Question on criminal record check

[Kess]

There is only one thing that I am worried about with my husband's application to come to Canada and that is the criminal record check. I've tried to look up as much information as I can and it seems like we shouldn't have to worry, but I'm looking for any advice possible. My husband received a DUI more then 10 years ago in California. He asked a Canadian custom's officer when he flew to Canada to see me back in 2008 and was told that it did not show on his record (and has never had an issue entering the country).

I have read that more then 5 years has to have passed in order to be rehabillitated. Would we have to file paperwork for that in his case? We are waiting for the FBI check to come back to see if it even shows up.

 

[heatherusa]

If its not in the FBI check then i would not list it as its been over 5 years and is not showing on the cumputers at customs immigration then its gone.

Do you really think that suggesting to someone that they not disclose all the truth is wise? There are some people on this forum who are not savvy enough to understand that you are not an expert and are only giving opinion, not advice.

 

[fallenstar831]

My advice, and solid sound advice... don't lie. No matter what.

From what I know, violent crimes are the only real issue.

If you lie and get caught you are screwed and can never come back from it. If you tell the truth and explain he is a changed man they will take it for what it's worth. Being 10 years ago, he can more than likely apply for a pardon and then it will not be held against him.

 

[heatherusa]

Thats why i say i would everyone on here is just giving their opinion nobody here is an expert,so if they find something more concrte then they can take that advice what advice do you have or is it just opinion

I think from what you are saying (I'm not 100% sure because of lack of punctuation) that you want to know what advice I have to provide. I am not an expert by any means, nor do I respond to every post with "you should do this" or "I would do that" in a manor that implies that I am an expert or know vast amounts of information about all immigration topics. I have tried to only supply references to experiences I have had personally as I would hate to give someone information about something that was purely conjecture on my part.

There is no need to get angry, I am just suggesting that you may not want to tell people to withhold information if you do not have the absolute knowledge to back it up.

And I apologize as I misspoke in my previous post - instead of the word 'advice', I should have said 'fact'. It should have read like this: There are some people on this forum who are not savvy enough to understand that you are not an expert and are only giving opinion, not FACT.

 

[heatherusa]

Seems that your situation is different from the OP in that you were never convicted...

By all means, continue to provide solid "advice". I was not trying to offend you - just merely stating my opinion that it is not wise to suggest that someone withhold information.

 

[tgchi13]

Don't ever lie. They will find out. It may not be now, but if a lie is told it would be reason for deportation later on.

Violent crimes are not the only issue! But honesty is - in this case, tell the truth and be aware that your husband should not be inadmissible if there has been no other criminal charge: 5 years is to apply for rehabilitation; 10 years without any further offence is 'deemed rehabilitated'.

Being charged but not convicted is not a reason for non-disclosure, all it means is that you will need to provide more information.

 

[esperando]

I agree. It's better to mention the incident and explain the situation clearly than have Immigrations questioning you for withholding information later on.
(This is just my opinion but) I think that as long as it's not on your record you shouldn't have to take extra measures (i.e. make more paperwork) to prove that it is, in fact, not on your record. Also it is to my knowledge that a DUI 10 years ago should not affect your application.

p.s. I just lol'ed cuz I noticed that half the replies are gone.

 

[tgchi13]

I would like to note that the reason to never lie (beside it being dishonest and ultimately more harmful to your application) is that it depends on who searches what and when. This is opinion based on experience.

Kess, based on the little you have said if this is your only concern you and your spouse should not have a problem.


but mainly:

http://www.cic.gc.ca/english/visit/conviction.asp#deemed

 

[Kess]

Thanks for the replies. My confusion is on the wording of "deemed rehabilitated" and just wanted to see if that meant we didn't have to apply for rehabilitation (and add an eternity to the process).

 

[tgchi13]

Deemed rehabilitated means that you won't have to apply for rehabilitation if all other criteria are met (no other and no further offences).

Good luck to you both!