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Dealing with expunged misdemeanor conviction

jabber13

Newbie
Feb 13, 2015
3
0
Hello all,

My wife and I are preparing our applications for PR and hope to submit in the coming days. My wife is Canadian and I'm a US citizen. We currently reside in the US with our 2-year old who was born in the US but also holds a Canadian passport.

This is the history of the issue in question:

In 2002 I was involved in a physical altercation while playing in a soccer game that resulted in a misdemeanor infraction conviction (speeding ticket equivalent, as it was once explained to me) on my record. In 2007, I was stopped at the Canadian border and questioned about my criminal background. Answering truthfully, they allowed me to withdraw my application to enter Canada and I returned to the US. A few months later, I had the conviction expunged. Since that action, I have entered Canada quite regularly as a visitor, but my passport is flagged and I always must go to the secondary inspection. I travel with my legal documentation showing that the conviction was expunged. It is a hassle, but I've never been denied entry despite the extra scrutiny. In late 2007 or 2008 I was asked to go to Ontario for work a few times in a short span and upon entering the 2nd time the Border agent, upon the explanation of my circumstances, issued me a business/work visa to facilitate me getting into Canada easier. (This visa being issued has raised questions at the border from different agents, so I assume its relevant to them.)

Based on this history, these are my questions:

1) I'm wondering how to approach the issue on our application for PR. I plan to answer "yes" on the application to the question regarding prior convictions, even though, in the US the conviction is considered nullified. What is the best way to present everything? Also, not sure if I should answer "yes" on the question about whether I was detained or arrested or jailed for this same issue. I was given a ticket and had to go to the police station voluntarily to be booked after the incident took place.

2) Given that I've been admitted to Canada many times over the past decade am I considered "admissible" despite the constant secondary screenings?

3) Do I need to file for Rehabilitation despite being admitted to Canada many times since the conviction was expunged?

4) Does Canada review the application for PR differently than Border Services does when I enter as a visitor or are they using essentially the same criteria?

Thanks in advance for any help and insight on these questions!
 

cata253

Member
Sep 25, 2017
13
0
Hi,
Similar situation here. Could you tell me more how your application to PR went?

Thanks


Hello all,

My wife and I are preparing our applications for PR and hope to submit in the coming days. My wife is Canadian and I'm a US citizen. We currently reside in the US with our 2-year old who was born in the US but also holds a Canadian passport.

This is the history of the issue in question:

In 2002 I was involved in a physical altercation while playing in a soccer game that resulted in a misdemeanor infraction conviction (speeding ticket equivalent, as it was once explained to me) on my record. In 2007, I was stopped at the Canadian border and questioned about my criminal background. Answering truthfully, they allowed me to withdraw my application to enter Canada and I returned to the US. A few months later, I had the conviction expunged. Since that action, I have entered Canada quite regularly as a visitor, but my passport is flagged and I always must go to the secondary inspection. I travel with my legal documentation showing that the conviction was expunged. It is a hassle, but I've never been denied entry despite the extra scrutiny. In late 2007 or 2008 I was asked to go to Ontario for work a few times in a short span and upon entering the 2nd time the Border agent, upon the explanation of my circumstances, issued me a business/work visa to facilitate me getting into Canada easier. (This visa being issued has raised questions at the border from different agents, so I assume its relevant to them.)

Based on this history, these are my questions:

1) I'm wondering how to approach the issue on our application for PR. I plan to answer "yes" on the application to the question regarding prior convictions, even though, in the US the conviction is considered nullified. What is the best way to present everything? Also, not sure if I should answer "yes" on the question about whether I was detained or arrested or jailed for this same issue. I was given a ticket and had to go to the police station voluntarily to be booked after the incident took place.

2) Given that I've been admitted to Canada many times over the past decade am I considered "admissible" despite the constant secondary screenings?

3) Do I need to file for Rehabilitation despite being admitted to Canada many times since the conviction was expunged?

4) Does Canada review the application for PR differently than Border Services does when I enter as a visitor or are they using essentially the same criteria?

Thanks in advance for any help and insight on these questions!