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Cdnpr2017

Hero Member
Dec 31, 2016
467
13
Does this mean that my dismissed dui through deferred adjudication will not be an issue? There is nothing mentioned of it on my FBI check that I just got back
 
Cdnpr2017 said:
Does this mean that my dismissed dui through deferred adjudication will not be an issue? There is nothing mentioned of it on my FBI check that I just got back

I know I have already posted about this too, but since my FBI check came back clean I wanted to start a new thread. Sorry if I wasn't supposed to do this!
 
Cdnpr2017 said:
Does this mean that my dismissed dui through deferred adjudication will not be an issue? There is nothing mentioned of it on my FBI check that I just got back

Bro if it's clean it mean it's clean . enjoy it .
 
Doesn't the check now say something like "Does not preclude the state or local level"? I'd think you still have to admit to being arrested for it.
 
Aquakitty said:
Doesn't the check now say something like "Does not preclude the state or local level"? I'd think you still have to admit to being arrested for it.


Yes it does say that, I was just wondering if it is not on my FBI background check if it will be an issue for me
 
Pretty sure there is a spot to list if you've been arrested. Just because it's not reported on fbi, doesn't mean they wont know about it. They have ways of finding out.
 
I am in the same boat, here is what I have found


ENF 2/OP 18 Evaluating Inadmissibility page 63 section 15.2

A conviction does not exist in the following situations:
-The court grants an absolute or conditional discharge as provided for in the criminal code



ENF 2/OP 18 Evaluating Inadmissibility page 63 section 15.2

Deferral of sentence, Deferral of prosecution, Deferral of judgement, Deferral of conviction and Nolle Prosqui are all NON CONVICTIONS and DO NOT result in inadmissibility.



ENF 14/OP Section 27 Procedure: Pardons outside Canada

-if the country's legal system is based on similar foundations and values as Canada's, the foreign legislation must be examined to determine whether the effect of the pardon is to erase a conviction or merely recognize that rehabilitation has taken place. In the latter case, the applicant is inadmissible and an application for rehabilitation should proceed;



After extensive research, I think you should be fine
 
simpsol22 said:
Pretty sure there is a spot to list if you've been arrested. Just because it's not reported on fbi, doesn't mean they wont know about it. They have ways of finding out.

Yes, looks like he/she determined that. She is trying to figure out if this will cause her to be denied PR
 
jeff198901 said:
I am in the same boat, here is what I have found


ENF 2/OP 18 Evaluating Inadmissibility page 63 section 15.2

A conviction does not exist in the following situations:
-The court grants an absolute or conditional discharge as provided for in the criminal code



ENF 2/OP 18 Evaluating Inadmissibility page 63 section 15.2

Deferral of sentence, Deferral of prosecution, Deferral of judgement, Deferral of conviction and Nolle Prosqui are all NON CONVICTIONS and DO NOT result in inadmissibility.



ENF 14/OP Section 27 Procedure: Pardons outside Canada

-if the country's legal system is based on similar foundations and values as Canada's, the foreign legislation must be examined to determine whether the effect of the pardon is to erase a conviction or merely recognize that rehabilitation has taken place. In the latter case, the applicant is inadmissible and an application for rehabilitation should proceed;



After extensive research, I think you should be fine


Thank you for the response. I am nervous that I will be denied PR because of this though. It is worrying me I am just looking for piece of mind
 
Cdnpr2017 said:
Thank you for the response. I am nervous that I will be denied PR because of this though. It is worrying me I am just looking for piece of mind

Oh. No you won't be denied PR over it as you are currently admissible to Canada since the deferral is complete. I assumed you were talking about not listing the crime at all. You still need to put that you were arrested. You can get a letter of opinion from a Canadian immigration lawyer as well.

Deferred and suspended Adjudication

Deferred adjudication and Suspended adjudication are not considered convictions for the purposes of Canadian immigration law, therefore, do not result in inadmissibility.
 
Aquakitty said:
Oh. No you won't be denied PR over it as you are currently admissible to Canada since the deferral is complete. I assumed you were talking about not listing the crime at all. You still need to put that you were arrested. You can get a letter of opinion from a Canadian immigration lawyer as well.

Deferred and suspended Adjudication

Deferred adjudication and Suspended adjudication are not considered convictions for the purposes of Canadian immigration law, therefore, do not result in inadmissibility.


Where did you quote that from?