The rehabilitation process depends upon the
type of crime, category of sentence, the status of the driver's
license, the passage of time, and other factors.
WAITING PERIOD FOR THOSE
DEEMED REHABILITATED
If an individual was charged with
the equivalent of an indictable
offense, they are deemed rehabilitated
ten years after the completion of
the sentence imposed.
If an individual committed the equivalent
of an indictable offense but was never
charged, they are deemed rehabilitated
ten years after the date of the offense.
Those charged with the equivalent of
two summary offenses are deemed rehabilitated five years after the
completion of last sentence imposed.
Those never charged must wait five
years from the date of the offense.
WAITING PERIOD FOR THOSE
WHO WISH TO APPLY
Only half the time is required
before an individual can make a
formal application for
rehabilitation.
If an individual was charged with
the equivalent of an indictable
offense, they may apply
five years after the completion of
the sentence imposed.
If an individual committed the equivalent
of an indictable offense but was never
charged, they may apply five
years after the date of the offense.
Those charged with the equivalent of
two summary offenses may apply
immediately after the completion of
the last sentence imposed. Those never
charged must wait five years from
the date of the offense.
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NO WAITING PERIOD
If the individual has not met either waiting
period, there is still a process
that may allow them to cross the border.
Click
here to read more.
THE SENTENCE IMPOSED
Because the courts impose a
variety of sentences, the triggering
date for the appropriate waiting period can vary a great deal.
If the individual received:
-
A suspended sentence, the period begins on the date of conviction.
-
A suspended sentence with a fine, the period begins when the fine is
paid.
-
A suspended driver's license, the period
begins the later of the jail term or
license suspension.
In general, the probation period is
not considered in the calculation.
SUBSEQUENT CONVICTION
In general, an individual may not apply if they have received a subsequent
conviction. Nevertheless, an individual may apply for special permission to
enter but only after satisfying a second waiting period following the second
conviction.
REQUIRED DOCUMENTS
Many items must be submitted
along with the application for rehabilitation. These
include:
-
Application form IMM 1444
-
The appropriate application fee
-
Driver's license or birth certificate
-
FBI criminal background check
-
State fingerprints
-
Certified court documents of the charge and disposition
-
Proof of probation compliance including jail, fines, and treatment
-
Copies of the applicable state statute
-
A personal explanation of the circumstances surrounding the charge
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