How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96438
Experience:  Lawyer
10263656
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

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: 11 months ago.
Category: Canada Law
Expert:  Legal Ease replied 11 months 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The only time he won't have a criminal record is if his charge is withdrawn or if he receives a discharge.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 11 months ago.
Please explain what discharge means? It is my understanding that charges can almost never be withdrawn.
Expert:  Legal Ease replied 11 months 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 11 months 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 11 months 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.

Related Canada Law Questions