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waiting10years View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote waiting10years Quote  Post ReplyReply Direct Link To This Post Topic: rehabilitation
    Posted: 07 Feb 2018 at 10:31am
Hey Guys,

My hubby and I are in a situation that we are not sure how to solve. He was arrested 2 times. First time was 8 years ago (2010 when he was 18) and second was 7 years ago (2011 when he was 19).

The arrest/charge (in 2010 when he was 18) as far as he can remember was called "minor in possession of alcohol by consumption" - which is basically . He went to court for it and was told he was going to get 6 months SIS Probation (something they do in the state of Missouri).

From looking online it says that:
"Suspended imposition of sentence or SIS is a sentencing option available to the trial court. In SIS, usually the defendant is placed on probation. If the defendant violates probation and faces revocation, the Judge may order any sentence within the full range of punishment for the crime convicted."

As well as this:
"In Missouri, an SIS, or Suspended Imposition of Sentence, is a possible outcome in criminal cases where the defendant is placed on probation but is not convicted of crime. It is peculiar, because to receive an SIS, defendants must be found guilty or plead guilty to a crime."

And lastly:
"If you successfully completed probation for an SIS, then you do not have a conviction on your criminal record. (If you did have a drug-related misdemeanour or felony conviction on your record, those can not be expunged from a Missouri criminal record.)"

We did call the court house and all his records are not public and he needs to be there in person to request them (he is in Canada with me and has been since December 13th) and he got a broken leg wile he was here so we aren't sure how much longer he's staying so we cant get the docs and find out for sure what the charges are right now. We are trying to see if we can order them to my address somehow.

We did call the lawyer that dealt with his second case and they said that they can see it come up under his name and they said it is in fact a SIS Probation.

Regarding his second change according to to the courts and lawyer it has been dismissed. But I will give as much details as I know about it.

The second arrest/charge (in 2011 when he was 19) as far as he can remember was called "Elderly Abuse". His dad was drinking/drunk and got upset at him over something and walked over to his friends house down the road where he was staying and started a fight with him. His dad starting throwing things and started a fist fight. My husband threw a punch and his dads GF called the police. He tried to go for "self defense" but got a plea deal for the "Elderly Abuse". Neither him nor his mom can remember the exact deals but they recall it was SIS Probation or something similar.

BUT his FBI record came back clean as well as a his Personal Identifier Search (name only) from Missouri State Highway Patrol (the place that you apply to get state background checks). According to them (Missouri State Highway Patrol) it would be good to do a 'fingerprint based' search and that will show his SIS probations that are closed and dismissed.

Heres what is says online about name based searches:
"The Personal Identifier Search or also known as name-based search requires a payment of $13.00 per request. The background check results are considered a "possible match" and will include only open records. Open record information includes (1) records containing convictions, such as plead guilty to, or convicted of, (2) arrest information that is less than 30 days old from the date of arrest, (3) prosecutor filed charges awaiting final disposition from the court, and (4) records that contain a suspended imposition of sentence (SIS) during the probation period."

Heres what is says online about name based searches:
A Fingerprint Based Search requires a completed applicant fingerprint card (FD-258). The state only fingerprint fee is $20.00 per request (with the exception of conceal-carry weapons permits pursuant to Section 571.101 RSMo, and the Department of Social Services for foster care placement, pursuant to Section 210.487 RSMo, which are $14.00 per request). The results of a fingerprint-based background check are considered a "positive match" and will provide closed or complete records for the requesting individual or qualified requesting entity. Closed record information includes (1) all criminal history data, including all arrests (filed or not filed charges), (2) charges that have been nolle prossed, dismissed, or found not guilty in a court of law, and (3) will include any SIS after the probation period is complete.


So basically what my questions are...

1. Do we need to apply criminal rehabilitation?
- I did call the CIC and got a free consultation from 3 lawyers. They said as far as they know we should be okay to apply without it. But none of them seemed positive. I am the only one working at the moment so I would rather not pay for a lawyer.

2. If we didn't do the rehabilitation would our application get rejected, and can we apply again with rehabilitation afterwards if that were to happen?

3. Can or should we apply soon (thinking this weekend) and send his FBI record (that will be 6 months old in march) upfront? 
- When Schedule A is requested can we send all the files showing all the old charges (all court docs, his Personal Identifier Search, his Fingerprint Based Search and a new updated FBI record)?

4. On the Schedule A should we select 'yes' to part b on question 4 stating that yes we think we has been convinced of criminal proceedings in any country? 

- Then on the spot on the bottom of question 4 where it says: "If your answer to any of these questions is YES, provide detail below" explain that it is SIS in Missouri which is a none conviction after finished but we aren't sure if its a conviction or not in Canada and state that we asked/called the CIC and lawyers and they said it should be okay to not apply for rehabilitation and since they are minor and dismissed we think he's rehabilitated and it was just from when he was a teen?



Any advice or guidance will help at this point.
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colin View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote colin Quote  Post ReplyReply Direct Link To This Post Posted: 26 Feb 2018 at 9:23pm
If the FBI clearance is clear, then he shouldn't need to apply for rehabilitation. However, in schedule A, he will need to answer “yes” for part b of question 4 and explain the circumstances of the charges.

If you decide to apply now, you can send the FBI clearance to them. However, it has to be issued after his last visit to the states. If he went back to the states between the moment the FBI clearance is dated and now, he should re-apply for a new one online.
Colin Singer, Canada Immigration Lawyer & Managing Partner,
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