Admissibility with a Public Disturbance misdemeanour conviction

[solotak]

Hi,

I want to clarify whether i am admissable into Canada with one conviction (from the USA). I'm from Australia and travelled around california last year and hanged around the wrong crowd. I stupidly shoplifted a few small goods worth $100 and busted outside and given a yellow citation "484(c)PC - Misdemeanor.(petty theft)" from a police officer, no fingerprint taken, but he took a photo of me and my aussie drivers licence at the scene of the crime and then he left. It is first crime i have committed and i am really ashamed of my actions since it goes against my morale and character but it is a lesson well learned and i have repented my sins and seeked salvation with my Lord Jesus Christ. I served 100+ hours of community service as well as $400+ fines and waited for the next court appearance.

I had a lawyer to defend my case and first managed to get a plea bargain for a "Trespass 602(0) PC-M A". I told him if he can plea it enough to make me admissible into Canada would mean the world to me as i plan to live there. The final court date i plead to a no contest Count 3 to a PC 415(2) (Disturbing the peace by loud and unreasonable noise) with a probation of 12 months. Not sure why it is named count 3 if that is the final conviction but it seems it's just to refer the sentenced was reduced down from 2 other convictions.

So now i hope to reapply for a work holiday visa which is about to expire in october. According to the cic website "A conviction for a single summary offence (misdemeanour) may be ignored for Canadian immigration purposes." So i am wondering if my misdemeanour classified as "(2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise." is deemed a summary offence under canadian law?  Although a summary conviction in Canada carries a maximum term of imprisonment of six months; i received a 12 month probation, so it's unclear if my conviction will crossover as a summary conviction.

If it is a summary conviction, i will still have to explain how the conviction happened on my visa form. If i explain that i did shoplifting and simply had the case reduced to a lesser penalty, would i still be legally admissible as a work visa holder or even a tourist?? How will it affect my application and success in entering Canada?

I appreciate your time for reading and your feedback.

God Bless

[tim50]

Read this manual. Page 61..(this will be treated as conviction in canada immigration)

http://www.cic.gc.ca/english/resources/manuals/enf/index.asp


"A Latin phrase meaning "I will not contest it." It is a plea that may
be allowed by the court in which the accused does not deny or
admit to the charges.
This plea is similar to pleading guilty and a conviction results."

[tim50]

Read this manual. Page 61..(this will be treated as conviction in canada immigration)

http://www.cic.gc.ca/english/resources/manuals/enf/index.asp


"A Latin phrase meaning "I will not contest it." It is a plea that may
be allowed by the court in which the accused does not deny or
admit to the charges.
This plea is similar to pleading guilty and a conviction results."

See ENF2

[solotak]

Thank you for pointing me in the right direction. The ENF2 isn't clear about whether the pc415(2) public disturbance conviction from USA is considered a summary conviction in Canada. From my understanding if one has 1 summary conviction outside of canada they may still be admissible into canada. However i've been googling everywhere to find if my conviction would be considered a summary conviction.