No conviction- record with Conditional discharge and 1 year of probation

[varinder1717]

I got AOR a week ago and I got my medicals passed already.
BG in Progress

I had been charged for conditional discharge with 1 year of probation, the probation period will get over after 2 months which is on March 31, 2016.

I got all my conditions fulfilled as per court, and I got a letter of explanation from my lawyer stating that all my conditions has been fulfilled with a proof of all the documents, but the probation period will be 2 more months.

I havent included any of these documents in my file when I sent EE. I am waiting for CIC to ask for any of the documents if they can see any record which I can i have a record which will be seen for 2 more months.

I am just worried whether my file wont get rejected due to this reason.

Thank you.

 

[JoacRy]

2 quick questions:

1) Did the PCC reflect this conviction in any way?

2) Did you answer 'No' to the 'Statutory questions' regarding 'Criminal Record etc.?

The reason I ask is that if the PCC reflected something or CIC do checks with government agencies in foreign countries as part of the 'Background Check' and this is uncovered you maybe accused of misrepresentation.

 

[varinder1717]

I havent got PCC yet.
The statutory question did ask about convicted but I wasnt convicted at all so i answered no

2 quick questions:

1) Did the PCC reflect this conviction in any way?

2) Did you answer 'No' to the 'Statutory questions' regarding 'Criminal Record etc.?

The reason I ask is that if the PCC reflected something or CIC do checks with government agencies in foreign countries as part of the 'Background Check' and this is uncovered you maybe accused of misrepresentation.

 

[JoacRy]

I havent got PCC yet.
The statutory question did ask about convicted but I wasnt convicted at all so i answered no

Since you haven't got PCC I hope the country which issues PCC doesn't mention 'conditional discharge'.

I wish you good luck.

 

[varinder1717]

If it is mentioned conditional discharge then what happens? Please tell me

My judge told me that after 1 year the conditional discharge will become absolute that is on March 31st, 2016

Since you haven't got PCC I hope the country which issues PCC doesn't mention 'conditional discharge'.

I wish you good luck.

 

[JoacRy]

If it is mentioned conditional discharge then what happens? Please tell me

My judge told me that after 1 year the conditional discharge will become absolute that is on March 31st, 2016

If it is mentioned 'Conditional Discharge' on the PCC issued by your country, CIC may contact you or your lawyer to ask some more questions. The other thing they could do (because they reserve the right to talk to various Canadian and foreign government agencies) during the background check is to do some inquiries into the nature of the 'charges'.

If the initial charges were not serious then no problem. If the initial charges were serious then I hate to say it but you may be rejected. I really hope this is not the case.

 

[varinder1717]

The charges are not serious at all. It was a fraud under $5000 and the judge was very kind to provide me the veryy less supervision as it was done by mistake.

So it is only 2 months left for my probation to get over, it will show Conditional discharge on PCC with 1 year of probation.
My lawyer will provide me the letter of explanation when CIC asks me to submit the explanation also my probation officer is providing me with all the proofs.

So I think it should be fine.

If it is mentioned 'Conditional Discharge' on the PCC issued by your country, CIC may contact you or your lawyer to ask some more questions. The other thing they could do (because they reserve the right to talk to various Canadian and foreign government agencies) during the background check is to do some inquiries into the nature of the 'charges'.

If the initial charges were not serious then no problem. If the initial charges were serious then I hate to say it but you may be rejected. I really hope this is not the case.

 

[Michael1423]

If you have completed your conditional discharge successfully your are fine.
and the time you have spent on probation will count on your residence as time spent in canada only if you have completed your conditional discharge succesfully (no breach of probation etc)

 

[legalfalcon]

I got AOR a week ago and I got my medicals passed already.
BG in Progress

I had been charged for conditional discharge with 1 year of probation, the probation period will get over after 2 months which is on March 31, 2016.

I got all my conditions fulfilled as per court, and I got a letter of explanation from my lawyer stating that all my conditions has been fulfilled with a proof of all the documents, but the probation period will be 2 more months.

I havent included any of these documents in my file when I sent EE. I am waiting for CIC to ask for any of the documents if they can see any record which I can i have a record which will be seen for 2 more months.

I am just worried whether my file wont get rejected due to this reason.

Thank you.

Your story does not make sense. If you were not convicted, then why did you have a conditional discharge and went on probation. In a criminal case, either your are convicted or the charges are discharged. If you were convicted, only then will you get a conditional charge or a probation. If your charge was dismissed then there should have been no probation at all.

However, a conviction in itself does not make you inadmissible to enter Canada or get a Canadian PR. It will depend on the kind of crime you were convicted for and how long ago it happened. If you answered that you were never convicted, or arrested, it might get you in troubled waters, but it all depends on the crime you were charged with, the country in which you were charged and why you were given probation.

Anyone saying that if your PCC is clear, you don't have to answer that you were either arrested or charged with a crime is utter foolishness. Most countries have their own procedures where they only report crime within last 2 years, some loner, some don't consider minor crimes to be reported in the PCC, but that does not absolve you of your liability to answer the statutory questions truthfully.

 

[MapleLeaf18]

I havent got PCC yet.
The statutory question did ask about convicted but I wasnt convicted at all so i answered no

The fact that you got a Conditional Discharge means that you were convicted and not acquitted. So this is a form of conviction. People normally confuse conviction with imprisonment or a heavy fine but even a minor sentence is a conviction.

 

[MARRYGOLD]

Hello,

I have an absolute discharge under domestic violence on Jan 27, 2021, and I am planning to apply for citizenship application on 27 Jan 2023 , my question is does this absolute discharge will affect my citizen ship application ?

Thank you

 

[sabalatif]

My husband had a fight with his brother in june 2019 n was sentenced to jail for 90 days and a probation period of one year till 3 september 2020 and it was written in court order that this order will be enforced till 2 years n it was intermittent sentence and with few conditions .all conditions were fulfilled .now we want to apply for spousal sponsorship application its been 4 years since 2019 including probation period with all details given above . can he sponsor me please let us know?