Hi all
I really need some help.
I was offered a job to work in Canada during my interview which is fantastic but at the time, my police certificate hadn't arrived. I am due to start my new job August 10th but after receiving my police certificate this morning I have been presented with a few shocks that I fear will stop any of this happening.
I received a conviction whilst in the British Army. A window was smashed. In the army if someone doesn't admit blame then everyone suffers. I admitted to it and heard nothing. Then a year later I was stood in front of the Commanding Officer charged with smashing 30 odd windows. I had to pay £500 damages and £100 fine. I Can't believe this is on there. This was in 2004 and none of this was my fault.
In April 2006 I was cautioned with criminal damage and common assault. I was in a nightclub. 3 guys were attacking one and I jumped in. I did not know these guys and it was nothing to do with me. (silly I know) The doormen kicked my head in despite trying to break this up. They broke my arm and ripped my gold chain from my neck and refused to give it back. I was kicked outside the club. The police were the other side of the road and did nothing. I kicked the window through that's why I was arrested. I spent a night in the cells and after explaining what had happened I was released with a caution. The night club gave me back my chain. I offered to pay for the window. They refused saying the insurance were dealing with it but appreciated the gesture.
I have learnt two very valuable lessons in my life through all this. Don't admit to something you haven't done and don't get involved with something that has nothing to do with you even if someone's life is at risk. Even if you think that you are doing the right thing at the time. To add to the embarrassment and financial cost I now have to possibly miss out on Canada and my dream job.
I have emailed my employer and I am waiting to hear from them.
Please can some one offer any advice. Will these military convictions and cautions prevent me getting to Canada? Is there anything I can do?
Am I really a criminal!
I have been researching but it's all very confusing. Do these cautions/military conviction mean I have to apply for criminal Rehabilitation? 5 years will be finished on 2nd April this year according to the dates on my police certificate.
Overcoming Criminal InadmissibilityA.Convictions/Offences outside Canada
If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility
•by applying for rehabilitation, or
•you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.
If the offence is one that would, in Canada, be prosecuted summarily and if you were convicted for two (2) or more such offences, that period is at least five (5) years after the sentences imposed were served or to be served.
Reading this it seems that I am deemed to be rehabilitated. am I wrong to assume this?
Also I have found very little information on military convictions. At the time the Police were not interested it was the CO that took it further. Are military convictions deemed to be just as severe? Do I need Rehabilitation for cautions?
Many thanks
I really need some help.
I was offered a job to work in Canada during my interview which is fantastic but at the time, my police certificate hadn't arrived. I am due to start my new job August 10th but after receiving my police certificate this morning I have been presented with a few shocks that I fear will stop any of this happening.
I received a conviction whilst in the British Army. A window was smashed. In the army if someone doesn't admit blame then everyone suffers. I admitted to it and heard nothing. Then a year later I was stood in front of the Commanding Officer charged with smashing 30 odd windows. I had to pay £500 damages and £100 fine. I Can't believe this is on there. This was in 2004 and none of this was my fault.
In April 2006 I was cautioned with criminal damage and common assault. I was in a nightclub. 3 guys were attacking one and I jumped in. I did not know these guys and it was nothing to do with me. (silly I know) The doormen kicked my head in despite trying to break this up. They broke my arm and ripped my gold chain from my neck and refused to give it back. I was kicked outside the club. The police were the other side of the road and did nothing. I kicked the window through that's why I was arrested. I spent a night in the cells and after explaining what had happened I was released with a caution. The night club gave me back my chain. I offered to pay for the window. They refused saying the insurance were dealing with it but appreciated the gesture.
I have learnt two very valuable lessons in my life through all this. Don't admit to something you haven't done and don't get involved with something that has nothing to do with you even if someone's life is at risk. Even if you think that you are doing the right thing at the time. To add to the embarrassment and financial cost I now have to possibly miss out on Canada and my dream job.
I have emailed my employer and I am waiting to hear from them.
Please can some one offer any advice. Will these military convictions and cautions prevent me getting to Canada? Is there anything I can do?
Am I really a criminal!
I have been researching but it's all very confusing. Do these cautions/military conviction mean I have to apply for criminal Rehabilitation? 5 years will be finished on 2nd April this year according to the dates on my police certificate.
Overcoming Criminal InadmissibilityA.Convictions/Offences outside Canada
If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility
•by applying for rehabilitation, or
•you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.
If the offence is one that would, in Canada, be prosecuted summarily and if you were convicted for two (2) or more such offences, that period is at least five (5) years after the sentences imposed were served or to be served.
Reading this it seems that I am deemed to be rehabilitated. am I wrong to assume this?
Also I have found very little information on military convictions. At the time the Police were not interested it was the CO that took it further. Are military convictions deemed to be just as severe? Do I need Rehabilitation for cautions?
Many thanks
