Question regarding an expungement, absolute or conditional discharge: Should it still be mentioned in an application?

[Ponga]

Having seen a few posts from people that had their prior charge/conviction (abroad) expunged or `wiped' via some type of discharge, it makes me wonder if they should still mention the charge and conviction in an IRCC application. Most seem to feel that they need not even mention it. My thought is that it can't hurt and would absolutely eliminate even the most remote possibility of misrepresentation if they do, since a person that was arrested, for example, was in fact arrested, even if the charge and conviction evaporated.

Thoughts?

 

[iSaidGoodDay]

Having seen a few posts from people that had their prior charge/conviction (abroad) expunged or `wiped' via some type of discharge, it makes me wonder if they should still mention the charge and conviction in an IRCC application. Most seem to feel that they need not even mention it. My thought is that it can't hurt and would absolutely eliminate even the most remote possibility of misrepresentation if they do, since a person that was arrested, for example, was in fact arrested, even if the charge and conviction evaporated.

Thoughts?

Legalfalcon wrote this very recently on one of the acquittal case (with cases that were proven to be misrepresentation in court): https://www.canadavisa.com/canada-i...ds/acquital-in-498a-304b.801594/post-10478349

>Whether the case was false or not, is for the courts to decide.

>If your name was in the chargesheet, the answer to the question, if you have been charged, is yes.

 

[Ponga]

Legalfalcon wrote this very recently on one of the acquittal case (with cases that were proven to be misrepresentation in court): https://www.canadavisa.com/canada-i...ds/acquital-in-498a-304b.801594/post-10478349

>Whether the case was false or not, is for the courts to decide.

>If your name was in the chargesheet, the answer to the question, if you have been charged, is yes.

Thanks, but that appears to be a completely different scenario; person was acquitted and failed to disclose, which is different than having their conviction expunged or discharged.

 

[iSaidGoodDay]

Thanks, but that appears to be a completely different scenario; person was acquitted and failed to disclose, which is different than having their conviction expunged or discharged.

ah! Misread that as acquittal.

 

[canuck78]

Having seen a few posts from people that had their prior charge/conviction (abroad) expunged or `wiped' via some type of discharge, it makes me wonder if they should still mention the charge and conviction in an IRCC application. Most seem to feel that they need not even mention it. My thought is that it can't hurt and would absolutely eliminate even the most remote possibility of misrepresentation if they do, since a person that was arrested, for example, was in fact arrested, even if the charge and conviction evaporated.

Thoughts?

Always safer to mention it and include further information and proof if charges were dismissed for example.