Criminal charges and their influence on travelling
Question: I have a drug possession charge in another country does that mean I cant travel to the united states anymore?
Answer: If you have an outstanding criminal charge in any country, you might be prohibited by the US immigration with the entry. I would recommend you to obtain a Clearance Certificate and/or Court Report from the country where you were charged and approach a US Consulate for their permission before you travel.
If someone is in jail and in meanwhile his permanent resident card expires, does it mean that they deport him? The police charged my husband and he has to spend years in prison but he is not a citizen.
Answer: No, the expiry of your husband’s permanent resident card (PR) will not trigger his deportation. PR card is given to permanent residents in Canada for the purpose of using it when they travel outside of the country. If they stay in Canada (even though in detention) they do not lose status. Having said that, your husband might lose his permanent resident status (and his card is of no relevance at that point), if he is convicted of a serious crime.
Police Record Erase Request
Hi I’m from Ontario, Canada. I walked out of a grocery store today with an item in my pocket, I was called back into the store. I explained that it was accidental and that I’ve never done anything like this before. The security didn’t believe me. The police came and gave me a warning, instead of charging me with theft under 5000$. Will this warning prevent me from volunteering? Coaching? Travelling? I’m also going to become a teacher soon and wonder if this will affect my chances of being eligible for employment. Also, will this mean that my family members wishing to immigrate into the country will be unable because of me? Could this affect a student visa? Is it possible to have this warning removed from my “file”? If so, how can I do this?
The police officer took down my name, D.O.B, address, and phone number. I wasn’t issued a ticket or given any case reference number from the police officer. The store gave me a civil recovery action form and that was it.
The police warning will not negatively affect any of the situations you’ve described in your post. A warning howeer cannot be removed from the police records.
Hi Angelina, Thanks for the response and clarification. I’ve been doing some research and I came across an article stating that it is possible to have non-conviction information purged from my record by the police department. Do you think this is a possibility in my circumstance?
You have to contact the police department and make a request to get your record erased. However, from your information, you don’t have a record resulting from charge. You have been warned and the information will be kept in the police database and, in a case of another criminal act on your part, the initial information might be used against you.
Theft Under $5,000 / Civil recovery claim
Q: Hello. One week ago, my friend and I went to Walmart (Ontario, Canada) and lifted two small things (the price was $8). When I came out of the store a man came and said that he knew we took something and took us to the back of the store in a room. The Police were informed and came to the location. They took down our names, parents names and my birthday. Our parents were called to Walmart, the police said that we were just given a caution because our records were clean. The LP officer then make me sign a form stating that I do not have permission to enter any Walmart for one year. Right before we were dismissed with our parents the LP officer said that we would be receiving a fine in the mail. We received the fine in the mail and it is a “Civil Recovery” letter, stating that we must pay $500 within 2 weeks or the price will increase and they could take us to Civil Court. Please help us, as we have no education on how the law system works, and this is our first offense. We are both 17 by the way. Also, the letter is under our parents name. I have read online that lawyers always say that you do not have to pay the fine. Is this true? What will happen if we don’t pay? Will they send another letter for court or something? Can they sue us? Do I need a lawyer? We have never done anything like this before, and we are not sure about the whole process. Any advice would be greatly appreciated. Thanks.
You understood correctly, you don’t have to pay a fine because it is arguable whether you are liable or not for alleged damages the store claims. However, refrain from a dispute between you and the store legal representatives. Don’t call or write letters with explanations,- leave it to us, legal professionals. I don’ think you need a lawyer’s representation at this time. Just ignore the demand letter.
Impact of Foreign Criminal Offence on your Permanent Resident Status
Q: I am an Indian citizen and I have a permanent residence in Canada I lived with my ex partner in The UK for a bit then we ended the relationship but it has ended with some problems as i have been charged with a stalking offence in the UK which led to a community order, i went through a trial at the magistrate court as it has been confirmed that the case wasn’t serious to be heard before the jury in crown court and it has been confirmed that there was no violence at all. will that affect my permanent residence status
A: It might, if the section of the statute under which your were accused was equivalent to a similar statute of the Criminal Code of Canada and constituted an indictable or even a hybrid offence meaning that, even though your punishment was light (unless you received an absolute or conditional discharge), you still may become an inadmissible class in Canada. So, my advice is to obtain a Court Record from the magistrate court in UK and have it handy, if Canadian authorities question you on your criminal history. In any event, you need to consult an immigration practitioner. Call our office for further details.
Criminal charges and travel to the USA
Question: I was charged with Fraud under 5000 and now I’m getting a diversion. My question is that after I complete the diversion program, will it affect my travel plans to the US in the future if I decide to? From what I can see, I’ll need to wait 2 years until my fingerprint and photo will be destroyed from the database. I’ve gotten 2 US visas before without any problems (they were both from before I got charged) so will this help?
Answer: It is unlikely that your criminal matter you mentioned in your question will negatively affect your travel to the USA as the offence is relatively minor. In addition, you were not criminally convicted as the matter was resolved by a way of a diversion. Two years of waiting for your fingerprints being removed has nothing to do with the ability to travel because if asked by the USA authorities whether or not you had any criminal history, you must answer truthfully that yes, you had a criminal charge which was dropped by the prosecution in exchange to your agreement with the diversion program.