Originally Posted by N8GOW

How long does the whole process take for the Application for Criminal Rehabilitation take, does any-one have a step by step idiots guide.

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

Originally Posted by youngmimesofharlem

Dear all,

A lot of people have asked me for help to 'convince' the Canadian authorities so I thought I would post up the original letter I sent to Canada House way back in early 2009.

It is here in full (minus my personal details obviously) ready for cut 'n' paste:

Canadian High Commission
Immigration Section
38 Grosvenor Street
London
W1K 4AA,
United Kingdom


To whom it may concern,

Please find enclosed my application for criminal rehabilitation and corresponding supporting documents. I have been informed that I am able to apply for criminal rehabilitation in Canada once my conviction has been considered ‘spent’ in Britain as our two countries have similar standards of justice. I was convicted on XX Month Year, which under the British Rehabilitation of Offenders Act 1974 means that my conviction was considered ‘spent’ on XX Month Year + 5, therefore I write to you today enclosing my rehabilitation application for your consideration.

There are some areas of my application that may require clarification, please find below additional information that may be of use in the decision process.


1. I have enclosed a signed notary document from a solicitor that explains the Rehabilitation of Offenders Act, attests that my convictions are indeed spent, and also includes a bound, original ACPO police certificate

2. I have enclosed a copy of relevant Canadian legislation that I believe corresponds to my convictions in Britain in order to aid the rehabilitation process;

a. I believe the British offence of ‘Driving a Motor Vehicle with Excess Alcohol’ is correspondent to offence 253 (a) of the Canadian Criminal Code, the relevant page of which is included for reference.

b. I believe the British offence of ‘Using a Vehicle whilst Uninsured’ is not found in the Canadian Criminal Code but instead can be found in provincial law. As I intend to visit Vancouver I have used the British Columbia Motor Vehicle Act [RSBC 1996]. I believe it corresponds to Chapter 318, Section 24, Sub-Section (3)(a) of the said Act, the relevant page of which is included for reference.

c. I believe the British offence of ‘Driving otherwise than in Accordance with a Licence’ is not found in the Canadian Criminal Code but instead can be found in provincial law. As I intend to visit Vancouver I have used the British Columbia Motor Vehicle Act [RSBC 1996]. I believe it corresponds to Chapter 318, Section 24, Sub-Section (2) of the said Act, the relevant page of which is included for reference.


I hope the above information will answer any queries that may arise whilst checking my supporting documents and furthermore I would like to take this opportunity to thank you for considering my application and looked forward to receiving your decision on the matter.

Kind Regards,

YoungMimesOfHarlem

As you can see I was a very stupid young man and copped three convictions at once. If you were 'only' convicted of drink driving then you only need part a) of section 2.

The canadian law is all identified in the letter, all you need to do is type into Google (I can't do everything).

Also required (or considered extremely advisable is the following:
1. A couple of paragraphs explaining what happened. Do not sugar coat it, just be honest, it might sound bad but you ain't no Pablo Escobar.

2. A couple of paragraphs explaining why you consider yourself rehabilitated. Just how you got back on track. I said I moved abroad (to Sweden) and away from the crowd I was with and I got a degree etc. Just show you're integrated into British society and that you have made steps to improve yourself

3. The British LAW that applies to you. If it's drink driving it will be the same as in my letter, so look it up on the internet.

4. The Canadian Law. Again if it's drink driving it will be the same Canadian criminal Code as mine so hit Google.

5. Police Certificates from ACPO

6. A signed declaration from a notary public Solicitor to the effect that these are indeed the British Laws and you are indeed telling the truth that your conviction is spent. This can be your original solicitor or another Notary Public in almost any town Britain. It will cost about £200. (Should have gone to law school shouldn't we?)

I included three testimonies from 'notable' people who were unrelated to me (two barristers and a teacher). Anything you can think of that makes you look good put it in the envelope.

Then package it all together with the rest of the forms needed for Rehab and send it off.

Good night, and good luck.

Originally Posted by ScottyB

Hi NixieLukas,

Welcome.

My advice is not to go off what the Canadian woman is saying.

Strange set up but the rehabilitation process for your other half will be dealt with in London UK because he is British.

You run the risk of his application being returned incomplete if he does not send all of the information as required under the UK process.

The best tips i can give you are to use the checklist as supplied on the UK site and send everything they ask for. If they have to ask for additional information it will delay the process which is why my application took so long, my references were not suitable.

Read their requirements and stick to them and it will be processed fairly quickly.

I have not heard of anyone on the forum being declined rehabilitation for just a Drink Driving Offence so you should be fine.

Good luck and keep us posted.

Regards

Scott

Originally Posted by ScottyB

Hi Nixie,

You need to find 3.......

Think about local Councillor, Friend who is a Police Officer/Fireman.

Local Headteacher/Lawyer anybody who has known him for a reasonable time and will speak up for his character.

Regards

ScottyB

Originally Posted by NixieLukas

There would literally be no-one. He was quite naughty in school and he's 28 now so I'm not sure if any teachers would be willing to vouch for him.

He/his family don't know any lawyers/doctors/council members or anyone "important"

I'm leaving for Canada tomorrow and I'm going to try and call again and inquire further...

Are you in Canada now? How are you liking it?

Originally Posted by bron111

hI - i would have thought providing copy of relevant law showing that your conviciton is spent, along with your criminal record and evidence of any fines paid, which the court office should provide would be sufficent. If you are having trouble try contacting NIACRO who work with Offenders and would have someone that may be able to advice you., or a similar organisation as this is a northern ireland organisation Hope this helps bron

Originally Posted by NixieLukas

Quick question - where did everyone get their "(If applicable), a letter from a UK lawyer experienced in criminal law confirming that
your conviction(s) as identified on your Police Record has been “spent” under the UK Rehabilitation of Offenders Act of 1974 and that any fines/compensations or community orders have been paid or completed;"

I've contacted about 4 criminal law firms and none of them could help me. The last firm I contacted said to contact the lawyer who represented my boyfriend in court for his DUI and they could help me get the letter.

My boyfriend didn't have a lawyer for that case I found out, so I was just wondering if anybody could tell me where they got their letter from.

Any help would be GREATLY appreciated!! Thanks!