Posting on behalf of PA:
I have a question about convictions and diversion as far as Canadian law is concerned:
In the United States, I was arrested for something as a minor (16 years old), and was arrested again when I was 18 years old (not a minor). I completed diversion in both incidents. In the United States, this is not the same as a conviction.
My FBI check is completely clear and I have the documents that confirm all charges were diverted, dismissed, and even expunged from the state in which they occurred. The charge that occurred when I was 16 years old was diverted and dismissed in the juvenile court system, which I have confirmation of in the form of certified documents from the state.
Therefore, I have 2 questions
1. Do I say “yes” to being convicted OR only “yes” to having been detained/arrested on Schedule A (background declaration form)? In other words, does having completed diversion in the United States mean that I can say that I was never convicted according to Canadian law?
2. Does anyone here think that this this may render me inadmissible or require me to apply for criminal rehabilitation? Both occurred over 10 years ago (14 and 11 years ago, specifically). Even if I was “convicted” (which I am unclear about), am I not “deemed rehabilitated” already, thus not requiring application for rehab?
Also - any advice on what other documents to include, i.e. copies of the laws that I was charged under from the state and the equivalent of the law in Canada is appreciated. Two of the charges are not even crimes / there is no equivalent in Canada. However, the juvenile charge is equivalent to a hybrid offence (indictable) with a max punishable time of 5 years or less
Thanks.
I have a question about convictions and diversion as far as Canadian law is concerned:
In the United States, I was arrested for something as a minor (16 years old), and was arrested again when I was 18 years old (not a minor). I completed diversion in both incidents. In the United States, this is not the same as a conviction.
My FBI check is completely clear and I have the documents that confirm all charges were diverted, dismissed, and even expunged from the state in which they occurred. The charge that occurred when I was 16 years old was diverted and dismissed in the juvenile court system, which I have confirmation of in the form of certified documents from the state.
Therefore, I have 2 questions
1. Do I say “yes” to being convicted OR only “yes” to having been detained/arrested on Schedule A (background declaration form)? In other words, does having completed diversion in the United States mean that I can say that I was never convicted according to Canadian law?
2. Does anyone here think that this this may render me inadmissible or require me to apply for criminal rehabilitation? Both occurred over 10 years ago (14 and 11 years ago, specifically). Even if I was “convicted” (which I am unclear about), am I not “deemed rehabilitated” already, thus not requiring application for rehab?
Also - any advice on what other documents to include, i.e. copies of the laws that I was charged under from the state and the equivalent of the law in Canada is appreciated. Two of the charges are not even crimes / there is no equivalent in Canada. However, the juvenile charge is equivalent to a hybrid offence (indictable) with a max punishable time of 5 years or less
Thanks.