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  1. #1
    Join Date
    Oct 2006
    Posts
    5

    Unhappy Adjudication withheld, but treated as a conviction by Canada

    I was charged with petty theft 6 years ago in florida. I was given adjudication withheld and paid a small fine(no probation,etc. just small fine). i pleaded No contest. I was offered a conditional job with an airline,but my FBI fingerprints show the charges and Canada will not give an entry visa to any American "convicted" of criminal charges within 10 years of the offense. I was told adjudication withheld isn't a "conviction". So now I'm confused, do I just pay the Canadian Embassy the fee for processing my case or somehow show proof of Florida Law?(but it could take up to 6 months, and need this job ASAP). Help!

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Please give me some advice

    First of all, ask the Canadians what they would need to show them that this was not a conviction.

  3. #3
    Join Date
    Oct 2006
    Posts
    7

    Default Re: Please give me some advice

    what is adjudications?

  4. #4
    Join Date
    Oct 2006
    Posts
    5

    Unhappy Re: Adjudication withheld, but treated as a conviction by Canada

    Adjudication simply means judgement so "adjudication withheld" means there was no judgment of guilt on the case. I paid a small fine and that was it. So now I'm going crazy trying to figure out what to do

  5. #5
    Join Date
    Nov 2006
    Posts
    4

    Default Re: Adjudication withheld, but treated as a conviction by Canada

    Did it require an attorney to receive this judgement? How did you go about receiving the adjudication? Serious help needed as my wife is a notary and this will destroy her career.

  6. #6
    Join Date
    Nov 2006
    Posts
    4

    Default Re: Adjudication withheld, but treated as a conviction by Canada

    I have read several articles that Deferred Adjudication does not help with employment background checks and apartment rental searches. From what I can see there is no benefit of this judgement. Is this the case? If it is still public record, why would anyone choose this option. You may as well have been convicted. Right?

  7. #7
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: Adjudication withheld, but treated as a conviction by Canada

    In Canada, there is no such thing as withheld adjudication or nolo contendre. You are convicted, or you are not. In this case, you ARE convicted.

    I know. I have been going through this for months now.
    When trying to enter Canada, remember that the laws are very different and what is not a conviction here, ie nolo, or adj withheld, is a conviction there and the section of law you were convicted for here must be converted to the same law is if the crime was comitted in Canada.

    Example: I was convicted of a bad check charge. The actual plea being a nolo. Here is not conviction, but there, the charge is a felony, regardless of amount and it is not a bad check charge, it is felony fraud. A high crime there, misdomeanor here.

    Your petty theft charge works the same way. It is a simple misdo, but there, it may be something quite serious.

    So, because your crime is not over ten years old, you have to apply for criminal rehabilitation. Single conviction, ONLY, you may apply at border.
    You need a FBI certificate, three months to get it
    State police certificate, usually about 2 months to get
    3 letters of refererence
    Certificate of conviction from the court
    Letter from the court stating you charge has been satisified
    $180USD application fee, non refundable

    The rehabilitation process can take over a year. You can also apply for a temporary resident premit, it requires the same documents, but should be a little quicker.

    If you have a job waiting inside Canada, have the employer submit a work permit application. In some instances, this could be as quick as 30 days.

    If your job is American based, there may be some exceptions.

    here is a place to get more info.www.cic.gc.ca

    There, you will find some more help. Do not attempt to call as they do not accept calls. You have to email a consulate and hope for a reply. But the site does have good info. Just don't be mislead, as I was, about the timeframe.
    When I sent in my Rehab app, they said it takes 4-6 weeks. Its been months, now, so I applied for TRP. The site said these take about 30 days. Its been months, too.

    If I can be of anymore help, pm me

  8. #8
    Join Date
    Mar 2007
    Location
    Miami, Florida
    Posts
    31

    Default Re: Withhold of Adjudication in Florida and Canada

    I've seen various threads with the issue of Canada treating a withhold of adjudication as a conviction. Please be advised that if you received a withhold of adjudication in Florida, most cases qualify to be sealed as long as you've never had a prior record sealed or expunged and you have no other cases where you were adjudicated guilty (criminal cases).

    If the court grants your petition, Florida law gives you the right to LEGALLY DENY the case in which you received a withhold of adjudication. The information regarding the arrest and court case is also removed from ALL public databases and only certain parties in certain situations have access under Florida law....

    Nicolas.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Adjudication withheld, but treated as a conviction by Canada

    The information regarding the arrest and court case is also removed from ALL public databases and only certain parties in certain situations have access under Florida law....
    would you mind posting any applicable statutes to support that?

    have you read Montgomery v. state?

    what Florida wants has no affect on what Canada can or will do. If Canada wants to consider it a conviction, since they are a seperate country, they can do so. As long as they have knowledge of the crime, they can treat it any way they wish to.

    btw: this thread is nearly 5 months old. I suspect the OP has taken care of their problem.

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