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Physical Presence Calculation with probation that was pardoned

marsbars

Full Member
Sep 23, 2016
48
2
I have a friend who has been a PR since 2010 and meets the physical presence in Canada calculation. However, in 2011 (five years ago) he was convicted of a misdemeanor in the US and received 3 years probation for that. Recently, in 2016, that charge got dismissed and expunged via a motion pursuant to section 1203.4 of the California Penal Code. My understanding is that time on probation doesn't count as physical presence in Canada for the calculation. Does that still apply if the probation was outside Canada and was discharged and the charge was set aside?

Thanks,