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Theft Under $5000 - Withdrew

Krish12345

Newbie
Aug 30, 2020
4
0
Hi Everyone,

Need some urgent help

I received the RCMP fingerprint based certification with “POSITIVE IDENTIFICATION” as result because I was caught on boxing in 2016 and went to court 2 times in 2017. In last court date I was suggest to attend one seminar and my charges will withdraw.

Additional information in RCMP certification is below;
21st July 2017 theft under $5000 sec 334 (b) cc - WITHDRAWN
POSS of property obtained by crime under $5000 sec 355 (b) cc - WITHDRAWN

My question is - this withdraw charges will impact my PR application?

Thanks in advance
 

Max003

Star Member
Sep 19, 2017
103
52
Hi Everyone,

Need some urgent help

I received the RCMP fingerprint based certification with “POSITIVE IDENTIFICATION” as result because I was caught on boxing in 2016 and went to court 2 times in 2017. In last court date I was suggest to attend one seminar and my charges will withdraw.

Additional information in RCMP certification is below;
21st July 2017 theft under $5000 sec 334 (b) cc - WITHDRAWN
POSS of property obtained by crime under $5000 sec 355 (b) cc - WITHDRAWN

My question is - this withdraw charges will impact my PR application?

Thanks in advance

Hi, you’ll be fine but make sure you disclose all the information on your application. If you had submitted your application let them know your situation through webform. I was in somewhat similar situation and no need to worry as long as you are not convicted for any serious offence. Go through the link and get familiar with your situation:

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html#5312E2
 

Wolfpmd3

Champion Member
Apr 26, 2015
1,867
454
Canada
NOC Code......
1254
Hi Everyone,

Need some urgent help

I received the RCMP fingerprint based certification with “POSITIVE IDENTIFICATION” as result because I was caught on boxing in 2016 and went to court 2 times in 2017. In last court date I was suggest to attend one seminar and my charges will withdraw.

Additional information in RCMP certification is below;
21st July 2017 theft under $5000 sec 334 (b) cc - WITHDRAWN
POSS of property obtained by crime under $5000 sec 355 (b) cc - WITHDRAWN

My question is - this withdraw charges will impact my PR application?

Thanks in advance
Even if they do, do you have an alternative?

Just submit the RCMP certificate and wait, that's the only thing left to do.

BTW, since charges were withdrawn I highly doubt they will have any impact at all.

Then you can reflect on why you don't steal in a country where you want to migrate to later on...
 

scylla

VIP Member
Jun 8, 2010
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Toronto
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05-10-2010
Hi Everyone,

Need some urgent help

I received the RCMP fingerprint based certification with “POSITIVE IDENTIFICATION” as result because I was caught on boxing in 2016 and went to court 2 times in 2017. In last court date I was suggest to attend one seminar and my charges will withdraw.

Additional information in RCMP certification is below;
21st July 2017 theft under $5000 sec 334 (b) cc - WITHDRAWN
POSS of property obtained by crime under $5000 sec 355 (b) cc - WITHDRAWN

My question is - this withdraw charges will impact my PR application?

Thanks in advance
Shouldn't be an issue if the charges were withdraw. But make sure you answer yes to the question about whether you have ever been arrested and then provide the details of the withdrawn charges.
 

Krish12345

Newbie
Aug 30, 2020
4
0
Thank you all for your reply

One more question- I heard from different websites that after 3 year withdraw charges will remove automatically from the system. Is this true? It means I don’t have to apply for record suspension?

Link I used to identify above -https://www.canada.ca/en/parole-board/services/record-suspensions/record-suspension-self-assessment-tool.html
 

Max003

Star Member
Sep 19, 2017
103
52
Thank you all for your reply

One more question- I heard from different websites that after 3 year withdraw charges will remove automatically from the system. Is this true? It means I don’t have to apply for record suspension?

Link I used to identify above -https://www.canada.ca/en/parole-board/services/record-suspensions/record-suspension-self-assessment-tool.html
What was actually the verdict of your case? If it was conditional discharge then yes the system will automatically remove everything after 3 year’s . And if it was absolute discharge it’ll be an year from the court verdict day.
 

Krish12345

Newbie
Aug 30, 2020
4
0
What was actually the verdict of your case? If it was conditional discharge then yes the system will automatically remove everything after 3 year’s . And if it was absolute discharge it’ll be an year from the court verdict day.
Where can I find details that which charge it was ( condition or absolute)?
 

Krish12345

Newbie
Aug 30, 2020
4
0
What was actually the verdict of your case? If it was conditional discharge then yes the system will automatically remove everything after 3 year’s . And if it was absolute discharge it’ll be an year from the court verdict day.
Also I have completed 3 years but it’s still showing positive match in RCMP certification
Charges withdrawn on 21st July 2017 (based on RCMP)
And RCMP issued on 2nd Sept 2020
So my data should not be remove if I fall under 3 year period? Please advise
 

Max003

Star Member
Sep 19, 2017
103
52
Also I have completed 3 years but it’s still showing positive match in RCMP certification
Charges withdrawn on 21st July 2017 (based on RCMP)
And RCMP issued on 2nd Sept 2020
So my data should not be remove if I fall under 3 year period? Please advise
First of all,
1) what was the verdict you've got from the crown/judge on the case you were charged? ( you should’ve got a letter from the court saying about it. Or you could ask your lawyer if you had one)
2) Did you plead guilty or not guilty to the charges?
3) If you did plead guilty and not convicted you should’ve got either an absolute or conditional discharge. And if you didn’t plead guilty and the court threw away your entire case then you shouldn’t had any problem at all with the RCMP check because you were innocent and charged/arrested for a crime which you weren’t convicted of.
4) There is a theory saying even if you pass the 3 year period, there is possibility of positive match on your name when doing a RCMP check. If that’s the case you have to apply for record/file destruction by visiting the police station where you initially charged. But the catch here is that its always up to the police officer/station to adhere with your request. However, it will never have any effect on your PR application as long as you mentioned about this criminal charge on your PR application when applied regardless about the positive ID match.