
1. Promise to appear in court a month after.
2. Restraining orders on me for a month.

However,
The public prosecutor dropped my case a few days after my release(I wasn't informed), and when I went to court room my name was not on their list. A lawyer from court room checked their system and let me go just by stamping my order paper as I promised to appear.

What is your look out on this? I will be applying for express entry soon. How this could affect my profile?

You haven't told us about your jurisdiction. Different jurisdictions have different procedures and laws. Please consult a lawyer.

 

[anuragg]

Its Montreal Police.

 

[k.h.p.]

So you were already in a detention centre and then arrested.

Why were you in a detention centre?

Were you charged and the charges then dropped? Or were they indefinitely stayed?

Do you have paperwork to prove this?

 

[anuragg]

So you were already in a detention centre and then arrested.

Why were you in a detention centre?

Were you charged and the charges then dropped? Or were they indefinitely stayed?

Do you have paperwork to prove this?

No, I wasn't at detention center already, I was taken there and then released after 10hrs. I can say that my file is deleted from police record as per what they said back then. I am not sure on this, that I was charged and then charges were dropped. But there was no complaint or statement against me. Infact the statement was in my favor that I can not do this.

 

[k.h.p.]

No, I wasn't at detention center already, I was taken there and then released after 10hrs. I can say that my file is deleted from police record as per what they said back then. I am not sure on this, that I was charged and then charges were dropped. But there was no complaint or statement against me. Infact the statement was in my favor that I can not do this.

You need documentation of this.
You were charged, so you have to include that in any application where you are asked if you have committed, been charged with, or convicted of a crime. You will then need to explain that the charges were dropped.
You don't want IRCC to find out you were charged and make you explain it later when they are ready to refuse you.

 

[anuragg]

So, I just checked with police and they said I wasn’t charged. The arrest was on suspicion.

 

[k.h.p.]

Then you're in a much better place.

 

[dotslash227]

However, when asked that were you arrested or not, you would have to answer 'yes' and then provide a explanation to it.

 

[k.h.p.]

However, when asked that were you arrested or not, you would have to answer 'yes' and then provide a explanation to it.

Arrested is not typically one of the questions asked - the question is typically "Have you ever committed, been charged with, or convicted for a crime"

 

[anuragg]

Thanks both of you for spending time on this. Just to be sure, my answer to that question in application would be simply No or Never?

 

[k.h.p.]

As long as the question does not ask if you have been arrested, and as long as you did not commit assault, you can answer no. But have documentation in case IRCC finds out about this and asks.