urgent question! police investigation, summary charge and criminal conviction

[emsee]

I need urgent advice...

I am a Canadian citizen applying outland sponsor application. I was about to submit my application tomorrow and have all the documents, proof, letters, photos, forms filled, etc.

I was double and tripple checking everything and then I got nervous about something:

The police clearance certificate.

I called the embassy here because there are 2 kinds of certificates and apparently my got the wrong one (I will include it with the application anyways since we had it notarized and translated). They said to submit my application and go have my husband complete the second type of police certificate which is sent directly to the embassy.

My question is about the criminal offense. On my husbands record there are 2 items both of which he was never charged of anything and the cases have been closed as they have no interest to the public but they still appear on his file- Will he be considered inadmissable to Canada if in canada they are considered a summary offense?

The cases are:
Aggravated assult. Case opened: 20/08/2003, Case closed: 15/11/04. Case closed due to "lack of evidence".
Background story: my husband was on a scooter and hit some guys mirror. My husband pulled over and gave his insurance papers to the driver and the guy snapped and started hitting and punching my husband and yelling why did he hit his car. My husband hit him back and broke his glasses and then backed off and the driver ran to his car and drove away. Anyways my husband was never charged with anything and the police didn't believe the car driver's story (they told me husband that) about the aggravated assault and had no evidence so closed the case.
Case 2: Intentional harm to private property. Case opened 06/04/2001, case closed: 13/5/2003. Case closed due to "no interest to the public".
Background story: police called my husband in for questioning as a windshield of a car was broken in a nearby parking lot that he was seen driving away from with his friends. He didn't break it and the police closed the case because it was of no interest to the public.

My husband has never been charged with anything but there was an investigation. But if he was charged then these would be a summary offense in Canada, correct? So if he was never charged, will they still consider it an offence?

There is a way to remove these investigations from his record sheet but it may take some time and we really want to send in the application ASAP. Advice please?
TIA!!!

 

[RobsLuv]

Apparently all arrests and investigations show up on criminal clearances, but there would have to have been a conviction for him to be found inadmissible to Canada. I would suggest that before you submit the application you get all of the paperwork pulled together to support the fact that both cases were dismissed, and submit it with the application. Otherwise the processing office is likely to request that information anyway - and that will just delay your processing. Maybe by the time you get all the documentative proof of no conviction, you'll also have the clearance they're requiring of him, too.

Just a note: as a rule it's always better to submit everything up-front, to expedite processing - rather than waiting for them to request something and then having to submit it after the fact. Some embassies put what's called a "bring forward" date on the file if they request information and (for example) if they give you 90 days to submit something, they'll put a 90 day BF date on your file and, even if you submit the requested info within a week, they won't look at the file again until after the 90 days has elapsed. Always better to keep delays on your end, where you can control them, than to put them at that end and you're left to sit and wonder what's happening with your file.

 

[titina]

You may want to request for his file to be destroyed, it cost about $200 with most agency. Surf the web and look for "pardons agencies". It takes a few month for the records to be destroyed, i'll advise you to apply ASAP