Am I inadmissible?

[pcot]

About 16 years ago in California, I pleaded no contest to a petty theft INFRACTION (less than a misdemeanor) and paid a $50 fine. Since that time, I obtained US Citizenship. U.S Immigration asked about it and gave me citizenship. I would like to visit Canada for vacation. The last thing I want is to be stopped at the border and told that I am inadmissible. I would rather not travel with my family and embarrass them and myself. In California, my conviction for infraction isn't something that can be expunged. I was told that I must have been convicted of at least a misdemeanor to have it expunged. So, my query is whether I am inadmissible and if yes, is there anything I could do to resolve that. Thanks.

[PMM]

hi

About 16 years ago in California, I pleaded no contest to a petty theft INFRACTION (less than a misdemeanor) and paid a $50 fine. Since that time, I obtained US Citizenship. U.S Immigration asked about it and gave me citizenship. I would like to visit Canada for vacation. The last thing I want is to be stopped at the border and told that I am inadmissible. I would rather not travel with my family and embarrass them and myself. In California, my conviction for infraction isn't something that can be expunged. I was told that I must have been convicted of at least a misdemeanor to have it expunged. So, my query is whether I am inadmissible and if yes, is there anything I could do to resolve that. Thanks.

1 summary offence does not make you inadmissible unless the goods were worth more than $5K\

PMM

[JOLTBOLT]

I am not sure about the US but here in the UK all your criminal records are wiped clean every 10 years unless it is repeated or if it was a serious offence. It will be in the police records but will not reflect in any criminal checks nor can it be used in courts.

I am sure in your case, since it was 16 years ago and just a minor incident it will not be of any problem. There is no harm in checking though.

[pcot]

Thanks. Is there a way to check while I am still at home in the US? I mean can the Canadian consulate in New York confirm to me if I would be stopped at the border or not?

[JOLTBOLT]

Follow the below link,

http://www.cic.gc.ca/english/information/security/police-cert/north-america/united-states.asp

This is Criminal certificate used for canadian immigration, you may be able to see if your record still exists.

[JOLTBOLT]

Any luck Pcot?

[pcot]

FBI record exists. I know that for sure. It was seen by my employer and US Immigration.

[ImmOfficer]

An offence that would equate to "Theft - Under $5000" would make you inadmissible for a period of 10 years from the date you completed your sentence. If it was as minor as you claim, then you should be ok.

You are DEEMED REHABILITATED (10 years after the completion of your sentence) if only convicted of a single offence that equates to a Canadian Indictable offence that would get you less than 10 years in prison.

So, if that's the case, you're free to come. If there is anything else that you have not told us here, then don't. When asked at the port of entry if you have ever been arrested (charged, or convicted, etc.), SAY YES! DO NOT LIE!

[pcot]

Thank you ImmOfficer. There is nothing else and I will visit Canada soon.

[jugajagu]

A friend of mine from Pakistan on visit visa was convicted for forgery (drivers licence) in u k he was sentenced for 6 months which reduced later to 3 months in appeal and after completion of his sentenced he was free in u k (not deported) but he went back to Pakistan by himself but when he tried to come back to  u k again on his valid visa he was not permitted to enter in u k because of his previous conviction and refused entry.
Now he wants to apply for Canadian immigration with his spouse what should he do can he apply?
should he mention in application about his conviction in u k or not   

[PMM]

Hi

A friend of mine from Pakistan on visit visa was convicted for forgery (drivers licence) in u k he was sentenced for 6 months which reduced later to 3 months in appeal and after completion of his sentenced he was free in u k (not deported) but he went back to Pakistan by himself but when he tried to come back to  u k again on his valid visa he was not permitted to enter in u k because of his previous conviction and refused entry.
Now he wants to apply for Canadian immigration with his spouse what should he do can he apply?
should he mention in application about his conviction in u k or not   

1.  He is probably inadmissible to Canada as well.
2.  If he doesn't mention his conviction, it is called misrepresentation and he will receive an additional 2 year ban.  The conviction will show up on his UK police report.

PMM

[jugajagu]

R U SURE HE HAS TO PRESENT HIS UK POLICE REPORT

[ImmOfficer]

Well if he tries to hide it, he will be in a world of trouble WHEN we find it.

[job_seeker]

R U SURE HE HAS TO PRESENT HIS UK POLICE REPORT

Is your friend applying for a visitor visa to come to Canada? If applying for a visitor visa  he does not need to present a UK Police Report but  he would still answer positively to the question about having been committed, arrested or charged of any criminal offense in any country and he would still have to explain what the conviction was about. If he did not mention the incident then that would be misrepresentation on his part.

[job_seeker]

Ooooppppsssss. I didn't see that they were applying for immigration. Anyway, he would still positively reply to 3 out of the 10 statements in Background/Declaration Q9 and give explanation. If he didn't then that would still be misrepresentation on his part.