Criminal Rehabilitation - My story to help others
Jan 27th 2011, 9:00 pm
#121
Just Joined
Joined: Dec 2010
Location: Ampthill, UK
Posts: 16
Re: Criminal Rehabilitation - My story to help others
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.
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.
My boyfriend has a DUI and is applying for criminal rehabilitation. He has an old friend from school that he lost touch with over the years and recently ran into.
He is now a police officer. He is aware of my boyfriend's record and we'd like him to write the character reference letter but he is a bit hesitant, because he's afraid of being contacted and not being able to be compleeetely honest.
Do you think this an awful idea and he should have cause for concern/would look shady or do you think it would be a viable plan....
Jan 28th 2011, 6:12 pm
#122
Forum Regular
Joined: Dec 2008
Posts: 203
Re: Criminal Rehabilitation - My story to help others
Hi there Nik,
Personally I can't see the harm because they were friends back at school and also I know people who have had their local councillor's/M.P's put together a nice reference and they definatly do not know each other that well.
Just do it, it'll be ok!
Keep it all smart and professional.
Bal
Personally I can't see the harm because they were friends back at school and also I know people who have had their local councillor's/M.P's put together a nice reference and they definatly do not know each other that well.
Just do it, it'll be ok!
Keep it all smart and professional.Bal
Feb 7th 2011, 4:32 pm
#123
Account Closed
Joined: Nov 2010
Posts: 38
Re: Criminal Rehabilitation - My story to help others
I have a question in regards to the references. Has anyone's contacts ever been contacted?
My boyfriend has a DUI and is applying for criminal rehabilitation. He has an old friend from school that he lost touch with over the years and recently ran into.
He is now a police officer. He is aware of my boyfriend's record and we'd like him to write the character reference letter but he is a bit hesitant, because he's afraid of being contacted and not being able to be compleeetely honest.
Do you think this an awful idea and he should have cause for concern/would look shady or do you think it would be a viable plan....
My boyfriend has a DUI and is applying for criminal rehabilitation. He has an old friend from school that he lost touch with over the years and recently ran into.
He is now a police officer. He is aware of my boyfriend's record and we'd like him to write the character reference letter but he is a bit hesitant, because he's afraid of being contacted and not being able to be compleeetely honest.
Do you think this an awful idea and he should have cause for concern/would look shady or do you think it would be a viable plan....
One reason the police officer may be reluctant to help is that it is an offence under police regulations for a serving police officer to give a character reference for any person unless he first has permission to do so from his chief constable.
To do so without this permission could land him in big trouble with his employer if it came to light. Although It probably would not come to light the officer may not want to take the chance.
The answer would be for the officer to gain this permission first and then he could write the reference without any worries. Just ask him, what have you got to loose.
Better still do you know any retired police officers ? the discipline regulations no longer apply to them and they would perhaps be a lot happier to do it.
Hope this helps, and good luck with your application.
Bob.
Feb 7th 2011, 4:43 pm
#124
Just Joined
Joined: Dec 2010
Location: Ampthill, UK
Posts: 16
Re: Criminal Rehabilitation - My story to help others
Hi Nick,
One reason the police officer may be reluctant to help is that it is an offence under police regulations for a serving police officer to give a character reference for any person unless he first has permission to do so from his chief constable.
To do so without this permission could land him in big trouble with his employer if it came to light. Although It probably would not come to light the officer may not want to take the chance.
The answer would be for the officer to gain this permission first and then he could write the reference without any worries. Just ask him, what have you got to loose.
Better still do you know any retired police officers ? the discipline regulations no longer apply to them and they would perhaps be a lot happier to do it.
Hope this helps, and good luck with your application.
Bob.
One reason the police officer may be reluctant to help is that it is an offence under police regulations for a serving police officer to give a character reference for any person unless he first has permission to do so from his chief constable.
To do so without this permission could land him in big trouble with his employer if it came to light. Although It probably would not come to light the officer may not want to take the chance.
The answer would be for the officer to gain this permission first and then he could write the reference without any worries. Just ask him, what have you got to loose.
Better still do you know any retired police officers ? the discipline regulations no longer apply to them and they would perhaps be a lot happier to do it.
Hope this helps, and good luck with your application.
Bob.
I will try and think of someone. Although my boyfriend really doesn't know a lot of people (neither do his parents) so we're really trying to rack our brains thinking of someone. Does the person's profession REALLY matter? Or is it that they've known the applicant for a long time.
Feel really stuck...thanks for all your help though!
Nikki
Feb 7th 2011, 5:13 pm
#125
Account Closed
Joined: Nov 2010
Posts: 38
Re: Criminal Rehabilitation - My story to help others
Hi Bob, thanks so much for your reply, really puts it into more perspective for me.
I will try and think of someone. Although my boyfriend really doesn't know a lot of people (neither do his parents) so we're really trying to rack our brains thinking of someone. Does the person's profession REALLY matter? Or is it that they've known the applicant for a long time.
Feel really stuck...thanks for all your help though!
Nikki
I will try and think of someone. Although my boyfriend really doesn't know a lot of people (neither do his parents) so we're really trying to rack our brains thinking of someone. Does the person's profession REALLY matter? Or is it that they've known the applicant for a long time.
Feel really stuck...thanks for all your help though!
Nikki
Well the position held by the person giving the character reference is seen by some to hold more weight the higher their position is rightly or wrongly,
There must be someone who can help, an ex employer perhaps, family doctor ? do you know anyone who runs their own business who could do it as a company director, dosent have to be a large business ? a friend of a friend may help, the local priest or vicar, some one he knows from the gym who has connections ? dont give up.
Best of luck.
Bob.
Mar 4th 2011, 10:53 pm
#126
Account Closed
Joined: Nov 2009
Posts: 183
Re: Criminal Rehabilitation - My story to help others
I've just got my criminal bakgroundcheck/police certificate back, and it states "no trace". Despite an arrest for drink driving back in 94.
Mar 5th 2011, 4:38 pm
#127
Account Closed
Joined: Nov 2010
Posts: 38
Re: Criminal Rehabilitation - My story to help others
The details of your conviction will have been removed from the PNC after 10 years of you not having any more dealings with the police since the drink drive offence.
This would have been done under the old "weeding of records " rules that allowed old spent convictions such as yours to be removed. Google police weeding of records rules for information on this subject.
However since I think about 2006 following the Soham murders this weeding of records was stopped and people with convictions now have the records retained until reaching 100 years of age.
Old offences since 2006 are now stepped down as it is called after a certain amount of time has passed and are only released on enhanced crb checks and possibly immigration police certificates.
I,m very pleased for you as I dont think its fair that a person who makes a mistake should be penalised for years afterwards.
Good luck.
Bob.
Mar 5th 2011, 8:09 pm
#128
Account Closed
Joined: Nov 2009
Posts: 183
Re: Criminal Rehabilitation - My story to help others
Thanks for the reply
Is it worth putting on my background application form that I was arrested for opl/drink driving then. Or just leave it off completely as there is no trace?
Is it worth putting on my background application form that I was arrested for opl/drink driving then. Or just leave it off completely as there is no trace?
Mar 6th 2011, 8:09 am
#129
Account Closed
Joined: Nov 2010
Posts: 38
Re: Criminal Rehabilitation - My story to help others
It has been deleted, weeded, no longer exists.
As to telling them about it, that is a matter for your own conscience, as its over 10 years ago I believe you will now be deemed to be rehabilitated anyway.
So in short you should be ok whatever way you run with it.
Good luck.
Bob.
Mar 13th 2011, 4:26 am
#130
Just Joined
Joined: Mar 2011
Posts: 8
Re: Criminal Rehabilitation - My story to help others
hi there everybody im new to this web site and ive read everything that has been going on from page 1 right up till the last post . I have such a problem that i hope someone on here could plase help me with as im haveing a very hard time with it all . 8 months ago i took my very first trip to canada and i stayed for 6 months on a vistor record .on that trip i was visiting my canadian girlfriend and at the end of my 6 months i went back home to the uk . this is my problem and i have only myself to blame. as i was entering canada at the port of entry i was sent to a immagration officer were i was asked alot of questions .1 of the questions i was asked was have i ever been in trouble with the police before and without me thinking and being put in the spot i said NO and after a few more questions i was given my vistor record and aloud to stay in canada for my 6 months . now that im back in the uk and i loved my trip to canada so much i started looking up about getting a work visa for canada . but on my research i noticed alot of this rehabilitation process of witch people with police records have to go threw in order to visit canada . Now i no ive got myself in alot of trouble and that lie i told the immagration officer is gona bite me right up the arse and mess everything up for me . I never knew Canada had such strict rules on this . I now no i have to apply for this rehabilitation but i dont no what my chances are .
p.s im gona be honest here and tell u that i have 3 disorderly bahaviour offences were i went to courts on all and just got a fine . i was an idiot and in my late teens and was shouting and swaering at police and being a complete idiot . im now 28 and my last offence was 7 years ago
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p.s im gona be honest here and tell u that i have 3 disorderly bahaviour offences were i went to courts on all and just got a fine . i was an idiot and in my late teens and was shouting and swaering at police and being a complete idiot . im now 28 and my last offence was 7 years ago
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Mar 15th 2011, 10:32 pm
#131
Forum Regular
Joined: Oct 2009
Posts: 59
Re: Criminal Rehabilitation - My story to help others
I didn't know either when I rocked up at YVR airport in 2007 and they were very displeased.
If it's ten years from the date you were convicted then you are automatically rehabilitated. If it's five years then you must apply for rehabilitation. Now, I was told by CIC after I prepared the most beautiful application that I didn't need to do it and after five everything is fine for us Brits, BUT send an application in and tick 'for information only' (can someone confirm, it's been a while.) and they will let you know if you need to apply for rehab.
Check first before going back to Canada.
I cannot stress this bit enough. They take a dim view of people trying to wing it.
If it's ten years from the date you were convicted then you are automatically rehabilitated. If it's five years then you must apply for rehabilitation. Now, I was told by CIC after I prepared the most beautiful application that I didn't need to do it and after five everything is fine for us Brits, BUT send an application in and tick 'for information only' (can someone confirm, it's been a while.) and they will let you know if you need to apply for rehab.
Check first before going back to Canada.
I cannot stress this bit enough. They take a dim view of people trying to wing it.
Mar 16th 2011, 3:28 pm
#132
Just Joined
Joined: Mar 2011
Posts: 8
Re: Criminal Rehabilitation - My story to help others
I didn't know either when I rocked up at YVR airport in 2007 and they were very displeased.
If it's ten years from the date you were convicted then you are automatically rehabilitated. If it's five years then you must apply for rehabilitation. Now, I was told by CIC after I prepared the most beautiful application that I didn't need to do it and after five everything is fine for us Brits, BUT send an application in and tick 'for information only' (can someone confirm, it's been a while.) and they will let you know if you need to apply for rehab.
Check first before going back to Canada.
I cannot stress this bit enough. They take a dim view of people trying to wing it.
If it's ten years from the date you were convicted then you are automatically rehabilitated. If it's five years then you must apply for rehabilitation. Now, I was told by CIC after I prepared the most beautiful application that I didn't need to do it and after five everything is fine for us Brits, BUT send an application in and tick 'for information only' (can someone confirm, it's been a while.) and they will let you know if you need to apply for rehab.
Check first before going back to Canada.
I cannot stress this bit enough. They take a dim view of people trying to wing it.
hey there thank you for the heads up .its been seven years since my last time in trouble. If you dont mind me asking you have you traveld back to canada after all ur rehabilitation problem . were you able to start traveling to canada with any problems . thanks
Mar 18th 2011, 10:17 pm
#133
Forum Regular
Joined: Oct 2009
Posts: 59
Re: Criminal Rehabilitation - My story to help others
Goodguy:
I've been living in Vancouver since 2009. But I got a letter from CIC in London to say that was no longer considered criminally inadmissable before I arrived. It sounds like you will have to apply for rehabilitation but the good news is that you are eligible to do so. If you're honest i can't see a couple of fines being too much of a big deal. You're no Ronnie Biggs.
Start the process now! It can take months (mine took 3 months to assemble all the info for the submission, 4 months to process, 30 seconds to crack open the bubbly when the approval letter came.)
START NOW. Good luck.
I've been living in Vancouver since 2009. But I got a letter from CIC in London to say that was no longer considered criminally inadmissable before I arrived. It sounds like you will have to apply for rehabilitation but the good news is that you are eligible to do so. If you're honest i can't see a couple of fines being too much of a big deal. You're no Ronnie Biggs.
Start the process now! It can take months (mine took 3 months to assemble all the info for the submission, 4 months to process, 30 seconds to crack open the bubbly when the approval letter came.)
START NOW. Good luck.
Mar 19th 2011, 2:04 pm
#134
Just Joined
Joined: Mar 2011
Posts: 8
Re: Criminal Rehabilitation - My story to help others
Goodguy:
I've been living in Vancouver since 2009. But I got a letter from CIC in London to say that was no longer considered criminally inadmissable before I arrived. It sounds like you will have to apply for rehabilitation but the good news is that you are eligible to do so. If you're honest i can't see a couple of fines being too much of a big deal. You're no Ronnie Biggs.
Start the process now! It can take months (mine took 3 months to assemble all the info for the submission, 4 months to process, 30 seconds to crack open the bubbly when the approval letter came.)
START NOW. Good luck.
I've been living in Vancouver since 2009. But I got a letter from CIC in London to say that was no longer considered criminally inadmissable before I arrived. It sounds like you will have to apply for rehabilitation but the good news is that you are eligible to do so. If you're honest i can't see a couple of fines being too much of a big deal. You're no Ronnie Biggs.
Start the process now! It can take months (mine took 3 months to assemble all the info for the submission, 4 months to process, 30 seconds to crack open the bubbly when the approval letter came.)
START NOW. Good luck.
Mar 19th 2011, 3:15 pm
#135
Forum Regular
Joined: Oct 2007
Posts: 61
Re: Criminal Rehabilitation - My story to help others
Hi Everyone
Some very interesting points mentioned above, but it is still a minefield. I have a couple of questions which hopefully someone could answer?
I have the opportunity to go and work in Canada next year, in a fairly well placed management job with a good International company, however, unlike most of the above posters, I have a big criminal record, mainly, football related violence, going back to the late 80's early 90's. Now, whilst the majority of these are probably `spent`, the fact that there must over 10 of these offences, will this make me inadmissible to Canada, even though I could comment that I am a completely different person now from then, married, children, own house, good job, etc ???
Any information would be appreciated, so I know if I could pursue this avenue or not?
Some very interesting points mentioned above, but it is still a minefield. I have a couple of questions which hopefully someone could answer?
I have the opportunity to go and work in Canada next year, in a fairly well placed management job with a good International company, however, unlike most of the above posters, I have a big criminal record, mainly, football related violence, going back to the late 80's early 90's. Now, whilst the majority of these are probably `spent`, the fact that there must over 10 of these offences, will this make me inadmissible to Canada, even though I could comment that I am a completely different person now from then, married, children, own house, good job, etc ???
Any information would be appreciated, so I know if I could pursue this avenue or not?