Previous misdemeanor question

[nyssa]

Hey all! Three years ago I got a ticket for under 10 grams of marijuana. I was 19 and unfortunately that was a huge mistake. I live in the US. The court cost and all was paid immediately. It only went to state not federal. Does anyone know how this may effect my application? Will there be delays? Should i provide any further information somehow or a letter? I am really worried now. Thank you in advance!

 

[rjessome]

Were you convicted? You need to compare your conviction to the similar charge and sentence in the Criminal Code of Canada and look at the sentence that could be applied here. Could be that you need to wait until 5 years have passed since the day you finished your sentence (probation, fine, etc.) and then apply for Rehabilitation. You might want to get a legal opinion if you can't find the answers yourself.

 

[nyssa]

Wow. I had no idea it could have so much weight. 5 years... I cant imagine! I guess i was convicted, i had to go to court and i plead guilty but i only had to pay a $270 fine, no jail or probation. I cant seem to find anything about small amounts of marijuana (obviously not traffiking) in the criminal code of canada or anywhere else on the web. I could ask for a lawyers help but i am afraid i lack the funds for much of that.

 

[whoopi83]

Hi

I think the Canadian Act you need to look at is: Controlled Drugs and Substances Act 1996. Section 4 deals with possession offences; it can be summary or indictable (under 30g is usually summary providing it is a first offence etc.,) it would be better and more accurate if you could consult with a lawyer to determine which offence it would be classed as, and then look at the rehabilitation periods necessary for the specific offence for Canadian immigration.

 

[nyssa]

Wow thank you so much for your help. Is it really true i have to wait 5 years?? Wow i wish it were just wiped off my record. This is devastating.

 

[nyssa]

Whoopie83 i read through that and it looks a lot more promising than 5 years! Well unless ANY charge makes you wait 5 yrs for the rehabilitation. Mine is so minor, i never even considered it before this! Along with a lawyer is there anywhere else i should turn, anything else i should read or know about? Thank you.

 

[whoopi83]

Except a lawyer, you may want to see if a certified consultant can assist... www.csic-scci.ca (they do know immigration law), but you may want to be 100% sure on which class your offence would fall into first, alternatively you can see if someone at the local embassy can give guidance.

 

[nyssa]

Great thank you for your help! Luckilly it is a state conviction not federal. I have never had a problem crossing the border. I dont think it even shows up! Because of that i figured it must be washed off my record but i was 19 not under 18. I hope to have a smooth immigration process despite this setback!

 

[whoopi83]

Hope it all goes well for you. Good luck!

 

[nyssa]

Thank you! It would also appear that getting my record expunged may be the quickest route.

 

[rjessome]

I agree that expungment is the way to go for you. In Canada, our criminal justice system is different. We don't have state vs. federal, it's all federal. I agree with Whoopi that it looks like your conviction falls under the "possession" offences in the Criminal Code of Canada. These are hybrid offences and although in comparision it looks like they proceeded summarily with you, for the purposes of application to immigration, all hybrid offences are treated as indictable.

Section 36(2)(b) of the Immigration Refugee Protection Act applies to you. A foreign national is inadmissible on grounds of criminality for:
b. having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under and Act of Parliament......

Therefore, as mentioned, the expungement is the way to go for you. If you cannot get an expungement, you will have to wait 5 years from the date your fine was paid and apply for rehabilitation. If you do get an expungement, remember that you DO need to disclose this conviction in your application forms (Background Check), however, you can then explain the circumstances and that you were granted an expungement and provide a copy. It will be treated as a "pardon" under Canadian law and you will no longer be considered inadmissible.

Good luck to you.

 

[nyssa]

Great thank you! So i should explain the crime i commited as i described here and then explain since i have done no wrong since then that it was expunged? Should i mention it was a state misdemeanor and not federal as well? Even with the expungement should i expect delays with my application during the background check process? Oh if i could only go back in time!!

 

[rjessome]

Yes. I'm not sure what kind of document you are issued if you are granted an expungement in the US. But whatever it is, include a copy of it with your application. You will also have to include state police checks (it's not mandatory but in your case they will ask for them so I would do it at the beginning) for every state you have lived in since the age of 18, and FBI clearance (mandatory). These will show that your record has been expunged because there will be nothing on them. They want YOU to be honest and tell them about the conviction and your past. If you do not disclose and they find out, then it's misrepresentation and you just don't want to go there. So step 1, expungement, step 2, if successful expungement, apply for PR.

I will let PMM or one of the Imm officers on here answer how it will be viewed and whether more scrutiny will be applied to your background check. They know more about this at the visa/immigration officer level than I do.

Good luck.

 

[nyssa]

Thank you again. Some more light has been shed on my case. I was under supervision and my case was dismissed after 2years or so i believe but because i was successful with my supervision my record shows i had a misdemeanor with fine and supervision but no actual conviction. I can definitely get it expunged if i need to.

 

[nyssa]

I am in Canada visiting right now. When I return I will go to the court and figure out whats on my record. Now knowing I am not convicted changes things but Im still not sure what to do. I will post again with the information I recieve. Thank you again!