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Looking for advice on whether we should apply to have my husband deemed criminally rehabilitated?:
- juvenile adjudication (NOT a criminal conviction) in the USA for sexual assault as a 16 year old. This is not on his record as an adult.
- 2006 DUI arrest that he was found not guilty of and the case was dismissed.
- marijuana possession charge from 2010 for less than 7 grams. No jail time, just a $600 fine.
- class C misdemeanour from 2016 for possession of drug paraphernalia (rolling papers) which is NOT a criminal offence in Canada. Punishment was a $500 fine.
Based on what I’ve read, none of the above makes him inadmissible. Would there be any benefit to applying for criminal rehabilitation anyhow? I feel it is not necessary but would like opinions.
You may wish to speak to a lawyer about the sexual assault record. I believe the test is whether or not the crime in Canada would be indictable, not whether or not it was indictable in the jurisdiction.
Looking for advice on whether we should apply to have my husband deemed criminally rehabilitated?:
- juvenile adjudication (NOT a criminal conviction) in the USA for sexual assault as a 16 year old. This is not on his record as an adult.
- 2006 DUI arrest that he was found not guilty of and the case was dismissed.
- marijuana possession charge from 2010 for less than 7 grams. No jail time, just a $600 fine.
- class C misdemeanour from 2016 for possession of drug paraphernalia (rolling papers) which is NOT a criminal offence in Canada. Punishment was a $500 fine.
Based on what I’ve read, none of the above makes him inadmissible. Would there be any benefit to applying for criminal rehabilitation anyhow? I feel it is not necessary but would like opinions.
Where there are multiple incidents, you are strongly advised to consult with a good immigration lawyer with experience in rehabilitation / criminal inadmissibility.
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