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Criminal Rehabilitation - My story to help others

Criminal Rehabilitation - My story to help others

Old May 16th 2011, 7:04 pm
  #166  
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by compaq7550
Hi,

Firstly thanks to everyone here for their great advice and knowldge sharing.

I'm in the process of applying for rehab. I have a Theft conviction from Mar 2000 (value roughly £100k) with 4 counts within the conviction. I got 30 months for each count running concurrently.

I just need some advice. Can I apply for rehab? Do I have a chance of them approving it?

Thanks in advance.
after 10 years following the "completion" of the sentence you will be deemed rehabilitated. If its one instance with multiple charges you should be ok. When you're deemed rehabilitated you dont have to submit an application for rehabilitation. However i'd strongly advise you to send off a for information only application to see if you qualify as "deemed rehabilitated" and keep the response to this for any future dealings with the canadian immigration services. Also find the canadian equivalent in law and see if the theft of the particular amount of money is punishable by a term longer than 10 years, if it is then you'll need to file a full application.

Remember the key thing here is 10 years after the completion of the sentence....not 10 years after the conviction

Last edited by admissiblebrit; May 16th 2011 at 7:07 pm.
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Old May 16th 2011, 7:26 pm
  #167  
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Default Re: Criminal Rehabilitation - My story to help others

Thanks admissiblebrit.

Is it worth waiting for the 10 years are up which is Sep 2012 or could I put the full app through right now?
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Old May 17th 2011, 7:06 am
  #168  
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by compaq7550
Hi,

Firstly thanks to everyone here for their great advice and knowldge sharing.

I'm in the process of applying for rehab. I have a Theft conviction from Mar 2000 (value roughly £100k) with 4 counts within the conviction. I got 30 months for each count running concurrently.

I just need some advice. Can I apply for rehab? Do I have a chance of them approving it?

Thanks in advance.
Originally Posted by compaq7550
Forgot to mention I did apply in 2007 for PR and rehab application together not knowing much about the process. The app got rejected in 2009.
Originally Posted by admissiblebrit
after 10 years following the "completion" of the sentence you will be deemed rehabilitated. If its one instance with multiple charges you should be ok. When you're deemed rehabilitated you dont have to submit an application for rehabilitation. However i'd strongly advise you to send off a for information only application to see if you qualify as "deemed rehabilitated" and keep the response to this for any future dealings with the canadian immigration services. Also find the canadian equivalent in law and see if the theft of the particular amount of money is punishable by a term longer than 10 years, if it is then you'll need to file a full application.

Remember the key thing here is 10 years after the completion of the sentence....not 10 years after the conviction
Originally Posted by compaq7550
Thanks admissiblebrit.

Is it worth waiting for the 10 years are up which is Sep 2012 or could I put the full app through right now?

The first time it got rejected was due to the offence being indictable. Looking at the Canadian Law, theft for over $5000 carries maximum 10 years sentence.
Does that mean even 10 years after my sentence has been completed I would have to put through a full rehab app? And if thats the case then instead of waiting till Sep 2012 can I put it through now as it's been well over 5 years since I completed my sentence?

Thanks in advance for the advice.
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Old May 19th 2011, 2:31 pm
  #169  
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Default Re: Criminal Rehabilitation - My story to help others

If the equivalent in Canadian law is punishable by 10 years or less then 10 years after your sentence completion you should be deemed rehabilitated. You should maybe get a free lawyer consultation just to go over the basic questions like these. There's many that will give a free over the phone consult that way you'll get some extra advice that's free and help you balance your decision
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Old May 19th 2011, 2:33 pm
  #170  
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by admissiblebrit
If the equivalent in Canadian law is punishable by 10 years or less then 10 years after your sentence completion you should be deemed rehabilitated. You should maybe get a free lawyer consultation just to go over the basic questions like these. There's many that will give a free over the phone consult that way you'll get some extra advice that's free and help you balance your decision
Thanks for the advice.
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Old May 19th 2011, 6:37 pm
  #171  
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Default Re: Criminal Rehabilitation - My story to help others

Hi. I am in the process of completing the rehabilitation form for "information only" to see when i can apply for rehabilitation. I had a DUI in 2004 and my driving ban ended in May 2007 so i am nearly sure i can apply in May 2012. My question is do i need to include character references if i am only finding out when i can apply or do they still expect all the documentation they stipulate for the official application. Any advise would be much appreciated and thank everyone for all your input it has been very helpful.
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Old May 31st 2011, 4:00 pm
  #172  
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Default Re: Criminal Rehabilitation - My story to help others

After the time has elapsed under the ROA 1974 and your conviction has become spent you do not need to apply for the full rehab application. You will be no longer deemed inadmissible to canada for immigration purposes. After your conviction has become spent send the for information only app dont pay for the full application and save your money.
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Old May 31st 2011, 4:04 pm
  #173  
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Default Re: Criminal Rehabilitation - My story to help others

just for reference, my husband has a spent conviction and we did not apply for information only - copy of his criminal record and evidence this was spent was accepted by canadian embassy in london.
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Old Jun 5th 2011, 8:03 am
  #174  
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Default Re: Criminal Rehabilitation - My story to help others

I had a dd and an unlawfull wounding from back in 96, as it was old enough i was deemed rehabilitated,only found out i needed the rehab paperwork on my 3rd visit to Canada. 2 previous visits i sailed through passport control, grabbed my bags and was off, visit 3 it took 3 1/2 hours in immigration. Had to tell em the whole story, explain sentences, 12 month ban and 9 months suspended for 2 years respectively while my(Canadian) fiance, now wife was waiting to pick me up from the airport. They interviewed her too and i eventually got a temporary residency permit for my stay for $200. Moral of the story, if you have a record, dont chance it. I was told i could have been refused entry to Canada and if that happens you're barred for life.
When i got my rehab paperwork back i had no problem, just sailed through again.

Getting the paperwork was easy too, downloaded the forms from the Canadian High Commision site, sent it back with my police check, came back really quick.

Just waiting to move now, i got my visa in my passport 2 weeks ago on Thursday !!!!! Woohoo!
I hope this helped someone,it is do-able with a record
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Old Jun 5th 2011, 8:07 am
  #175  
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Default Re: Criminal Rehabilitation - My story to help others

after 10 years following the "completion" of the sentence you will be deemed rehabilitated. If its one instance with multiple charges you should be ok. When you're deemed rehabilitated you dont have to submit an application for rehabilitation.

Really not convinced of this, you need to apply to prove you are deemed rehabilitated. in my experience anyway
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Old Jun 5th 2011, 8:13 am
  #176  
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Default Re: Criminal Rehabilitation - My story to help others

While I'm at it, has anyone who has had a conviction in the UK, who has been deemed rehabilitated and since moved to Canada tried goin over the border to the States? I'm moving to St Catharines and the border is just down the road. We want to go over for shopping and to see the Leafs at the Sabres rink. Do i have to get a whole new rehabilitation for the states for that to happen?

Any ideas warmly welcomed, Thanks
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Old Jun 5th 2011, 6:30 pm
  #177  
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Default Re: Criminal Rehabilitation - My story to help others

If you have multiple (10) petty theft and DUI convictions in USA, all occurred 10+ years ago, can you apply for Canada immigration criminal rehabilitation certificate for the purposes of entering Canada?

On their immigration website it looks like they only mention one conviction. Where can I find verbiage that says that people with multiple indictable offenses can apply for a rehabilitation certificate?
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Old Jun 10th 2011, 12:50 pm
  #178  
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Default Re: Criminal Rehabilitation - My story to help others

Originally Posted by nightwolves20
While I'm at it, has anyone who has had a conviction in the UK, who has been deemed rehabilitated and since moved to Canada tried goin over the border to the States?
http://britishexpats.com/forum/showthread.php?p=9422587

Ian
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Old Jun 11th 2011, 3:48 am
  #179  
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Default Re: Criminal Rehabilitation - My story to help others

I was given fines and points by the Court for driving without insurance, and driving not in accordance of a licence in 2008, 2010 respectively.

Last week, I ordered for my Police Certificate and it came back as NO TRACE- No convictions recorded on my name. I think the Court treated the points and fines as a FPN(Fixed Penalty Notice), and not as convictions.

Am I good to send my PR application to the Canadian authorities without ticking the "YES" box on the application form?

Please advice!
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Old Jun 11th 2011, 11:03 am
  #180  
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Default Re: Criminal Rehabilitation - My story to help others

Yes you will be ok, most driving offences are only misdemeaners and not incriminating. You don't even have to mention that you possess them on your licence on the background check form, as there was no arrest for the offences. The fact that you have no trace on your background check, means you are clear of any incrimination that could cause a delay or rejection from the immigration section. I had an OPL ban some years ago, and mine came back as no trace even though there was a court hearing. Your police certificate only lasts for about 3 months, then you may have to submit another, but they carry out an interpol check on you anyway when the time arises, usually at the port of entry when you move there. So I wouldn't worry about minor offences such as no insurance or speeding and the like. I got caught driving with no L plates and no insurance back in 81, and I got a £300.00 fine and 2 endorsements. That really hurt me, as my wages were only £19.50 a week, and I gave my mum a tenner a week board money. That was much worse than having a criminal record I can tell you.

Anyway good luck with your application and all the best.
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