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Can a traffic arrest be basis for rejection

A

abhinav.gcet07

Member
Jan 11, 2019
18
1
Hello,

I was arrested back in March 2016, for unsafe over-speeding in Galveston County, Texas and was later released on a cash bond. I was told, there is no need to go to the court as I have already paid the fine, I never got any traffic violation ticket. My FBI background check is clear, no records of any tickets or arrest, my driving history has no record of any traffic violation.

While submitting my EE-FSW application (AOR 26 Aug, 2018), I answered 'YES' to the 'Arrested/ Detained' and 'Convicted' questions. As part of my LOE I submitted the arrest report, cash bond waiver and court order, that's all I have with me.

I recently received my GCMS records which says, "REVIEW REQUIRED - STAT QUESTIONS [CRIMINAL PROCEEDING DETAILS] AND [DETAINED OR IN JAIL DETAILS] CONVICTED FOR UNSAFE SPEED MONTH/YEAR: MARCH 2016 COUNTRY: UNITED STATES OF AMERICA STATE: TEXAS COUNTY: GALVESTON" This was updated back on 12/19/2018

I am still waiting for the PR result, my eligibility is under review, background and criminality: not started.
Can someone tell me how/does it's going to affect the decision? I there anything I can provide to facilitate the decision process? Will a state PCC help in any way?

PLEASE HELP!
Thank you
 
kuskus

kuskus

Champion Member
Jun 17, 2014
1,174
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abhinav.gcet07 said:
Hello,

I was arrested back in March 2016, for unsafe over-speeding in Galveston County, Texas and was later released on a cash bond. I was told, there is no need to go to the court as I have already paid the fine, I never got any traffic violation ticket. My FBI background check is clear, no records of any tickets or arrest, my driving history has no record of any traffic violation.

While submitting my EE-FSW application (AOR 26 Aug, 2018), I answered 'YES' to the 'Arrested/ Detained' and 'Convicted' questions. As part of my LOE I submitted the arrest report, cash bond waiver and court order, that's all I have with me.

I recently received my GCMS records which says, "REVIEW REQUIRED - STAT QUESTIONS [CRIMINAL PROCEEDING DETAILS] AND [DETAINED OR IN JAIL DETAILS] CONVICTED FOR UNSAFE SPEED MONTH/YEAR: MARCH 2016 COUNTRY: UNITED STATES OF AMERICA STATE: TEXAS COUNTY: GALVESTON" This was updated back on 12/19/2018

I am still waiting for the PR result, my eligibility is under review, background and criminality: not started.
Can someone tell me how/does it's going to affect the decision? I there anything I can provide to facilitate the decision process? Will a state PCC help in any way?

PLEASE HELP!
Thank you
Click to expand...
Firstly, there's nothing you can provide to facilitate the process. However, I believe (my opinion) this to be a "criminal" conviction. If the review officer finds that that is the case, you'll be required to apply for "criminal rehabilitation". For you to you to qualify to apply for "criminal rehabilitation" five (5) years must have lapsed since the completion of your sentence; in your case, I believe the payment of your fine. This is what I believe based on my experience.
 
A

abhinav.gcet07

Member
Jan 11, 2019
18
1
kuskus said:
Firstly, there's nothing you can provide to facilitate the process. However, I believe (my opinion) this to be a "criminal" conviction. If the review officer finds that that is the case, you'll be required to apply for "criminal rehabilitation". For you to you to qualify to apply for "criminal rehabilitation" five (5) years must have lapsed since the completion of your sentence; in your case, I believe the payment of your fine. This is what I believe based on my experience.
Click to expand...
In US, this is termed as a Class 'C' Misdemeanor, its a smallest level of wrongdoing (not proud of it or defending myself). Does that account for "criminal" conviction according to Canadian legal system?

Thank you for your response!
 
kuskus

kuskus

Champion Member
Jun 17, 2014
1,174
149
Category........
Job Offer........
Pre-Assessed..
abhinav.gcet07 said:
In US, this is termed as a Class 'C' Misdemeanor, its a smallest level of wrongdoing (not proud of it or defending myself). Does that account for "criminal" conviction according to Canadian legal system?

Thank you for your response!
Click to expand...
This is where the Canadian equivalency is relevant. Just research the Canadian equivalent of that offence, and that should give you an idea where the review might be headed.
 
L

LifeDreamer

Hero Member
Feb 14, 2018
499
122
You are admissible to Canada.

Being arrested for an offense or it being regarded as criminal where it happened makes no difference to Canada, as long as it does not have an equivalent offense in Canada. Put in simple terms, if you had been driving at unsafe speeds in Canada you would not be arrested or be put in any criminal proceedings. This doesn't mean that Canada is lenient in this regard, their approach is just different. In general, what is followed in Canada is strict enforcement coupled with heavy fines, which is reasonable in my opinion. The effect is that Canadian roads are much safer than the US.

Your next step is to receive a message from your case officer requesting a Texas police certificate. Your PR will be approved if there was no other concern in your application.
 
A

abhinav.gcet07

Member
Jan 11, 2019
18
1
LifeDreamer said:
You are admissible to Canada.

Being arrested for an offense or it being regarded as criminal where it happened makes no difference to Canada, as long as it does not have an equivalent offense in Canada. Put in simple terms, if you had been driving at unsafe speeds in Canada you would not be arrested or be put in any criminal proceedings. This doesn't mean that Canada is lenient in this regard, their approach is just different. In general, what is followed in Canada is strict enforcement coupled with heavy fines, which is reasonable in my opinion. The effect is that Canadian roads are much safer than the US.

Your next step is to receive a message from your case officer requesting a Texas police certificate. Your PR will be approved if there was no other concern in your application.
Click to expand...
Thank you for your response @LifeDreamer, I really appreciate your inputs. From GCMS notes, it appears everything else is in shape, I should have posted the full note, my bad.

"RECOMMENDATION: Review Required SUMMARY NOTES: CIO RECOMMENDATION: REVIEW REQUIRED-STAT QUESTIONS [CRIMINAL PROCEEDING DETAILS] AND [DETAINED OR IN JAIL DETAILS] CONVICTED FOR UNSAFE SPEED MONTH/YEAR: MARCH 2016 COUNTRY: UNITED STATES OF AMERICA STATE: TEXAS COUNTY: GALVESTON EDOC# XXXXXXXXX A11.2: Appears Met R75: FSW MINIMUM REQUIREMENTS - Appears Met R76: SELECTION CRITERIA - FSW POINTS/Funds: Appears Met FSW points total: 72 Ready to Finalize RPRF: Complete"

This if from 1/9/2019, I have requested a second copy to see if there is any progress. My background check hasn't started yet, status says, "We are reviewing whether you meet the eligibility requirements.". Do you think being proactive and providing Texas Police Certificate on my own would help? or should I just wait for them to reach out to me?
 
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