Possible criminal check screw up

[LN13]

A couple of years ago, right after baby number 2 was born and I wasn't sleeping much, my husband passed a school bus without stopping.

There was a difference between teh law where we used to live and the law where we live now and he didn't realize it was illegal on the type of road it was. I had honestly put it completely out of mind until I started mentally going over all the dumb things that I could have missed (like signing forms) or forget to put in now that our application is in the mail.

If I google, it's considered a misdemeanor and has to go on your record. My husband insists that in court it was only a traffic offense. Now I'm crazy worried that we've misrepresented ourselves without meaning to. We sent everything in except the FBI check because of the long wait. He did check no on the "have you ever been convicted..." because he wasn't thinking traffic issues. If it makes any difference, it's not an offense in the Criminal code of canada but under provincial jurisdiction from what I can tell.

I'm headed to the court house this morning to look up local records and see what it says.

What are my best options here if it comes up as a criminal offense?

Should I pull the application and reapply? Can I reapply without hearing back about the withdrawl or do I have to wait?

Do I have to repay the fees? They haven't started processing it yet as it would have just arrived yesterday.

Can I send them additional paperwork and a redone form explaining the confusion?

 

[eminem_n_rihannah99]

Your dear husband is right. Don't fight about this.

 

[LN13]

Except as provided in subsection (g) of this section, any person violating this section shall be guilty of a Class 1 misdemeanor and shall pay a minimum fine of five hundred dollars ($500.00). A person who violates subsection (a) of this section shall not receive a prayer for judgment continued under any circumstances.

from http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-217.html

I'm not 100% sure on that. It's pretty clear it's considered a misdemeanor here but I am heading to the court house to check records. It might not be a big deal but I'd be quite happy to be wrong.

 

[LN13]

Me a culpa, it comes up as a traffic offense not a misdemeanor.

Even if that comes up on the fbi check, it shouldn't be too hard to explain the confusion.

 

[bartjones]

In order for it to present an issue on your application it would have to constitute a criminal offence under the Criminal Code of Canada. As far as I know that particular offence is not a Criminal Code offence in Canada, so even if it shows up as a criminal offence in the US, since it's not a criminal offence here, you should be fine.

 

[LN13]

Even if we checked no to convictions? I think we'll be fine now but I'm just trying to cover my bases in case.

Can you send a changed form if you realized an error?

 

[bartjones]

I assume you're talking about your responses on IMM5669, in particular question 6 (b) which asks if you have ever been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any other country?.

Technically your answer is inaccurate because the traffic conviction was for an "offence". But it was only a trafffic offence, so it's of no consequence to your application because a conviction for a foreign traffic offence, which does not constitute a criminal offence in Canada, can have no negative effect on your application. It is very unlikely CIC will be at all concerned about it.

 

[LN13]

Thank you. So should I send in a corrected form with the FBI check even if it doesn't come up or not?

Just trying to figure out what our best options are here. Not trying to hide anything but also not trying to create more issues for myself then is totally necessary.

 

[chakrab]

Thank you. So should I send in a corrected form with the FBI check even if it doesn't come up or not?

Just trying to figure out what our best options are here. Not trying to hide anything but also not trying to create more issues for myself then is totally necessary.

don't do anything. just relax and take a deep breathe. just being blunt here, but you are getting over anxious on something that's not a worry. traffic violations are not criminal offenses. then people will have to report speeding and parking tickets all over.

 

[bartjones]

don't do anything. just relax and take a deep breathe. just being blunt here, but you are getting over anxious on something that's not a worry. traffic violations are not criminal offenses. then people will have to report speeding and parking tickets all over.

Agreed. Don't do anything unless CIC raises it as an isssue which is very unlikely to ever happen.

 

[LN13]

Thank you. The issue with why I'm anxious is it's considered a traffic misdemeanor so nor quite so basic as a parking ticket.

I'll take a deep breath, wait for the FBI CHECK amd go from there.

 

[bartjones]

Don't worry. You can only be found criminally inadmissible to Canada for a foreign conviction that is also an offence under an act of parliament, which means an offence under a federal statute. Failing to stop for a school bus is an offence under provincial legislation here, hence the foreign conviction for that offence can never render you criminally inadmissible. As a result, CIC should not be concerned with it at all.

 

[LN13]

Thank you. This whole process makes me extremely anxious. I'll just wait and see what comes up and go from there.