Juvenile history

[Rene']

*GULP*

Ive been avoiding this question but I need to know what other people think...

I have 3 offenses as a juvenile..

misdemeanor shoplifting when I was 14

possession of a small amount of marijuana and paraphenalia(a pipe) when i was 16, i received 6 month of probation

possession of a small amount of marijuana when I was 17 (after my original sentence was completed) and for this i received one year of probation.


I went to court and actually served my probation while i was 18... but I WAS tried as a juvenile.

I completed my last sentence in the year 2000.

No criminal record after that.

Ive been really worried about this issue. My husband keeps telling me to just behave as though it never happend, but I have a feeling its going to bite me in the ass if I dont look into it.

Am i completely screwed???

Has anyone had any similar situation?

What do I do to get approved for PR?

I have not sent in any applications yet. I want to send it in in about 3 months. Till then I am trying to get all my forms and clearences and... you know... everything.

I have orderd my criminal history from PA... I did it online.. Ive read on another post about a difference between a "name Check" and a "fingerprint check" so i dont know if i got the right thing.. Ill know in 3 weeks or so if anyting shows on it.

If it is clear can i continue as though ive never been arrested??

OH HELP!!! Thank you all you wonderful people!!!!

[RobsLuv]

Juvenile records are supposed to be sealed . . . and CIC is not supposed to be able to use against you offences that would have fallen under the Youth Offenders Act had you been charged in Canada.

You won't know anything for sure until you get your criminal clearances back. If they're clear, you are under no obligation to disclose the offences. IF they show up, get a lawyer to help you.

[Rene']

Thank you RobsLuv... Even though you didnt have an precise info your attitude towards my question has made me feel a little better as i have been sweating for days about this... I know that you are pretty well read in these sorts of legal issues as i have read many of your posts and know what you are going through. I would like to add that you are currently my personal hero for being so strong through all that you are going through. and i know that you dont exactly have a choice but, still, to me your case represents the worste that can happen when a good person tries to immigrate and whenever something comes up that makes me feel hopeless i find myself thinking "as long as this doesnt get as bad as robsluv's situation". Im sorry if that sounds bad but to me you are an inspiration.

[RobsLuv]

Thank you for your kind words. I think my one ambition, when everything is said and done and life finally moves on for us, will be to find some other reason other than having experienced one of CIC's biggest screw-ups and surviving to be an inspiration!! But I am determined to take something worthwhile away from all of this.

I just hope, for your sake, that your juvenile offences were handled appropriately and they're safely tucked away under "priviledged information" where they belong. If not, you're better off petitioning the court to expunge the record than to take your chances with CIC.

[PMM]

Hi

RobsLuv Wrote:Thank you for your kind words. I think my one ambition, when everything is said and done and life finally moves on for us, will be to find some other reason other than having experienced one of CIC's biggest screw-ups and surviving to be an inspiration!! But I am determined to take something worthwhile away from all of this.

I just hope, for your sake, that your juvenile offences were handled appropriately and they're safely tucked away under "priviledged information" where they belong. If not, you're better off petitioning the court to expunge the record than to take your chances with CIC.

Even if they show up, shouldn't have a problem.

You are not inadmissible if:

• you were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence,
• you were treated as a young offender in a country which has special provisions for young offenders, or
• you were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.

PMM

[Rene']

Thank you PMM. I've read things like that here and there, and then I read other things that made those statements seems meaningless. With all the info out there its hard to figure out whats true and not... but im starting to feel better about my problem. I imagine that there HAS to have been people who have moved to Canada with worse historys than me! I have a lawyer picked out... I havent retained him yet cause we have to save a little money.. but in the next couple months I will and Ill be sure to tell him all about this and see what he thinks i should do. Ill certaintly post all my findings here in case anyone else needs it in the future.

Right now my BIGGEST concerns about this are the fact that in my extend visitor visa app I answer that I had no cnvicions... If they see any do you think I can explain that I didnt think juvenile offenses counted?

Also wether it will be neccessary for me to go to PA to do anything... like get records, go to any hearings for expugement or anything at all... Im terrified of crossing the border for fear i wont be allowed back!!! I just hope whatever i have to do, I can stay here with my husband! He is just everything to me and I would break if I was forcabley separated from him!!!!

[RobsLuv]

PMM Wrote:Hi



Even if they show up, shouldn't have a problem.

You are not inadmissible if:

• you were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence,
• you were treated as a young offender in a country which has special provisions for young offenders, or
• you were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.

PMM

Good point, PMM, and agreed. But unfortunately "shouldn't" is the operative - and subjective - word here. My son's arrest shouldn't have been a problem either, according to everything in the processing manuals, the Act and the Regulations . . . but, unfortunately, it seems there are immigration officers out there who think their interpretation of the Act and Regulations is the law . . . and others who apparently find it necessary to refuse an application (and send it to an appeal panel) if there's any hint of inadmissibility. So, IMHO, it's better for an applicant to do whatever they have to to make sure CIC is not put in a position of making the judgment.

[CatherineM]

Don't feel bad. Kids do dumb things. That's why there are different rules for kids and adults in the justice system. Just take it a step at a time, and deal with each hurdle. If it makes you feel any better, juveniles are treated much gentler under Canadian law, so hopefully that will swim upstream to CIC.

[Rene']

Just so I'm completely clear on this... Robsluv, at first you seem to be saying I don't have to disclose anything since my criminal history came back clean, but then you warn that I should be very careful not to make CIC make a judgement..

Basically, I need to know, will they have access to some kind of info that I dont have access to? Is it possible that in some round-about way they can decide to inturpret my juvenile offense as something that need to be dealt with? They WERE minor offenses, all misdomeaners, and since I was tried as a juvenline (even for the last one were i was arrested at 17 but went to court at 18) I was not actually a convicted criminal but i was an "adjudicated delinquent".

SHOULD I wright a letter to CIC explanine my charges and include it in my app? Would that open pandoras box and make them question my case?

OR should I just keep my mouth shut? The only fear I have is that if I dont say anything, and they DO find some arrest record or court file on me they might accuse me of misrepresentation, OR use that as a reason to bring me into an interview... something I REALLY want to avoid!

Just a little more advice on this would be GREATLY appreciated! Im getting close to sending in my app. Im getting so sick with worry. LOL at my med exam the doc said my blood pressure and heart rate were borderline too high. Ive NEVER had high blood pressure!

TY again!

[Rene']

ok i FINALLY got my FBI report! CLEAN! WOW! Im really really relieved! Im now going to just forget about this whole mess and proceed with a very straight forward application. Im so happy nothing showed. Thanks you all your advice on this anyway.. I mean there still might be a chance something comes up later but really im thinking like a 5% chance or something... It never happend in my mind now. I feel so deflated right now... its almost as much of a victory as getting PR already lol. Now to submit that APP!!! FINALLY!

[expt]

I think Juvenile comes to firearm use and possession. and many jurisdictions do place firearm possession/use restrictions on adults with criminal.I would not be too bothered about a small discrepancy like this - often people didn't know exactly when they were born, only knowing about when it was.

[morphia]

Grats Rene! Must be a huge weight off your shoulders!