Criminal Record

[Fugee]

I'm being sponsored in Canada under "common law". I have received a letter stating that the application has been approved and that I just need to get the police check certificates to get my residency.

I'm Mexican but since I lived in the US for a few years I was required to send an FBI check, along with the Federal and State Mexican police records.

State and FBI police checks were no problem to acquire, but unfortunately do to an arrest for possession of a small (one/two cigarettes) amount of marijuana in Mexico (federal offense) I have a record with the federal government.

Obviously I have not been able to turn in that certificate. My question is, Can I just turn in the document that says that I do have a record and immigration will instruct me on what to do? Or do I have to follow the Mexican government process for the cancellation of the record and then turn that in to immigration Canada?

I have been trying to get the record cancellation in Mexico for a long time now, but do to bureaucratic and administrative errors on their behalf I have not been able to get that cleared. CIC gave me a deadline so I had to request an extension but I am very concerned I wont be able to clear this before my extended time is up.

Help me please!!!

 

[humpakwatan]

If you can get it cleared its better for you as common law is hard to prove already and with a criminal record it will be complicated...

But if not then just submit it anyway ...and at the same time you can apply to see if you are deemed rehabilitated by CIC and use the For information forms to see what CIC says about you needing a rehabilitation or not ?

It will depend on many things like,
How old is this record?
And do you know what the equivalent of this will be in Canada?
Was this in Canada or in mexico?
Have you spent/paid your sentence or fine ?
etc

http://www.cic.gc.ca/english/information/applications/rehabil.asp

 

[Fugee]

Thank you very much for such a quick response.

Yes Im trying to get it clear and Im hoping I will. My concern is the deadline they gave me, and considering that I have already asked for an extension Im scared they will ask me to start the whole process again or simply drop it for not turning in the certificates on time.

The incident happened in Mexico May 2004; at the time I spent some 10 hours in Jail, declared that it was for personal use, paid a fine, and that was it. I was released.

I guess the main questions are: What could possibly happen if I don't get this cleared before the deadline? and Does turning the paper saying that I do indeed have a record (the document I was given doesn't even say why I have a record, it just says I do) will suffice to continue with the process until I have the clearance from the Mexican Government?

Uff!! Thanks again!!!

 

[humpakwatan]

Thank you very much for such a quick response.

Yes Im trying to get it clear and Im hoping I will. My concern is the deadline they gave me, and considering that I have already asked for an extension Im scared they will ask me to start the whole process again or simply drop it for not turning in the certificates on time.

The incident happened in Mexico May 2004; at the time I spent some 10 hours in Jail, declared that it was for personal use, paid a fine, and that was it. I was released.

I guess the main questions are: What could possibly happen if I don't get this cleared before the deadline? and Does turning the paper saying that I do indeed have a record (the document I was given doesn't even say why I have a record, it just says I do) will suffice to continue with the process until I have the clearance from the Mexican Government?

Uff!! Thanks again!!!

Yes, the process will continue and if they need you to get something else they will let you know. A lot of people have criminal records and spent criminal records...but it wouldn't hold up the process.

When you do get it cleared up you can add it to your file later on while the case is in the queue to be worked on hopefully before they review your file.

If this was not a serious crime and you have paid fines and spent it and it has been over 5yrs (for non serious) and over 10yrs (for serious) then it should be okay. But its still best to get it cleared up and add it to your file when it is available.

Maybe you can write up a letter explaining the situation and what happened and also that you are in the middle of obtaining the cancellation for the record and will add it on once it is available.

 

[awor]

Just wanted to say good luck. It doesn't sound like you got probation or anything so you might be ok!

Marijuana laws need to change, this is ridiculous. I'm don't smoke (did in my teens) because I can't risk getting caught and losing my kids. But I can go get as drunk as I was as often as I want (not that I do, just that I legally can). Stupidity.