Question in regards to FBI Criminal Record Check

[TomW]

Hi -

My wife and I are applying for permanent residence in the Experience Canada class. She is the principal applicant. We've lived in Vancouver for the past 5 years and also lived here for a few years in the early 2000's. My question is this: do I have to take any additional steps in our application because I have a deferred judgment for possession of marijauna on my record? It was expunged from my record ten years ago, but I've just learned that that doesn't mean it's expunged from the FBI record. I had a record check done in the state of Iowa where it happened, and my record is clean there.

Any advice would be greatly appreciated! Thanks!!

 

[jes_ON]

Interesting question... You will have to provide the FBI clearance anyway, so you might as well order it and find out. Even it it's not on the clearance the background check might reveal it....

On Schedule A, Background Declaration, you will probably be able to answer "No" to item b), but answer "Yes" to item j), which means you will have to provide an explanation.

It appears to be a 'grey area' and it probably wouldn't hurt to seek the advice of an immigration attorney.

 

[TomW]

Thanks for the info! Just to clarify, I have already received my FBI criminal record check and it does show the deferred judgment and that it was a non-conviction.

 

[TomW]

Thanks for all the great info on this board! Does anyone else have any info or advice about my situation?

Thanks!

 

[SenoritaBella]

I agree with jes_ON's comment... I think CIC will request more information from you or the US gov't if needed.

 

[jes_ON]

The reason I think you should speak with a lawyer is that some jurisdictions may consider this a conviction anyway. And as you probably know, this could render you inadmissible ... suggest you do this before you fork over the application fee...

 

[TomW]

Ok - thanks. I will see a lawyer. Not sure if this would help, but it does say on my FBI record that it was a non conviction...

 

[jes_ON]

Ok - thanks. I will see a lawyer. Not sure if this would help, but it does say on my FBI record that it was a non conviction...

If nothing else, it should give you peace of mind if the lawyer tells you "no worries."

 

[seekingCR2]

Hi -

My wife and I are applying for permanent residence in the Experience Canada class. She is the principal applicant. We've lived in Vancouver for the past 5 years and also lived here for a few years in the early 2000's. My question is this: do I have to take any additional steps in our application because I have a deferred judgment for possession of marijauna on my record? It was expunged from my record ten years ago, but I've just learned that that doesn't mean it's expunged from the FBI record. I had a record check done in the state of Iowa where it happened, and my record is clean there.

Any advice would be greatly appreciated! Thanks!!

Hi, I am in kinda similar situation since my criminal rehab application is pending. Did you happen to apply both criminal rehab and PR at the same time? It would be great if you do share your experience. It would help me as well as others.

 

[jes_ON]

Hi, I am in kinda similar situation since my criminal rehab application is pending. Did you happen to apply both criminal rehab and PR at the same time? It would be great if you do share your experience. It would help me as well as others.

LOL, did you notice that TomW's post was from 2012?

One easy thing to do is apply for the FBI certificate and find out what it says.

 

[seekingCR2]

LOL, did you notice that TomW's post was from 2012?

One easy thing to do is apply for the FBI certificate and find out what it says.[/QUOTE

It says i have careless driving but it also indicates i was charged with DWI. Pleaded guilty and court convicted me for careless driving. I already applied for Criminal rehabilitation this month and i am wondering if i can apply for PR while my case is pending or should i wait for criminal rehabilitation then apply for PR. I don't know the consequence if i apply for PR while criminal rehabilitation is pending. Any advice would be much appreciated.