Charged but charges were dropped, Expungement was granted!! How to go about it
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September 02, 2014, 01:47:05 am
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Author Topic: Charged but charges were dropped, Expungement was granted!! How to go about it  (Read 3168 times)
parceromiguel
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« on: January 05, 2011, 04:29:15 pm »

Hello there.

I have a question for this scenerio.

      A person arrested 2 years ago
      Released the next day.
      Charges were dropped.
      Expungement was granted.
      FBI back ground check does not show anything related to the crime.
      First offense and only offense.

When doing the application what should i answer for the next questions.

      1) been convicted of a crime or an offense in Canada or any other country
      2) been charged or may be charged for a crime or offense in Canada or any other country.
      3) been detained or incarcerated.
      4) been arrested in Canada or any other country.

Thank you very much for your time.
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Pharoh
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« Reply #1 on: January 05, 2011, 05:10:44 pm »

Ehhhh... if it were me, I'd feel compelled to answer 'no' to all four questions, given the FBI record is clean.  You don't want there to be a discrepancy, and at the same time, you don't want to give them a reason to be concerned about your background.

With that said

1) No, you were not convicted.  There was no judge or jury or sentence.

2) Yes, you were charged with something, but the charges were dropped.

3) Yes, you were briefly detained, and then released, after charges dropped.

4) Yes, you were briefly placed under arrest, then released.

*shrug*  It's a tough call... if it were me, I'd feel moderately comfortable not saying anything, given you have a clean record.  It isn't likely CIC will dig hard to try and find out about the one time you were detained and then let go, however many years ago that was.

At the same time, you should be honest on the application, though honesty can sometimes get you burned.

It's a tough call.  What do you all think?
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parceromiguel
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Posts: 79
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Category........: FAM
Visa Office......: Bogota, Colombia
App. Filed.......: 14-May-2011
AOR Received.: 23-Aug-2011
Med's Done....: 28-Jan-2011
Passport Req..: December-2013
VISA ISSUED...: 14-Feb-2014
LANDED..........: 22-Feb-2014

« Reply #2 on: January 05, 2011, 05:36:44 pm »

Have you heard or know of anyone with the same situation?

I'm not sure of what to do.

Should i say "NO" and sort of lie but at the same time not lie (that is because i was arrested but at the same time it was expunged).

Or should i just go ahead and tell it all?
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kelKel
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« Reply #3 on: January 05, 2011, 05:43:48 pm »

I would wait and hear what some of the seniors (rjessome, robsluv, PMM or Leon) have to say about it.
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canadianwoman
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« Reply #4 on: January 05, 2011, 06:16:59 pm »

If you lie and answer 'no' to everything, and then later CIC finds out about your arrest, you could be rejected for misrepresentation and banned for two years. If you choose to answer truthfully, make sure you explain everything clearly and provide proof that the charges were dropped.
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Pharoh
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Posts: 605
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Category........: FAM
Visa Office......: Buffalo, NY
NOC Code......: 2281
App. Filed.......: 13/11/10
Doc's Request.: WAIVED
AOR Received.: 28/01/11
Med's Request: Med's Received
Med's Done....: 02/10/10
Interview........: WAIVED

« Reply #5 on: January 05, 2011, 06:23:13 pm »

If you lie and answer 'no' to everything, and then later CIC finds out about your arrest, you could be rejected for misrepresentation and banned for two years. If you choose to answer truthfully, make sure you explain everything clearly and provide proof that the charges were dropped.

*shrug*  The only thing that concerns me about this is that the arrest isn't on the FBI record.  If you include documentation for something that is not officially documented (e.g. on the criminal background report), they may begin to wonder what else you've done that isn't officially documented... maybe I'm just being paranoid.

In the end, you have to make the call.

It's a double-edged sword, really.
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KarenCee
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« Reply #6 on: January 05, 2011, 07:56:24 pm »

Just a thought here but...if you decide to mention this, wouldn't there be some sort of paperwork to back up the expungement?  Since you say that's what has occurred, I would think there's a record of that somewhere.  That would bridge what you're saying on the application with the clean FBI record.  At least that's what I'm thinking.
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parceromiguel
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Posts: 79
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Category........: FAM
Visa Office......: Bogota, Colombia
App. Filed.......: 14-May-2011
AOR Received.: 23-Aug-2011
Med's Done....: 28-Jan-2011
Passport Req..: December-2013
VISA ISSUED...: 14-Feb-2014
LANDED..........: 22-Feb-2014

« Reply #7 on: January 05, 2011, 08:07:44 pm »

I truly appreciate all the responses.

Like it was said, it is a double-edge sword. Who would be the best person to talk to? An immigration lawyer? or an Immigration officer?

Thank you very much for taking the time to respond.
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KarenCee
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« Reply #8 on: January 05, 2011, 08:19:55 pm »

I'm guessing most everyone would suggest an immigration lawyer, a reputable one at that. 
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vivam
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« Reply #9 on: January 06, 2011, 07:56:15 pm »

I think it's best to be truthful, and provide documentation to back up your expungement. I am on another website where someone did not mention an arrest from over 30 years ago and there are now catching hell for it. Granted yours was expunged but it was very recent, that does not mean that information can't easily be located. I am sure if you do a record request on yourself that arrest will pop up, some states sell information to record search companies, so in effect an arrest would pop up before it was expunged.  To me, there is no question, be truthful, that is what a lawyer would tell you unless they are not reputable. IMHO.
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rjessome
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« Reply #10 on: January 06, 2011, 09:51:13 pm »

Hello there.

I have a question for this scenerio.

      A person arrested 2 years ago
      Released the next day.
      Charges were dropped.
      Expungement was granted.
      FBI back ground check does not show anything related to the crime.
      First offense and only offense.

When doing the application what should i answer for the next questions.

      1) been convicted of a crime or an offense in Canada or any other country
      2) been charged or may be charged for a crime or offense in Canada or any other country.
      3) been detained or incarcerated.
      4) been arrested in Canada or any other country.

Thank you very much for your time.

1. No
2. Yes
3. Yes
4. Yes

Overcome it by submitting the FBI clearance and the state police certificate with your application along with copies of the arrest record, police report and a thorough explanation of exactly what occurred and why the charges were dropped.  Canada and the US do share information regarding criminal history (included CHARGES) for the purposes of immigration.  It's not that difficult for CIC to access this.  Being honest could cause you some potential hassles BUT lieing could result in misrepresentation which is MUCH worse.
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Baloo
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« Reply #11 on: January 07, 2011, 08:48:51 am »

Being honest could cause you some potential hassles BUT lieing could result in misrepresentation which is MUCH worse.

Agree 100%
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Pharoh
Hero Member
*****

Posts: 605
Ratings: +37
Category........: FAM
Visa Office......: Buffalo, NY
NOC Code......: 2281
App. Filed.......: 13/11/10
Doc's Request.: WAIVED
AOR Received.: 28/01/11
Med's Request: Med's Received
Med's Done....: 02/10/10
Interview........: WAIVED

« Reply #12 on: January 07, 2011, 08:50:59 am »

I've given it some thought, and like several others, believe honesty is the best policy in this case.

You may get asked about it, you may even be summoned for an interview.  In the end, you did nothing seriously wrong, and cannot be denied for this (from what I can tell).

Good luck!
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Ganesha
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« Reply #13 on: March 16, 2014, 10:10:17 am »

Hello parceromiguel,

What did you chose to do on the application?

what is your current position with your application? Is it approved.


Good Luck.
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