Question regarding criminal history on background declaration form

[mrmarbles]

Hi all-

This is a question I probably already know the answer to, but I wanted to get the thoughts of more experienced posters on this.

Although I've completely cleaned up my act, I had some wilder moments several years ago, and at one point was arrested for public intoxication and was detained overnight, as is the norm, in order for me to dry out. That resulted in nothing more than a ticket and a $100 fine. A second time I was hospitalized after a car accident and charged with DUI, but the charges were dropped/nolle prosequi and there were no further issues with this because the prosecution couldn't prove that I was actually intoxicated at the time of the accident.

So my question is this: how do I answer the two questions that ask if I've "been convicted of....a crime or offence" and "been detained or put in jail?"

Technically, I've been charged and convicted of "public intoxication" and "improper driving," but those are misdemeanors and nothing more than ticketable offenses (like one step above a speeding ticket or running a stop sign). Yes, I've been detained, overnight as part of the public intoxication charge, but not as part of a conviction or anything.

I don't want to answer too honestly and potentially screw the whole process up, but I also don't want to withhold relevant information. Any thoughts? Thanks in advance.

 

[MandiF]

I suggest you tell the truth, the full truth, as if they find out these things later and think you have hidden them, then they'll wonder what else you have hidden and not trust you.

Include a full explanation as well information on how/why you have cleaned up your act - might also be worth getting references to show that you are of good character now, and not likely to spend the night in jail!

 

[djboinsk]

Do not answer the question until you get your state and FBI checks back in the mail. If they are clear you can answer no. We had a very similar situation and I was told by a very repuatble member here to do just this. Everything has been fine with no problems.

 

[mrmarbles]

Wow, two totally different answers, but that still helps a lot.

I think I'll wait until I see what my records look like, but will be as honest as possible. My biggest concern is the charge of DWI that was noelle prosequi. I have letters I can get from several people showing how I've changed, so I hope it won't be a problem.

 

[arron]

Well, the first question you can answer truthfully No, since you have never been convicted of a crime. The second offense, you could answer truthfully or you could wait for your FBI check to come back, but really you might want to think about being completely honest there, I don't think being detained for a crime where the charges were later dismissed could be grounds for refusing your application at all.
However if CIC finds out you have lied on your application, they will most certainly refuse you, doesn't matter what your criminal record looks like.

 

[arron]

Sorry, just re-read your post and saw that you were convicted of public intoxication and improper driving, but again I would be completely honest, you don't have to tell them you were charged but not convicted of the DUI, but I would definitely fess up to the misdemeanor charges, this doesn't seem like anything serious enough to deny your application.

 

[mrmarbles]

Thanks for the help everyone. Going to see what my fbi/state reports look like then decide how to fill it out. Im definitely not trying to conceal anything, so hopefully a good faith effort to be honest will count for something.

 

[JimM]

I'd wait to see what the actual reports look like before I answered that because you can show up as having a record even if you were never convicted. I found out the hard way that Massachusetts lists you as having a record even if you've never been convicted, as long as you've been arraigned you have a criminal record there. Other states may well do the same...

I've live on the border for most of the last 15 years and had crossed over probably a couple of hundred times going to Toronto and Saint Catherine's without a problem, but the first time I went to meet my future in laws I got stopped at the North Dakota border for "criminal ineligibility". Everything got sorted out in the end and I was allowed to enter Canada but you should definitely look into the process for criminal rehabilitation and have the need explanations written out and ready just in case.