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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 97423
Experience:  Lawyer
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My husband has been charged with domestic assault. I have

Customer Question

My husband has been charged with domestic assault. I have expressed that i do not feel unsafe that I believe it was not intentional. That my wish is for resolution. If he agrees to resolution at his first court date and is offered PARS or anger management, is it true he will not have a criminal record?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

No. That is not necessarily true. In fact it could be a condition of his probation that he attend PARS.

The only time he won't have a criminal record is if his charge is withdrawn or if he receives a discharge.

Customer: replied 1 year ago.
Please explain what discharge means? It is my understanding that charges can almost never be withdrawn.
Expert:  Legal Ease replied 1 year ago.

Here is a link to a good website that explains this for you:

http://stephenjackcriminallawyer.ca/avoiding-criminal-record-absolute-conditional-discharges/

Customer: replied 1 year ago.
How likely is it that a discharge be received? Is this common practice or only in rare cases? We are concerned about a criminal record effecting his immigration here to canada/ our sponsorship
Expert:  Legal Ease replied 1 year ago.

Yes it is quite possible that he can get a discharge.

But this is really something that he has speak to his lawyer about and should make sure that he/she understands how important this is for immigration purposes.

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