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Criminal Inadmissibility in Canada

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  • Criminal Inadmissibility in Canada

    Does anyone on the forum know if an arrest for Indecent Exposure (1st degree misdemeanor in the U.S.) where adjudication of guilt was withheld (meaning that it is technically not a conviction) and the arrest record was subsequently sealed (which may or may not be equal to a pardon or record suspension in Canada) in the state of Florida will make someone criminally inadmissible, and thus not able to enter Canada? I have contacted a number of Canadian immigration attorneys who say that the Canadian equivalent of Indecent Exposure is a summary offence (rather than an indictable offence) and that only having one on your record is not sufficient to be deemed criminally inadmissible, but I need more reassurance. I do not have time to apply for a Temporary Resident Visa or Rehabilitation (which are the two options for individuals who are deemed criminally inadmissible). I have traveled to Canada since the charge has been sealed with no problem, but I'm worried that a border official may bar me from entering the country which would be a true shame because I have two friends that are waiting to see me and I'm leaving on Nov. 21. Thanks in advance for any help.

  • #2
    Re: Criminal Inadmissibility in Canada

    I wish to inform you that you may generally go to Canada if there was no punishment attached to your adjudication of guilt withheld. Further as your record has been sealed or destroyed thus this may enable you to go to Canada without restrictions.

    AFF

    Comment


    • #3
      Re: Criminal Inadmissibility in Canada

      AFFA,

      Thank you for your reply. I should say that there was a punishment attached to the charge: 6 months of probation, fines and community service. However, there was no jail time, and, technically, in the U.S. you are not really considered "convicted" unless you are found guilty in a court of law, because you are innocent until proven guilty. What I'm more interested in understanding is if the Canadian equivalent of Indecent Exposure is a summary offence. Three or four separate Canadian immigration lawyers told me that it was, but in my understanding it can also be considered a "hybrid" offence (either punishable by indictment or as a summary offence). If it is indeed a "hybrid" offence, I understand that it is almost always considered an indictable offence by Canadian customs officials. I am worried because I've already paid for my plane tickets, booked my hotels and notified my two Canadian friends that I would be visiting them and, like I said before, I do not have time to file for a Temporary Resident Visa or apply for Rehabilitation because both processes take a very long time, according to what I've read and been told my the Canadian immigration lawyers I talked to. I just hope that the charge is considered a summary offence and that they will look favorably on the fact that the adjudication of guilt was withheld and that the arrest record was subsequently sealed because I am worried. That being said, I did travel to Canada in March of 2011, shortly after the record had been sealed, with no problems, so I'll keep my fingers crossed. I was also told by the lawyers to bring paperwork related to the case (indicating that adjudication was withheld and that the record had been sealed) to the border with me to show the border official if need be.

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      • #4
        Re: Criminal Inadmissibility in Canada

        Just curious about your trip.....Did you have any problems entering Canada?

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        • #5
          Re: Criminal Inadmissibility in Canada

          If you received a record suspension or a discharge for your conviction in another country, check with the visa office that serves the country or region where you live. It will tell you if the pardon is valid in Canada.

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          • #6
            Re: Criminal Inadmissibility in Canada

            I need help with a similar issue. My wife was charged with a misdemeanor of selling alcohol to a minor. She got adjudication withheld, no probation or anything, just paid a fine and court costs. Very minor misdemeanor here in Fl. She is 49 years old and never had even a traffic ticket before. Simple mistake that was made on the job when the restaurant she was working at was very busy. The incident happened in March. We want to drive our RV through Canada to get to Alaska in a few weeks. Will this be an issue?

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            • #7
              Re: Criminal Inadmissibility in Canada

              Possibly, yes. I know people have gone through a few times with no problem, get nailed on the third time and it is put into a computer so they can never return.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

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              • #8
                Re: Criminal Inadmissibility in Canada

                Thanks. Gonna make a call to the Embassy in New York for some more definite answers. Terrible that such a minor honest mistake can cause so much hardship.

                Comment


                • #9
                  Re: Criminal Inadmissibility in Canada

                  Originally posted by Jibaro View Post
                  Does anyone on the forum know if an arrest for Indecent Exposure (1st degree misdemeanor in the U.S.) where adjudication of guilt was withheld (meaning that it is technically not a conviction) and the arrest record was subsequently sealed (which may or may not be equal to a pardon or record suspension in Canada) in the state of Florida will make someone criminally inadmissible, and thus not able to enter Canada? I have contacted a number of Canadian immigration attorneys who say that the Canadian equivalent of Indecent Exposure is a summary offence (rather than an indictable offence) and that only having one on your record is not sufficient to be deemed criminally inadmissible, but I need more reassurance. I do not have time to apply for a Temporary Resident Visa or Rehabilitation (which are the two options for individuals who are deemed criminally inadmissible). I have traveled to Canada since the charge has been sealed with no problem, but I'm worried that a border official may bar me from entering the country which would be a true shame because I have two friends that are waiting to see me and I'm leaving on Nov. 21. Thanks in advance for any help.
                  The immigration attorneys you contacted are 'in the know' about Immigration Canada's laws and what flies and what does not. So, I would take their advice over a layman's any day. Or attorneys from any other country. Or from attorneys who are not Immigration lawyers in Canada.

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