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| Subject: Reply to Ritu regarding California infraction |
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Sorry for replying to a poster like this but the thread I want to reply to did not offer me a reply box, for some reason.
Hi Ritu,
When was your infraction? If it was over 5 years ago, you should apply for criminal rehabilitation. You should also get a lawyer to handle your PR application. The immigration officer will definitely reject you for an infraction if you handle the PR application yourself. That´s because, unlike California, Canada does not differentiate between the various levels of severity of theft offences (infractions, misdemeanours and felonies) when it comes to theft. Theft of a car (under $5000) is equal to a theft of a candy bar in the eyes of Canadian law. Another problem with an infraction is that although it is equal in severity to a traffic ticket and NOT a full criminal conviction, it can never be expunged. That is an amazing thing about infractions -- it is too slight a charge to even be expunged! Expungement was never originally considered for infractions because whereas most common type of infractions (e.g. traffic tickets) will disappear off your record in three years, theft infractions stay on your record forever. It is totally absurd that more serious theft crimes that lead to misdemeanours or felonies can be removed from your record via expungement, but the least severe theft crimes cannot. You are almost better off to have upgraded your offence to a misdemeanour, apply for expungement and then apply for PR in Canada. Anyway, sorry for the rant. My wife and I are still sorting all the immigration ramifications related to her infraction and it´s now been almost 15 months since we made our PR application (currently in the process of appeal and applying for a TRP). So yeah, get a lawyer. You will need one.
Flamingdirigible
[07-05-2008,18:53]
[***.166.42.253]
FlamingDirigible |
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(in reply to: Reply to Ritu regarding California infraction)
FB: I´m not sure where you got all your above information, but I think you might be frightening Ritu unnecessarily. I had an infraction, from California, from many years ago, and all I had to do was provide a state police report. The infraction was so long ago it no longer showed up on the report, so the only way that CIC knew about it was because I had been honest.
The only way to enter such an enormous undertaking as immigration is through complete honesty. Anything else is, and should be, grounds for refusal. Depending on your situation, Ritu, and given that infractions indicate a very minor offense, I wouldn´t worry too much about it. Canada is not looking for ways to refuse otherwise acceptable immigrants, and they are well versed in US law.
[07-05-2008,20:37]
[**.189.189.252]
wannabecanadian |
(in reply to: Reply to Ritu regarding California infraction)
I didn´t realize that yours was for theft, quite different than my own situation. Still, CIC has steps for you to follow if they deem necessary, and will guide you through the process if and when the time comes. It was DEFINITELY the right thing to be honest about your situation.
[07-05-2008,20:41]
[**.189.189.252]
wannabecanadian |
(in reply to: Reply to Ritu regarding California infraction)
Wannabecanadian,
I´m not scaring her unnecessarily. Everything I said is based on fact as I´m going through it as we speak. An infraction for theft is very different from other infractions in that it will never come off your record and you cannot have it expunged. I have written statements from a couple of lawyers confirming that. And we were honest about our situation and very open about the infraction. The problem is that the Canadian Immigration Act designates certain convictions and acts or omissions (therefore an actual conviction is not even needed) to equivalent offences in Canada. And as I stated before, since theft offences are only categorized as being above $5000 and below $5000, a theft infraction in California is considered equivalent to a theft conviction in Canada. So Ritu, please don´t underestimate the harshness that the immigration officer will look at your theft infraction. We are going through it and they will not give you any leeway. Hire a lawyer.
[07-05-2008,20:56]
[***.166.42.253]
FlamingDirigible |
Infraction expungement (in reply to: Reply to Ritu regarding California infraction)
California used to have the same issue. As of Jan. 1, 2011, California is finally allowing infraction expungement.
We recently discussed this issue at www.Californiacleanrecord.com
[31-12-2010,17:52]
[***.205.140.6]
Beahm Law |
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