How a Criminal Record Can Affect Immigration to Canada

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How a Criminal Record Can Affect Immigration to Canada

A criminal record can have severe consequences for individuals seeking to immigrate to Canada. It can impact everything from crossing borders to securing employment. Understanding how a criminal record can influence your immigration status is crucial, especially if you're considering making Canada your new home.

What is a Criminal Record?

A criminal record is a documented history of a person's criminal convictions. In Canada, once a person is convicted of a criminal offense, this record is registered with the Royal Canadian Mounted Police (RCMP) for life. It includes details such as identity, charges, convictions, fingerprints, photographs, and even DNA if collected.

This record is accessible to all police services, customs, authorized agencies, and U.S. law enforcement through the Canadian Police Information Centre (CPIC).

How Can a Criminal Record Affect Immigration?

1. Travel and Border Issues:
   When you travel, any border official can access your criminal record. This can lead to questioning and even denial of entry into certain countries. For example, if you've been convicted of impaired driving and attempt to drive into the USA, customs officers can deny you access.

2. Employment and Education:
   Many employers require a criminal record check as part of the hiring process. If you have a criminal conviction, it may disqualify you from certain jobs, especially those in government agencies or professions governed by the Professional Code (e.g., nurses, lawyers, doctors). Similarly, a criminal record can affect your ability to attend certain educational institutions, particularly in fields like medicine, security, or childcare.

3. Family Law and Custody Issues:
   A criminal record can be used as evidence of bad character in family law cases, such as child custody disputes. This could impact decisions regarding who is granted custody or under what terms visitation rights are allowed.

4. Citizenship and Permanent Residency:
   If you have a criminal record, you may be denied Canadian citizenship. Moreover, those who are not permanent residents and commit criminal acts in Canada could face deportation. This is a critical consideration for anyone looking to make Canada their permanent home.

5. Volunteering and Adoption:
   Many volunteer agencies require a criminal record check, and a criminal conviction can disqualify you from participating. Additionally, if you're considering adoption, a vulnerable sector search is required, which will flag any criminal record, potentially leading to a denial.

The Impact of Previous Convictions

If you already have a criminal record and are convicted of another offense, the consequences can be even more severe. For instance, repeat offenders of impaired driving face stricter penalties, including longer jail sentences, extended license suspensions, and more severe fines.

Can a Criminal Record Be Removed?

While criminal records in Canada are registered for life, there are some options to mitigate their impact. For example, you can apply for a record suspension (formerly known as a pardon), which keeps your record separate from other criminal records, making the information less accessible. However, this does not erase the record entirely, and you must still disclose it when required.

How Does a Criminal Record Affect U.S. Immigration?

American immigration laws are particularly strict regarding individuals with criminal records. If you've been found guilty of certain offenses, especially those considered "moral turpitude" (e.g., robbery, murder, spousal violence), you may be barred from entering the United States. Even a discharge in Canada does not guarantee entry into the U.S., as American immigration agents have significant discretion in these matters.

Conclusion

A criminal record can significantly impact your immigration status, job prospects, and even your ability to volunteer or adopt in Canada. If you're facing criminal charges or already have a criminal record, it's essential to seek legal advice to understand your rights and options.

For expert criminal defence, contact Nicholas Charitsis, a Toronto criminal lawyer with extensive experience in defending those accused of criminal charges. Visit https://www.ontario-criminal-lawyers.com/ or call 416-731-7113 for a consultation.

 

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