Candian legal terms...

[Minted7 3]

Hey there I was wondering what some Canadian legal terms mean in U.S. legal terms. I have looked online and found some answers but would like some other opnions, I can't seem to find some definitions in U.S. terms. What I'm really looking for is to find out if my hubbys record is a conviction or not and whether there is a criminial record or not. The canadian term refers to "the crown" we don't have that term in U.S. is that like the jury? or judge, or something.

Withdrawn....... Withdrawal

The best result is for the crown to realize that it has no reasonable prospect for conviction and withdraw the case against the accused. This puts an end to the proceedings. There is no criminal record.

--------------------------------------------------------------------------------

Conditional Discharge........ Discharge

There are two types of discharges: absolute and conditional. Neither type of discharge constitutes a criminal record. This is because although the court makes a finding of guilt, no conviction is entered against the accused. There is therefore no record of conviction. It is the record of conviction that constitutes a “criminal record.” There are no conditions attached to an absolute discharge. Three years following the absolute discharge the discharge is automatically expunged and essentially becomes the equivalent of a pardon.

A conditional discharge becomes absolute after the expiry of the conditions ordered by the court. These conditions can be virtually anything that the court deems appropriate are generally the same sorts of conditions that might be attached to a less serious peace bond or a more serious probation order. Discharges must not be contrary to the public interest and must be in the interest of the accused person. In addition there must be no minimum sentence applicable to the offence in order to qualify for a discharge.

--------------------------------------------------------------------------------

ThankYou for taking the time to read this.

[james&olya 1,121]

The first is easy. The'Crown' refers to the government on behalf of the people. It is represented by the prosecutor. Don't have definite answers on the others.

[Minted7 3]

The first is easy. The'Crown' refers to the government on behalf of the people. It is represented by the prosecutor. Don't have definite answers on the others.

Thanyou!

[Allie 5]

In Canada the Crown is the Procecuting Attorney (the procecution)

The withdrawal means there's not enough evidence for conviction so the Crown ( Procecution) has withdrawn

it's case, dropped charges and proceedings.

[Sweetcheeksss 91]

In my case, I had a conditional discharge, and the interviewing officer in Montreal *DID* consider that to be a "sentence" (for lack of a better word). In other words, it totally made a difference in his eyes in regards to my having a "criminal" issue in my background.

[Canadiandggal 49]

Unfortunately to the eyes of the United states any record discharged or expunged is still a record. I cannot really give my opinion as I do not know the story. However If he has court papers it should say whether is was a conviction.

was it dropped? was he convicted? did he get probation? did he have a discharge?

Really You still have to say it happened as they ask if he has been arrested,charged or convicted.

I had two minor offenses both of which were done when I was a youth,I had a conditional discharge and they were removed from my record on my 18th birthday but to the united states they still exist.

[Minted7 3]

Thanks everyone.... USCIS, NVC, and the consulate know about his past stuff, and they have the police, and court records already, I just thought it has to mean something if at the time you were accused, the courts didn't want to convict you of something. Plus i was wondering, dosen't it say in the inadmissable stuff that anyone convicted of blah blah is inadmissble, don't they go by the books and stuff, because although he was arrested for something technically he wasn't convicted. But I don't know, I know it still looks bad that he was involved in something. I completly understand that view, of moral character and stuff.

Also we got an email about packet 4 intervew instuctions, they sent this thing called document status description, and lists all the paperwork and a letter next to it that explains if they need it, recieved it, and so on. under

Birth certificate, marriage certificate, and canada police certificate it says O = original document has been recieved and accepted as meeting post requirements. Now in the instuctions says to bring original copies , the only thing we don't have are the birth certificate, and poilce certificate becase they have them, is that okay? can't the consulate just use those ones, we have copies. But we do have the fingerprint style police check that came back clear...it came after he sent his things to NVC, so that original we have.

Edited March 31, 2011 by Minted7

[TheFantastics09 19]

Unfortunately to the eyes of the United states any record discharged or expunged is still a record. I cannot really give my opinion as I do not know the story. However If he has court papers it should say whether is was a conviction.

was it dropped? was he convicted? did he get probation? did he have a discharge?

Really You still have to say it happened as they ask if he has been arrested,charged or convicted.

I had two minor offenses both of which were done when I was a youth,I had a conditional discharge and they were removed from my record on my 18th birthday but to the united states they still exist.

*shudders* this still makes me sick :/. Will any of this affect getting a job in the U.S? Will immigration put this on their federal records? i.e show up on an FBI check

Edited March 31, 2011 by TheFantastics09

[Minted7 3]

Oh I just read in bold letters

Please note that even though the applicant may have provided the NVC with a copy of a document, the applicant is still required to bring the original document to the visa interview.

My question...what if the applicant provided NVC with a original document, and has a copy to bring to the visa interview

[Canadiandggal 49]

If you are talking about a police certificate than a copy is fine. A police report or court record well You should actually have like 5 certified copies as they want it at every step. It is a horrible situation.

In most cases if it was just one offense than he should be fine as they pretty much let everyone have a second chance....expect they can be really hard on "drug" convictions etc.

I remember you from the other posts....young and stupid ..I think He will be fine

Edited March 31, 2011 by Canadiandggal

[Minted7 3]

If you are talking about a police certificate than a copy is fine. A police report or court record well You should actually have like 5 certified copies as they want it at every step. It is a horrible situation.

In most cases if it was just one offense than he should be fine as they pretty much let everyone have a second chance....expect they can be really hard on "drug" convictions etc.

I remember you from the other posts....young and stupid ..I think He will be fine

yeah lol that was my hubby young and stupid!

[The_Dude 1,142]

*shudders* this still makes me sick :/. Will any of this affect getting a job in the U.S? Will immigration put this on their federal records? i.e show up on an FBI check

It depends upon what sort of job you are applying for. A job that requires a security clearance or a background check is undoubtedly going to disqualify someone with a criminal history.

[TheFantastics09 19]

It depends upon what sort of job you are applying for. A job that requires a security clearance or a background check is undoubtedly going to disqualify someone with a criminal history.

That was not what I was asking. If something is irrelevant here in Canada but the U.S Government insists on having this information, what do they do with it? Do they put it in their database and when you go for an FBI check, it comes up as you have an offense? I ask this because the big deal they are making about them needing info with court seals etc. is a little much. If you are clear in YOUR own country i.e NO records, there is no need for the next one (new place you want to move to) to know about it. I don't see how it has anything to do with their decision.... especially if they let you in...

That is my concern.

Edit: In regards to your statement in full, from what I am seeing on stateside job boards, if you want a job that pays more than min. wage you will need a clearance....

Edited March 31, 2011 by TheFantastics09

[The_Dude 1,142]

That was not what I was asking. If something is irrelevant here in Canada but the U.S Government insists on having this information, what do they do with it? Do they put it in their database and when you go for an FBI check, it comes up as you have an offense? I ask this because the big deal they are making about them needing info with court seals etc. is a little much. If you are clear in YOUR own country i.e NO records, there is no need for the next one (new place you want to move to) to know about it. I don't see how it has anything to do with their decision.... especially if they let you in...

That is my concern.

Edit: In regards to your statement in full, from what I am seeing on stateside job boards, if you want a job that pays more than min. wage you will need a clearance....

The bolded portion of your post is flawed. Just because Canada has cleared the record doesn't mean that they conform with U.S. legal standards. Some nations will seal a juvenile record at the age of 18 regardless of the offense. The U.S. does not recognize that and thus requests further documentation to verify that it complies with their metric.

[Canadiandggal 49]

I do not have a criminal record here in the states. I have had a background check more than a few times since arriving here. so I cannot really say