what is the difference between "committed" and "convicted" of a criminal offence

[chino.estacio]

"If you were convicted of or committed a criminal offence outside Canada, you may overcome this
criminal inadmissibility
• by applying for rehabilitation, or
• you may be deemed to have been rehabilitated if at least ten years have passed since you
completed the sentence imposed upon you, or since you committed the offence, if the
offence is one that would, in Canada, be an indictable offence punishable by a maximum
term of imprisonment of less than ten years.
If the offence is one that would, in Canada, be prosecuted summarily and if you were
convicted for two (2) or more such offences, that period is at least five (5) years after the
sentences imposed were served or to be served."

what is the difference between "committed" and "convicted" of a criminal offence?

 

[PMM]

Hi

"If you were convicted of or committed a criminal offence outside Canada, you may overcome this
criminal inadmissibility
• by applying for rehabilitation, or
• you may be deemed to have been rehabilitated if at least ten years have passed since you
completed the sentence imposed upon you, or since you committed the offence, if the
offence is one that would, in Canada, be an indictable offence punishable by a maximum
term of imprisonment of less than ten years.
If the offence is one that would, in Canada, be prosecuted summarily and if you were
convicted for two (2) or more such offences, that period is at least five (5) years after the
sentences imposed were served or to be served."

what is the difference between "committed" and "convicted" of a criminal offence?

1. convicted is by judge or courts, committed, an example would be in the UK they have cautions, this is where you commit an offence but you are not required to attend court, a senior police then issues a caution telling you to behave yourself in future. You sign the caution acknowledging that you committed the offence.

PMM

 

[chino.estacio]

so if i was formerly arrested and charged but my charges were dropped and i was acquitted, im not either convicted or Committed a crime right? so im not eligible to get rehab for canadian visa?

 

[PMM]

Hi

so if i was formerly arrested and charged but my charges were dropped and i was acquitted, im not either convicted or Committed a crime right? so im not eligible to get rehab for canadian visa?

No, if you were not convicted, then you don't require Rehab.

PMM

 

[chino.estacio]

thank you so much!

 

[sahil@2122@]

Hi



No, if you were not convicted, then you don't require Rehab.

PMM

hi i am not convicted of any crime i arrested and later charges withdrawn .. it will effect me when i apply for PR of canada

 

[sahil@2122@]

make sure u declare it in your PR application. if you be honest in your application and come out clean there should not be a problem.

i have one more question if you help me out ... like i already applied for my fingerprints destruction .. if they destroy then i dont have any criminal record right ???

 

[Laurahd]

Just want to clarify. A crime committed outside of Canada, even if it was not convicted (discharged or pardon) must be declared as an examination will be done by the CIO to confirm your admissibility. That's because the offence must be compared to a similar offence and its punishment in Canada. Example: certain DUI in the USA may qualify as a misdemeanour however in Canada, since December 2018, it may be considered a serious crime. Therefore, it will be considered an indictable offence here whereas in the USA it could be a summary. Everything must be declared otherwise you can be found inadmissible on grounds of misrepresentation (A40).

 

[Laurahd]

hi i am not convicted of any crime i arrested and later charges withdrawn .. it will effect me when i apply for PR of canada

It is relevant. You must declare it. The best is to take the services of an immigration lawyer or consultant who will assist you in preparing your application. A good lawyer/consultant will know which question to ask in order to assess your admissibility to tell you what to expect. Final assessment is always done by the BSO at POE.

 

[sahil@2122@]

thank you .. but i am in canada ... and my application is in process ... i already send the copy of court to them ... i an worried now .. i didnot get any rply from them ...

 

[Laurahd]

thank you .. but i am in canada ... and my application is in process ... i already send the copy of court to them ... i an worried now .. i didnot get any rply from them ...

Even if you were approved for any immigration application, if an officer has reasonable grounds to believe that you may be inadmissible, you could get a hearing convocation. I don't know the full story or what application is in process but my point is even someone who is a landed immigrant or PR, can have to prove their admissibility if they found themselves in that situation. Remember that the burden of proof always fall on the applicant; therefore, it's on you to satisfy the officer that there are no reasons, including provisions in the law, to find you inadmissible.

 

[sahil@2122@]

Even if you were approved for any immigration application, if an officer has reasonable grounds to believe that you may be inadmissible, you could get a hearing convocation. I don't know the full story or what application is in process but my point is even someone who is a landed immigrant or PR, can have to prove their admissibility if they found themselves in that situation. Remember that the burden of proof always fall on the applicant; therefore, it's on you to satisfy the officer that there are no reasons, including provisions in the law, to find you inadmissible.

i applied in international student stream .. and i got PNP .. then i applied for federal paper file .. and my charges are assualt .. its just argument. .. with my gf .. and i did not do ant upfront work .. my charges withdrawn by court .. now i applied for my fingerprints destruction ..i am waiting for this ... i send my court orders showing charges withdrawn to immigration..

 

[Laurahd]

i applied in international student stream .. and i got PNP .. then i applied for federal paper file .. and my charges are assualt .. its just argument. .. with my gf .. and i did not do ant upfront work .. my charges withdrawn by court .. now i applied for my fingerprints destruction ..i am waiting for this ... i send my court orders showing charges withdrawn to immigration..

So you applied un EE PNP? Had you answer correctly in the form when asked about previous offences? Or you are sending it to them after they contacted you with a request? I don't know how long it takes, but I'm assuming it was in Canada? First off, I wouldn't it's just an argument, as there is such thing as verbal assault and even arguments can lead to much more. But regarding your situation, I'm not sure what you're asking. Are you asking if they will refuse your PR application? This no one can tell. Are you asking about the process of fingerprints destruction? Or rehab in Canada? The only rehab in Canada is record suspension (previously known as pardon) and you can apply for it after 5 years. This is done by PBC, not RCMP. If you were never convicted, you can apply for destruction like you did.

Non-conviction information
Non-conviction information refers to information on an individual who has been charged with a crime but not found guilty or convicted. This includes charges that were withdrawn or dismissed.

An individual's file in the National Repository of Criminal Records may include conviction and/or non-conviction records in accordance with legislation, including the Identification of Criminals Act, the Youth Criminal Justice Act and the Criminal Records Act and other applicable laws.

Non-conviction information is kept in the National Repository of Criminal Records until the individual formally requests its destruction, receives a record suspension, or until the individual reaches the age of 125.

Making a request for the destruction of non-conviction information
To make a request for the destruction of non-conviction information, you must apply to the police service that laid the original charge. If the police approves the request, it will then contact the RCMP's Canadian Criminal Real Time Identification Services (CCRTIS) to request the destruction of the non-conviction information from the National Repository of Criminal Records.

CCRTIS may refuse to destroy the non-conviction information if there are compelling reasons to deny the request. You can appeal this decision by CCRTIS by sending a letter to:

Director General
Canadian Criminal Real Time Identification ServicesRCMP, NPS Bldg.1200 Vanier ParkwayOttawa, OntarioK1A 0R2

Requests to have the above records destroyed within the five-year period should be supported by additional information, such as Crown proceedings, police services records, and/or court documents.

https://www.rcmp-grc.gc.ca/en/managing-criminal-records