letter from police regarding arrest -- is this sufficient?

[Simmy 3]

Hello,

Some of you may my post about being arrested but not charged for an act of civil disobedience 13 years ago, and my concern that the documentation wouldn't come back from the police in time for the AOS. I've received the following letter back from the arresting agency, and I'm wondering if it will suffice:

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Royal Canadian Mounted Police (official letterhead)

(file number at right)

2010-08-17

Dear Sir:

RE: Request for Closure of Police Record

Please be advised that the police file 1997-xxxx has been destroyed, and as such we are unable to confirm or deny that charges were filed against you. Our Criminal Records Centre in Ottawa indicates charges were stayed in this matter. A request has been sent to Ottawa advising to close your record and destroy the fingerprints retained at their location. This process will take up to a year to complete, due to an extremely heavy backlog of like requests. As for statements from the courts, you would have to apply to them directly and they perhaps would have stored their records in archives.

Sincerely,

(signature)

(name)S/Sgt.

Detachment Commander

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I wouldn't be able to obtain court records because the case never even went to court. I'm just concerned that despite it being kind of obvious that no charges were laid, technically the police couldn't say that the charges were dropped, only that they were "stayed". Does anyone know if this is good enough?

Thanks,

Simmy

[Simmy 3]

I'm bumping this... assuming few people saw it as any other question I've asked on the forums have always got a few good responses.

[JimVaPhuong 4,863]

I wouldn't be able to obtain court records because the case never even went to court. I'm just concerned that despite it being kind of obvious that no charges were laid, technically the police couldn't say that the charges were dropped, only that they were "stayed". Does anyone know if this is good enough?

"Stayed" means the charges were suspended. I don't know the legal technicalities in Canada, but in the US when charges are "stayed" they remain in your record, and you could be tried on those charges at a later time.

The one thing that IS clear from the letter is that this is the only thing you're going to get from the RCMP because, as they clearly state, they have destroyed the records of your case. Obviously, they have no intention of ever trying you on those charges.

Theoretically, this should be good enough. A crime cannot be an inadmissibility unless you were convicted, or you admit to having committed it. The letter indicates you weren't convicted, so the only remaining possibility is if you admit to having committed a crime. If that were the case then the immigration officer is going to require evidence of what the crime was in order to determine if it falls under INA 212(a)(2). As long as you don't admit to having committed any crime, this letter should clear you.

Repeat after me: "I was falsely arrested!".

Just to be safe, you might want to get a similar letter from the court saying they have no record of ever trying you on any charge.

[Simmy 3]

Jim, once again, please accept a profound and sincere thanks. Your answer is clear and goes a long way, and the fact that it's just the answer that I want to hear makes me want to give you a big hug.... (ha) ummm... there are no hug smileys... here, have a

Are you a lawyer?