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| Subject: Deferred adjudication and conviction |
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Hello Everyone
This is my first time posting in here and i hope i can find someone who can help answer a few question for me .I am planning on sending an application for a CSQ ,my family who really love to immigrate to Quebec in a near future and so far we have the points that would help us gain the certificate.But my issue is with my wife ,11 years ago she got arrested and charge with aggravated assault the person she was fighting with was her ex and she was defending herself .This was the first and the only time she was ever in trouble ,so the judge let her plead guilty under the first offender act which is a deferred adjudication to simple assault and reckless conduct, and got 12 month probation and 300 fines and after that got discharge without adjudication of guilt.
She was offered the deal because she had never been in trouble and the judge gave her a chance to keep her record without a conviction.
So my questions :
A: Do i have to mention the arrest ?
B: Will this kind of outcome be considered a conviction?
I have tried to look into the Canadian law and her plea is similar to discharge or stay .
I also want to point that on the discharge petition that the judge sign it says the following:
Wherefore it is ordered and directed that in accordance with provisions of the act for probation of first offenders :
A: The defendant be discharged without court adjudication of guilt .
B: That this discharge shall completely exonerate the defendant of any criminal purpose.
C:The defendant shall not be considered to have a criminal conviction.
D That this discharge shall not affect any said defendant´s civil right or liberties.
E: This discharge may not be used to disqualify a person in any application for employment or appointment to office in either the public of private sector .
So what do you guys think? I have seen that they don´t treat caution or spent conviction from the UK as conviction and they are similar to her case.Some have told me it won´t be an issue cause no conviction was entered but others say it won´t make a difference.Can you guys please provide me with more info ? Thank so much .
[18-04-2011,04:33]
[**.232.105.33]
hope1700 |
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No need to codger your brain (in reply to: Deferred adjudication and conviction)
Assuming that you are from the U.K, why don´t you get a copy of your wife´s police certificate.
If something appears on it, must you mention what is relevant to your immigration application.
[18-04-2011,11:14]
[**.233.201.58]
Anonymous |
(in reply to: Deferred adjudication and conviction)
Non i am in the United States .I mention the UK because what she got is similar to a spent conviction or caution i think.I have tried to have a background check for my wife and it comes back with a " no record found" I don´t know if it was because she didn´t have a felony. I want to know if the consulate in buffalo will treat an arrest with no conviction like not having a conviction at all .
[18-04-2011,15:52]
[***.36.176.83]
Anonymous |
(in reply to: Deferred adjudication and conviction)
If you are from the United States, it changes the whole picture because it is unknown that to what extent the two countries share the criminal records.
Did you know that in each immigration application, the wording in regards to conviction, arrest and charged and so on differs one and another?
You may have to check the box if the form asks if you´ve ever been arrested or charged.
[19-04-2011,00:38]
[**.233.201.58]
Anonymous |
(in reply to: Deferred adjudication and conviction)
Thank you for your reply..Yes i know that i might have to check the box if they ask about the arrest but being arrested and convicted are two different things and that is what i´m trying to find out.I have heard that some court proceedings are not considered conviction for Canadian immigration purposes and deferred adjudication was one of them but I´m not very sure about it.I was hoping that a senior member from this site could shed some light for me ,or if anyone went trough this already could share there experience.
[19-04-2011,23:29]
[**.190.146.235]
Anonymous |
