I got Arrested because of assault but not convicted will that affect my pr application?

[Anzgo993]

Hi there I had an unfortunate incident 1 year ago with my roommate after we had arguments he tried to attack me so I started to defending my self and we had a fight after that he called the police on me claiming that I assaulted him even though I was defending my self, so the police came and I got arrested,
Long story short I had court and I won the case and the case was withdrawn ( I was not convicted) and I don’t have criminal records as fingerprints and photo was destroyed by the police as per my lawyer request as per the resolution Latter that I have

resolution latter
“criminal charge of Assault was withdrawn. This means that there is no criminal record, no fine and no probationassociated with your case. Moreover, there are no further court dates associated with this matter”

my questions:

1- will the fact that I got Arrested will effect my application ?

2- do I need to proved any documents for this indecent?

3-how can I confirm that I don’t have any police records ,I already did back ground check using myCRC.ca and no record was found is this enough or should I go to the police station and to check my record ?

4-is there any need to hire an immigration lawyer for this?

Thanks in advance ..

 

[dreamercec]

I recommend you to contact a lawyer or immigration consultant, more than asking in a forum for the opinion of random people

 

[Max003]

Hi there I had an unfortunate incident 1 year ago with my roommate after we had arguments he tried to attack me so I started to defending my self and we had a fight after that he called the police on me claiming that I assaulted him even though I was defending my self, so the police came and I got arrested,
Long story short I had court and I won the case and the case was withdrawn ( I was not convicted) and I don’t have criminal records as fingerprints and photo was destroyed by the police as per my lawyer request as per the resolution Latter that I have

resolution latter
“criminal charge of Assault was withdrawn. This means that there is no criminal record, no fine and no probationassociated with your case. Moreover, there are no further court dates associated with this matter”

my questions:

1- will the fact that I got Arrested will effect my application ?

2- do I need to proved any documents for this indecent?

3-how can I confirm that I don’t have any police records ,I already did back ground check using myCRC.ca and no record was found is this enough or should I go to the police station and to check my record ?

4-is there any need to hire an immigration lawyer for this?

Thanks in advance ..

Hi, assuming this incident happened in Canada;

1) No, it won't affect your application decision (as far as criminality check goes)
2) Yes, you should provide the letter you received from the court. If you don't have it with you ask your lawyer or go directly to the court office to get your court record (you have to pay a small fee)
3) I would suggest getting your RCMP criminal record checked (you can attach this along with your application)
4) For this particular matter, NO. However, when submitting your application write an LOE explaining the situation, and you be fine.

 

[Anzgo993]

I recommend you to contact a lawyer or immigration consultant, more than asking in a forum for the opinion of random people

yeah did that however I am trying to get more

Hi, assuming this incident happened in Canada;

1) No, it won't affect your application decision (as far as criminality check goes)
2) Yes, you should provide the letter you received from the court. If you don't have it with you ask your lawyer or go directly to the court office to get your court record (you have to pay a small fee)
3) I would suggest getting your RCMP criminal record checked (you can attach this along with your application)
4) For this particular matter, NO. However, when submitting your application write an LOE explaining the situation, and you be fine.

Thanks for answering my questions Yes it did happen in Canada ,

regarding point 2 and point 3:

2) I received a resolution latter as I mentioned from my lawyer only I am assuming that’s not the same latter that you are referring to here.

3) for the RCMP I thought the immigration would ask to get one in case I had any hits on my name right ?

 

[Max003]

yeah did that however I am trying to get more


Thanks for answering my questions Yes it did happen in Canada ,

regarding point 2 and point 3:

2) I received a resolution latter as I mentioned from my lawyer only I am assuming that’s not the same latter that you are referring to here.

3) for the RCMP I thought the immigration would ask to get one in case I had any hits on my name right ?

2) The resolution letter would suffice, nonetheless, your court record document contains all the details pertaining to your case. This is easy to get, go to the court where you got the resolution and go to the service counter and ask for your court record (within a week they will send you the document via post, or if you are lucky they could even give you that right away)

3) Normally that's how it works, but in your case, they might find your info via your FPS number, because you have given your fingerprints and photo when arrested, regardless of whether yours got destroyed or not. Moreover, sometimes it could take up to 120 days to get your RCMP certificate if there is a possible match to a criminal record. If I were you I apply for the RCMP criminal record check as soon as possible and if you get it within 3-4 days then you will know for sure there is NO positive match to a criminal record on your name. Finally, providing an upfront RCMP criminal certificate would not hinder your application process in any way.

Hope this helps!