IMM 5669 Questions about arrests/criminal records, arrested as a teenager

[delzed]

Hi there. I have a question about some of the questions relating to arrests and crimes committed by the principal applicant for IMM 5669 specifically but also any other times this sort of question comes up on the paperwork for family-class sponsorship for PR status in Canada.

In my case, when I was 15-17 (I can't remember exactly, but at least 5 years ago now) I got into a shouting match with my folks and damaged my bedroom door and my parents had me arrested. They pressed charges for property damage but when we went to court, they asked the judge to drop the case, saying they just wanted to teach me a lesson. If I recall, there was never a verdict given and the case was expunged from my record.

But I technically have been arrested and have committed a crime. I'm not going to lie on my application, but I'm worried this will make me inadmissible. Should I even apply? If so, should I tick yes or no on these questions and what (if anything) should I attach to my application in way of explanation? Does teenage property damage count heavily against you? Are crimes expected to be declared if the state you committed it in doesn't even have a record of it anymore?

Thanks!

 

[AmyL]

You could write a letter to explain the arrest, but if you were not convicted, you cannot be held accountable for that since it was not proven in a court of law. For example, my children said their dad molested them, but since he was not convicted in a court of law, the judge could not hold it against him in other parts of our custody/visitation case and he still had visitation rights for years. They said anyone can say anything about anyone and unless he is found guilty in court, he is counted as innocent. People lie about others all the time and they know this. Therefore, you should be fine.

 

[AmyL]

You could write a letter to explain the arrest, but if you were not convicted, you cannot be held accountable for that since it was not proven in a court of law. For example, my children said their dad molested them, but since he was not convicted in a court of law, the judge could not hold it against him in other parts of our custody/visitation case and he still had visitation rights for years. They said anyone can say anything about anyone and unless he is found guilty in court, he is counted as innocent. People lie about others all the time and they know this. Therefore, you should be fine.

But you might want to check to make sure that there really wasn't a verdict since you are unsure.

 

[delzed]

But you might want to check to make sure that there really wasn't a verdict since you are unsure.

Great, thank you for the advice! Also, so sorry to hear that that happened with your family.

 

[Canada2020eh]

Hi there. I have a question about some of the questions relating to arrests and crimes committed by the principal applicant for IMM 5669 specifically but also any other times this sort of question comes up on the paperwork for family-class sponsorship for PR status in Canada.

In my case, when I was 15-17 (I can't remember exactly, but at least 5 years ago now) I got into a shouting match with my folks and damaged my bedroom door and my parents had me arrested. They pressed charges for property damage but when we went to court, they asked the judge to drop the case, saying they just wanted to teach me a lesson. If I recall, there was never a verdict given and the case was expunged from my record.

But I technically have been arrested and have committed a crime. I'm not going to lie on my application, but I'm worried this will make me inadmissible. Should I even apply? If so, should I tick yes or no on these questions and what (if anything) should I attach to my application in way of explanation? Does teenage property damage count heavily against you? Are crimes expected to be declared if the state you committed it in doesn't even have a record of it anymore?

Thanks!

I am pretty sure you would know if a verdict was given but since the charges were dropped you were not convicted. Yes you were arrested and you definitely have to say that and then include a letter of explanation of the circumstances. Not declaring it is misrepresentation and could result in a 5 year ban from applying again.

 

[delzed]

I am pretty sure you would know if a verdict was given but since the charges were dropped you were not convicted. Yes you were arrested and you definitely have to say that and then include a letter of explanation of the circumstances. Not declaring it is misrepresentation and could result in a 5 year ban from applying again.

Got it. So any question pertaining to arrests I would say yes, any question asking if I was convicted of a crime or served time I would say no. What about questions asking if I committed a crime? Is that specifically asking about whether or not I was found guilty of something, or whether or not I did an act that I was arrested for?

 

[Canada2020eh]

Got it. So any question pertaining to arrests I would say yes, any question asking if I was convicted of a crime or served time I would say no. What about questions asking if I committed a crime? Is that specifically asking about whether or not I was found guilty of something, or whether or not I did an act that I was arrested for?

Hard to answer that, it is a very subjective issue. But if you were not convicted then I would say you didn't commit a crime. I would say no and in the letter of explanation give your rational as to why you answered no. It would be up to the immigration officer to make that decision. Do you have the paperwork related to it, charges made against you, court summons, anything from the court saying the charges were dropped?

 

[delzed]

Hard to answer that, it is a very subjective issue. But if you were not convicted then I would say you didn't commit a crime. I would say no and in the letter of explanation give your rational as to why you answered no. It would be up to the immigration officer to make that decision. Do you have the paperwork related to it, charges made against you, court summons, anything from the court saying the charges were dropped?

Sorry to reply so much later. I requested my FBI police certificate. That came up with nothing. I just sent for my unredacted, state police record just in case. As of right now, though, I have very little information about the case. I know it was around when I was 16 or so, so 2014ish. I know what I actually did, but I don't know what the criminal code was/would be exactly, any official summons, etc.

I remember being arrested, having to show up in our town's court, meeting a public defender, explaining what happened to the judge, and him taking us into his chambers to act, I guess, as more of a informal mediator. I'm not sure what he did officially after that.