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Criminal Rehabilitation - My story to help others

Criminal Rehabilitation - My story to help others

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Old Jan 3rd 2010, 11:26 am
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Default Criminal Rehabilitation - My story to help others

Hi Folks,

Since joining i have asked a few questions in threads and been given some excellent answers which have really helped me.

What i wanted to do was type out my experience of the Criminal Rehabilitation process for Canada so that others can see how it is unfolding as my way of giving something back to the forum.

To be fair most people are too embarrased to detail exactly what they were convicted of, what steps they had to go through to collect the evidence for their application etc so i thought i would be open and honest to help others going through the same process in the future as there are things you can do to help yourself.

Just to clarify my situation is ongoing and i will update this thread with new info as and when i receive it. I am applying for rehabilitation first before my PR application is even started.

Background

I successfully applied for a 10 year USA visitors visa in December 2008 so that i could go to Vegas for my brothers wedding, my Association of Chief of Police Officers Certificate from the UK shows the following information:

Assault 17/09/01 - Sentence deferred, Compensation and 250 Community Service order.

Sadly the certificate is only valid for 6 months so i needed to re-apply for a new cert for my Canadian Criminal Rehabilitation application, a point of note that your full ACPO application including proof of ID is destroyed by ACPO after 12 months so i had to complete all of the paperwork again from scratch.

Details on my conviction

I was attacked inside a nightclub by 3 guys who mistook me for my younger brother, once put outside i made the stupid mistake of staying to fight when i had an opportunity to walk away, the fight outside was captured on CCTV.

I kicked someone in the head causing him to fall to the ground to his injury (broken jaw)

The above description is taken directly from my extract of conviction from the Scottish Courts and is the exact wording that the CIC will read.

I ordered and paid for a certified copy of this from the local court and will be sending it with my application

Sentence

This extract also details my sentence of a £300 fine and 250 hours unpaid Community Service.

The reason i was not given a custodial sentence was because i renderred first aid to the gentleman i had assaulted by placing him into the recovery position and only struck him once, i also remained calm enough not to strike his 2 friends despite them swinging several punches at me. Sadly the attack on me within the night club was not captured on camera. An important point to note as i am sure it may be asked by CIC is that alcohol was not a contributing factor, i was driving that night and was drinking soft drinks.

I have a copy of the CCTV video should CIC wish to view it.

Proof of payment of fine

From the same Court i also asked for proof that i had fully paid my fine this was sent and again stamped as a certified true copy.

Please note it is very important that you check your personal details on any paperwork sent to you.

Both my extract of conviction and proof that my fine had been paid had my DOB incorrectly shown


Community Service

Lastly i applied to the Criminal Justice Service who wrote a detailed report on my behaviour whilst on Community Service, this included details of the work i undertook, a ranking of my behaviour and an exact date that my 250 hours was completed.

The 10 year rehabilitation period only begins at the end of your sentence e.g. when your fine is fully paid OR Community service is completed which ever is the later

Additional supporting info

In order to make sure that i had every base covered i took the step of applying to every Police force that i had lived under for details of any information held on me under either 1 - Disclosure Scotland legislation for Scottish Forces or 2 - Subject Access request for English Police Forces.

I was in the Army and moved around a fair bit, i wanted all of the information held on me from every force i had lived under to go in with my application to prevent CIC having to search for it.

An important point of note regarding English Police Force Subject Access request.

In England you apply on form 1091A for basic information held on you on the Police National Computer to your local force (It shows up exactly the same as on your ACPO cert so a completewaste of £10)

However if you want full details of any contact with the police e.g. as a witness to a crime or for arrest but no conviction then you need to apply on form 1091B which provides you with the full disclosure of any info held.

You do not have this problem in Scotland 1 form provides the full details.

Every request costs £10 and if you want to find the exact forms just use Google and type in for example "Suffolk Police Subject access request" and you will find a link to the official form

Character reference

I took the additional step of having a serving Canadian Police Officer write a character reference for me, we served together in Bosnia for 2 years and he has helped me detail the Canadian law and section number for assault as this is required on the application. This character reference is not required but hopefully will carry some weight.

Final points

My life has changed a huge amout since my charge, i have settled back into Civilian life and have been working hard to improve my life, i attended University for 3 years and gained my MSc, i have put a copy of this in with my application, i have also had a steady job for the last 6 years with the same employer and they too have supplied a character reference. I have had no further dealings with the Police since 2001 and i intend to keep it that way, hopefully showing that the incident was a one off lack of judgement that i regret from the bottom of my heart!

My forms go in on Monday morning, i will keep you all posted on any feedback i receive and will update this thread accordingly.

I hope ths thread helps others who are considering the criminal rehabilitation route?

Regards

ScottyB
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Old Jan 4th 2010, 9:07 pm
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by ScottyB
Hi Folks,

Since joining i have asked a few questions in threads and been given some excellent answers which have really helped me.

What i wanted to do was type out my experience of the Criminal Rehabilitation process for Canada so that others can see how it is unfolding as my way of giving something back to the forum.

To be fair most people are too embarrased to detail exactly what they were convicted of, what steps they had to go through to collect the evidence for their application etc so i thought i would be open and honest to help others going through the same process in the future as there are things you can do to help yourself.

Just to clarify my situation is ongoing and i will update this thread with new info as and when i receive it. I am applying for rehabilitation first before my PR application is even started.

Background

I successfully applied for a 10 year USA visitors visa in December 2008 so that i could go to Vegas for my brothers wedding, my Association of Chief of Police Officers Certificate from the UK shows the following information:

Assault 17/09/01 - Sentence deferred, Compensation and 250 Community Service order.

Sadly the certificate is only valid for 6 months so i needed to re-apply for a new cert for my Canadian Criminal Rehabilitation application, a point of note that your full ACPO application including proof of ID is destroyed by ACPO after 12 months so i had to complete all of the paperwork again from scratch.

Details on my conviction

I was attacked inside a nightclub by 3 guys who mistook me for my younger brother, once put outside i made the stupid mistake of staying to fight when i had an opportunity to walk away, the fight outside was captured on CCTV.

I kicked someone in the head causing him to fall to the ground to his injury (broken jaw)

The above description is taken directly from my extract of conviction from the Scottish Courts and is the exact wording that the CIC will read.

I ordered and paid for a certified copy of this from the local court and will be sending it with my application

Sentence

This extract also details my sentence of a £300 fine and 250 hours unpaid Community Service.

The reason i was not given a custodial sentence was because i renderred first aid to the gentleman i had assaulted by placing him into the recovery position and only struck him once, i also remained calm enough not to strike his 2 friends despite them swinging several punches at me. Sadly the attack on me within the night club was not captured on camera. An important point to note as i am sure it may be asked by CIC is that alcohol was not a contributing factor, i was driving that night and was drinking soft drinks.

I have a copy of the CCTV video should CIC wish to view it.

Proof of payment of fine

From the same Court i also asked for proof that i had fully paid my fine this was sent and again stamped as a certified true copy.

Please note it is very important that you check your personal details on any paperwork sent to you.

Both my extract of conviction and proof that my fine had been paid had my DOB incorrectly shown


Community Service

Lastly i applied to the Criminal Justice Service who wrote a detailed report on my behaviour whilst on Community Service, this included details of the work i undertook, a ranking of my behaviour and an exact date that my 250 hours was completed.

The 10 year rehabilitation period only begins at the end of your sentence e.g. when your fine is fully paid OR Community service is completed which ever is the later

Additional supporting info

In order to make sure that i had every base covered i took the step of applying to every Police force that i had lived under for details of any information held on me under either 1 - Disclosure Scotland legislation for Scottish Forces or 2 - Subject Access request for English Police Forces.

I was in the Army and moved around a fair bit, i wanted all of the information held on me from every force i had lived under to go in with my application to prevent CIC having to search for it.

An important point of note regarding English Police Force Subject Access request.

In England you apply on form 1091A for basic information held on you on the Police National Computer to your local force (It shows up exactly the same as on your ACPO cert so a completewaste of £10)

However if you want full details of any contact with the police e.g. as a witness to a crime or for arrest but no conviction then you need to apply on form 1091B which provides you with the full disclosure of any info held.

You do not have this problem in Scotland 1 form provides the full details.

Every request costs £10 and if you want to find the exact forms just use Google and type in for example "Suffolk Police Subject access request" and you will find a link to the official form

Character reference

I took the additional step of having a serving Canadian Police Officer write a character reference for me, we served together in Bosnia for 2 years and he has helped me detail the Canadian law and section number for assault as this is required on the application. This character reference is not required but hopefully will carry some weight.

Final points

My life has changed a huge amout since my charge, i have settled back into Civilian life and have been working hard to improve my life, i attended University for 3 years and gained my MSc, i have put a copy of this in with my application, i have also had a steady job for the last 6 years with the same employer and they too have supplied a character reference. I have had no further dealings with the Police since 2001 and i intend to keep it that way, hopefully showing that the incident was a one off lack of judgement that i regret from the bottom of my heart!

My forms go in on Monday morning, i will keep you all posted on any feedback i receive and will update this thread accordingly.

I hope ths thread helps others who are considering the criminal rehabilitation route?

Regards

ScottyB
All the best of luck and hopefully this info will help others in this position. Well done on your honesty
lins
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Old Jan 5th 2010, 9:51 am
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by LinsyPinsy
All the best of luck and hopefully this info will help others in this position. Well done on your honesty
lins
Thanks Lins,

Your words are appreciated, i was in 2 minds whether to put my experiences into print but if it helps 1 other person then it has been worth it.

Some info hot off the press, ACPO just emailed me and they have updated their application form for Police Certificates. They have also reduced the time they retain your proof of ID etc from 12 months to 3 months only, they have been kind enough to honour my application on the old forms but have warned that they will be rejecting old application forms going forward.

I told them that their Website still had a link to the old style application and they have removed it, the new application is now at the following link.

http://www.acpo.police.uk/Certificat...App%20Form.pdf

Regards

ScottyB
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Old Jan 5th 2010, 10:10 am
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by ScottyB
Thanks Lins,

Your words are appreciated, i was in 2 minds whether to put my experiences into print but if it helps 1 other person then it has been worth it.

Some info hot off the press, ACPO just emailed me and they have updated their application form for Police Certificates. They have also reduced the time they retain your proof of ID etc from 12 months to 3 months only, they have been kind enough to honour my application on the old forms but have warned that they will be rejecting old application forms going forward.

I told them that their Website still had a link to the old style application and they have removed it, the new application is now at the following link.

http://www.acpo.police.uk/Certificat...App%20Form.pdf

Regards

ScottyB
Wow...this seems like going above and beyond the call here with all this documented and backed-up information...you must be in UK ...I dont think you would see that sort of meticulism here except if you worked in a lawyers office or similar..

I for one really hope that you get to your brothers wedding after all that hard work
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Old Jan 5th 2010, 11:42 am
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by Relocateme
Wow...this seems like going above and beyond the call here with all this documented and backed-up information...you must be in UK ...I dont think you would see that sort of meticulism here except if you worked in a lawyers office or similar..

I for one really hope that you get to your brothers wedding after all that hard work
Hi Relocateme,

All of the above court and Police info is required under the Criminal Rehabilitation scheme for Canada, the only additional items i have included is character references from employer and Canadian Police Officer and copies of my degree which has been undertaken after i was charged.

The 10 years visitors visa for the USA was for my brothers wedding, the current Canadian application is to give me the green light to apply for PR.

Regards

Scott
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Old Jan 7th 2010, 12:06 am
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Default Re: Criminal Rehabilitation - My story to help others


The 10 year rehabilitation period only begins at the end of your sentence e.g. when your fine is fully paid OR Community service is completed which ever is the later


I've been through criminal rehab myself (arrived in Vancouver six weeks ago) and this DID NOT APPLY to my case.

I was convicted of drink driving in Jan 2004, sentence completed (i.e. fine paid off) Oct 2006 and was still able to apply for rehab in Jan 2009.

You can show me the CIC website all you want I'm living proof that for some offences it is 5 years from date of CONVICTION.

Apologies for the multiple sizes and colours but this is important for people to know!

Also I whole-heartedly approve of the strategy of submitting testimonials and certifications gained after the offence. I've got an MSc. degree since the conviction as well and I believe it helps to show you are 'back on track'. I hit them with everything I could think of degree certificates, testimonials, the whole kitchen sink. Don't make them ask for anything.

Good luck ScottyB, I know what it's like to get it all together and submit. It's worth it though when you get the approval letter!

Last edited by youngmimesofharlem; Jan 7th 2010 at 12:16 am.
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Old Jan 7th 2010, 12:18 am
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Default Re: Criminal Rehabilitation - My story to help others

One last thing:

If you are applying for police certificates from ACPO get some extra ones. You never know when you'll need them and they are cheaper if you get them all at once.
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Old Jan 7th 2010, 9:04 am
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by youngmimesofharlem

The 10 year rehabilitation period only begins at the end of your sentence e.g. when your fine is fully paid OR Community service is completed which ever is the later


I've been through criminal rehab myself (arrived in Vancouver six weeks ago) and this DID NOT APPLY to my case.

I was convicted of drink driving in Jan 2004, sentence completed (i.e. fine paid off) Oct 2006 and was still able to apply for rehab in Jan 2009.

You can show me the CIC website all you want I'm living proof that for some offences it is 5 years from date of CONVICTION.

Apologies for the multiple sizes and colours but this is important for people to know!

Also I whole-heartedly approve of the strategy of submitting testimonials and certifications gained after the offence. I've got an MSc. degree since the conviction as well and I believe it helps to show you are 'back on track'. I hit them with everything I could think of degree certificates, testimonials, the whole kitchen sink. Don't make them ask for anything.

Good luck ScottyB, I know what it's like to get it all together and submit. It's worth it though when you get the approval letter!
Thanks for taking the time to post your experiences as well it is appreciated.

It is also good to know that in some cases they will work on 5 years from date of conviction, it is just a pity they probably don't set any hard and fast rules as to which offences they would consider in these circumstances.

1 way would be for people with time sensitive applications like i have seen recently e.g. want to get to Canada before kids are x years of age but have a conviction would be to submit the Rehabilitation paperwork anyway.

It only costs 200 CAD if NOT being referred to the Minister for a review so may be worth submitting early? They can only knock you back, if you put the time and effort into pulling a really good folder of evidence together this will surely help.

Great advice on getting additional ACPO certs as well, at £5 per extra at time of applying it is worth getting a few spares, just remember though they are only accepted by CIC if they are within the last 6 months.

Good luck in your new life in Canada!

Regards

ScottyB
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Old Feb 12th 2010, 8:36 am
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Default Re: Criminal Rehabilitation - My story to help others

A quick update for everyone.

My application has been returned incomplete and i wanted to let everyone know why so that they can make sure they don't make the same mistakes.

1 - My references were deemed as incomplete - CIC have asked for 3 references from "Upstanding Members of the Community" now this is quite a broad term so i have gained clarification.

They want UK references from people who are NOT family and have known me since before the conviction. They also want my conviction specificaly mentioned within the reference to prove that it has not been "hidden" from those writting the reference.

I have managed to get written references from the following:

A - Local Member of Parliment - Has known both me and my family for 30+ years

B - Financial Advisor - Has been dealing with my affairs for 10+ years

C - Old Regimental Seargent Major from my time in the Forces.

2 - My application was submitted without a letter from the original lawyer dealing with the case.

This has now been rectified, he was required to confirm that my conviction was spent under the rehabilitation of Offenders Act here in the UK and did so, i also had him notarise all of the documents as he had the capacity to do this as well.

Errors sorted will be re-submitting again and will keep everyone posted.

I left the Reference from the Canadian Police Officer in the application.

Regards

ScottyB
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Old Feb 12th 2010, 7:41 pm
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by ScottyB
A quick update for everyone.

My application has been returned incomplete and i wanted to let everyone know why so that they can make sure they don't make the same mistakes.

1 - My references were deemed as incomplete - CIC have asked for 3 references from "Upstanding Members of the Community" now this is quite a broad term so i have gained clarification.

They want UK references from people who are NOT family and have known me since before the conviction. They also want my conviction specificaly mentioned within the reference to prove that it has not been "hidden" from those writting the reference.

I have managed to get written references from the following:

A - Local Member of Parliment - Has known both me and my family for 30+ years

B - Financial Advisor - Has been dealing with my affairs for 10+ years

C - Old Regimental Seargent Major from my time in the Forces.

2 - My application was submitted without a letter from the original lawyer dealing with the case.

This has now been rectified, he was required to confirm that my conviction was spent under the rehabilitation of Offenders Act here in the UK and did so, i also had him notarise all of the documents as he had the capacity to do this as well.

Errors sorted will be re-submitting again and will keep everyone posted.

I left the Reference from the Canadian Police Officer in the application.

Regards

ScottyB
Fingers crossed it goes well for you
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Old Feb 13th 2010, 8:30 pm
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Default Re: Criminal Rehabilitation - My story to help others

Good luck with the application. I really hope that it goes well for you
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Old Feb 15th 2010, 8:12 pm
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by youngmimesofharlem

The 10 year rehabilitation period only begins at the end of your sentence e.g. when your fine is fully paid OR Community service is completed which ever is the later


I've been through criminal rehab myself (arrived in Vancouver six weeks ago) and this DID NOT APPLY to my case.

I was convicted of drink driving in Jan 2004, sentence completed (i.e. fine paid off) Oct 2006 and was still able to apply for rehab in Jan 2009.

You can show me the CIC website all you want I'm living proof that for some offences it is 5 years from date of CONVICTION.

Apologies for the multiple sizes and colours but this is important for people to know!

Also I whole-heartedly approve of the strategy of submitting testimonials and certifications gained after the offence. I've got an MSc. degree since the conviction as well and I believe it helps to show you are 'back on track'. I hit them with everything I could think of degree certificates, testimonials, the whole kitchen sink. Don't make them ask for anything.

Good luck ScottyB, I know what it's like to get it all together and submit. It's worth it though when you get the approval letter!
Hi there, this is incredible!!! living proof!!!, my case is so much similar to yours. I was convicted of " Drunk in charge of a motor vehicle " in Feb 2005 and had served my sentence of a ban by November 2005 !!?

Your case has opened up new hope for my family because I thought I had to wait for the full 5 years.

I've never been in trouble with the police for anything else and since my conviction have held a stable job as a HGV driver with crane at a reputable local Builders merchants.

I would really appreciate any help that I can get with my application for rehab,

- where do I find out about the statute number for the offence I have been convicted.

- No. 15 on application- explaining the events/circumstances etc.
How can I best describe what happened on the day of my offence.

-No.17 on application- provide reasons why you feel rehabilitated etc
What can I say here because it's not as if I commited any extreme crimes, so how can I say I don't represent a risk to public safety, please advise....

Re: documentation, did you have some form of court judgement as I can't find anything of the sort? if I was given it at all.

- Where or how do I get "Text of Non-Canadian Statutes" for attachments to application.

- Are there any other documents they require re:sentence/fine etc.

I will be forever grateful to yourselves if I can sort out this application successfully and be granted a rehabilitation ready for visa process....

Thankyou in advance and hope to hear from you soon..................

Regards

Bal
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Old Feb 15th 2010, 8:51 pm
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Default Re: Criminal Rehabilitation - My story to help others

Hi Bal

I am going through the rehab process myself.You have to submit a rehab form along with the fee $200 and following

A current police certificate from the acpo (it has to be a certificate for immigration)

A copy of you passport

A MEMORANDUM OF CONVICTION CERTIFICATE you can get this by phoning the court that delt with your case you have to pay a fee i paid £40.00

Then send all the above.

On my application i stated what made me commit the offence,how my actions have effected myself and other people,and why i feel that i am rehabilitated,and how i have changed my life since the offence.

hope this helps

graham
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Old Feb 21st 2010, 6:39 pm
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by graham and george
Hi Bal

I am going through the rehab process myself.You have to submit a rehab form along with the fee $200 and following

A current police certificate from the acpo (it has to be a certificate for immigration)

A copy of you passport

A MEMORANDUM OF CONVICTION CERTIFICATE you can get this by phoning the court that delt with your case you have to pay a fee i paid £40.00

Then send all the above.

On my application i stated what made me commit the offence,how my actions have effected myself and other people,and why i feel that i am rehabilitated,and how i have changed my life since the offence.

hope this helps

graham
Hi guys,

thanks for the advice it was very helpful, please keep us posted on your progress and if you have any more tips to offer and if I know of any more details will let you know.

Cheers..............

ps. if anyone can let us know how soon their rehabilitation was granted, it would give us an idea of processing times as one person said his was done in 55 days??!
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Old Feb 22nd 2010, 11:38 am
  #15  
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ianbaird has a brilliant futureianbaird has a brilliant futureianbaird has a brilliant futureianbaird has a brilliant futureianbaird has a brilliant futureianbaird has a brilliant future
Default Re: Criminal Rehabilitation - My story to help others

My Rehab was done in under 10days.
Regards
Ian
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