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Would a dismissed criminal traffic charge constitute an inadmissibility prohibition?

canuk5435

Newbie
Jan 9, 2025
1
0
I have a dismissed criminal traffic charge in the US (speeding, dismissed to civil infraction) from 2022. I'm coming up on applying for my citizenship application.
I already pulled my FBI rap sheet and nothing shows (our guess is because no fingerprints were taken, only a pink slip and released - either that, or that state doesn't share FBI records).

I already consulted 5 well established criminal+immigration lawyers. They have diverging opinions in regards to the equivalency of the act committed abroad. 2/5 dismissed it as equivalent to a Highway traffic offence. The remaining 3 didn't weigh in one way or another and just shrugged (mostly due to the wording of the statute/police report). Almost all refused to comment on the process of criminality during the citizenship application.

I understand that I would be applying in an extra stringent environment for immigration in general (given refusals are skyrocketing lately).

We know that IRCC/CBSA will run at least several name-searches through NCIC, which in theory will come back blank? Do border states share records directly with IRCC?

Note that I'm trying to keep the conversation around the process of criminality on the citizenship application, and to keep the equivalency out of scope unless it's deemed essential.

cc. @dpenabill @Ponga @scylla
 

xf2278389393

Star Member
Aug 27, 2023
78
42
If it was dismissed, you don't have a conviction and no pending charges. A civil infraction in the US is a civil matter and is kind of like a Canadian admistrative monetary penalty, no an offence. The equivalency of the offence doesn't matter in this case.

Keep the opinion letters that said the original charges were provincial offences just in case but again, since it was dismissed and dealt with as a civil matter, from the point of view of Canadian law, there was no offence.