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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I was convicted of a Wet and Reckless in California in February

Customer Question

I was convicted of a "Wet and Reckless" in California in February 2009 and want to do a one day trip to Victoria while in Seattle. I will go over on a boat and return on a boat the same day. Is a "Wet and Reckless" conviction considered the same as a "DUI" in Canada? Should I chance going over or do they do a background check on everyone?
Submitted: 5 years ago.
Category: Canada Law
Expert:  Legal Ease replied 5 years ago.
What I need to know is whether you have a criminal record or not. I can then give you all the information you need. I don't know US law though so I need to you determine if you have a criminal record or whether this charge was more like a speeding ticket, for example.
Customer: replied 5 years ago.

A "Wet and Reckless" is a driving violation. The codes (there are two) are 23103AVC and 23593AVC. In California this is considered a misdemeaner not a felony.

 

Hope that helps. Other than this, I do not have a criminal record.

 

Thank you.

Expert:  Legal Ease replied 5 years ago.
OK.

If it's a misdemeanor then as far as I understand it you will do have a criminal record but please remember that I do not know anything about US law. I checked briefly online and as far as I can see it's a criminal offence.

If this is so then you are considered to be inadmissible to Canada on the basis of criminality.

When 5 years has passed since your sentence as been completed it is sometimes possible to be deemed to have been rehabilitated when you reach the border. However, there's no guarantee as it's up to the discretion of the immigration office.

If you don't want to take a chance at the border the most prudent thing to do is to apply for individual rehabilitation after the 5 years since your sentence was completed has lapsed. If this application is successful you will no longer have to be concerned about being turned away at the border.

But, it takes over a year to get this processed.

For now, if you want to come up before then it's sometimes possible to get what is called a temporary resident permit. This is sometimes granted in cases like yours.

Here is the link to the webpage that explains how all this works:

http://www.cic.gc.ca/ENGLISH/visit/conviction.asp


I hope that helps.

Please click accept so that I can receive credit for providing you with this information.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85790
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 5 years ago.
There are often loop holes in the laws and after much research on my own I discovered it. So it would be helpful it answers contained other possibilities besides the direct answer.
Expert:  Legal Ease replied 5 years ago.
Can you let me know what loop hole? I would like to know what that is.

I have to go to bed now though so I will not be able to respond again until the morning as it's 1 am here.

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