Could you please tell me what is the right way to declare dismissed and expunged charges on PR Application?
And how long it took you to get your PR approved?
Thank you.
How likely is rejection at landing - Criminal Background
- Thread starter lmnop
- Start date
And how long it took you to get your PR approved?
Thank you.
I don't know about expunged charges, since mine wasn't expunged. But my charge was dismissed and didn't show up on the police certificate.
I made sure to declare it by answering Yes to the relevant statutory question. I then explained it in more detail in my letter of explanation, and attached/linked the definition of the charge (the relevant legal statute), and the court documents regarding the charge including the dismissal order.
My PR application hasn't been approved yet. The delay is not necessarily because of the charge, my criminality hasn't even started yet. Like many others, my application is still in queue for an officer to look at it.
Thank you for Your response. Mine is dismissed as well 5 years ago. I am applying for expungements.
My charge was very simple I came out of park through fence like other people but cop saw me and cursed and asked me to get out from there I was like sorry I didn’t know and was waiting on side for my frienf since she was going to drop me near my car . Cop saw me standing and got mad and thought I wasn’t following his order. I tried to tell him that I am waiting on my friend but arrested me instead and charged me with Disorderly conduct and Resisting arrests. It never happened to me before and after that incident. My case got dismissed right away at court without any questions.
My FBI record is clean as well. Just for this stupid small incident incident in my life
I got this kind of treatment in USA.
I want to honest with CIC since I didn’t do anything. I hope they do thorough check.
Every word I said above is complete fact. Because I need honest opinion of people who personally experienced this regarding immigration or immigration lawyer or expert
Since your charge was dismissed by a US court, I think you have nothing to worry about. Just make sure to answer Yes to the statutory question regarding whether you have been charged. If there's another question about arrested/detained, you'll need to answer Yes too, since you were arrested. Also write a brief explanation and attach documents regarding the charge and the certified copies of court documents that show it was dismissed.
Mine was in the US too, for "Inattentive Driving" and it was dismissed almost immediately by the court and does not appear on the FBI certificate. But still, we need to declare it honestly, otherwise it will be misrepresentation.
This is not an issue - just make sure you say yes to the question about being arrested, and explain it properly. In addition, you must have some records of your court appearance where the charges were dismissed. Upload those as well, along with your LoE. If you don't have the documents, go to the court and get them.
You are not inadmissible as long as you answer all the questions honestly and provide all the documents you have.
Thank you so much. Yes, I do have all the documents from the court and letter from my lawyer. Moreover, I am getting is expunged as well.
Thank you very much for your response. I had a meeting with a Canadian immigration lawyer he mentioned the same thing and said it won't be an issue.
Also could you please tell how long your application is in progress now?
Thank you.
Sorry, I didn't see this message.
My AOR is December 6 2018. Like many others, there has been no progress except for "eligibility met", which happened in January.
But this morning I finally received an Additional Document Request for the police/court record of my dismissed Inattentive/Careless Driving charge and the court judgement, so I guess they finally started my Criminality check, almost ten months after I applied. I had already uploaded all documents with my application, so I don't know why I was asked for them again.
Do you think it's also useful if I get a Legal Opinion Letter from a lawyer?