I plead guilty to a dwi, received a deferred sentence, completed my probation successfully and the judge dismissed the case. I have been told that I do not, therefore, have a criminal conviction on my record, but that the department of motor vehicle record remains. Will this cause me trouble should I wish to visit Canada?
Optional Information: State/Country of Question: New Mexico Already Tried: Haven't tried anything, yet. Just wanted to know whether or not my circumstances would hamper a visit to Canada, and if so, what I would need to do.
No, it should not effect your passport eligibility or your right to travel anywhere. However, it may effect your right to rent a vehicle, etc.
Thanks for the advice. While waiting for your reply, however, I visited the Canadian Immigration site and it seems to contradict what you have said. If you are curious about this, please check out this link.
http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp
You cannot enter Canada with a DWI conviction and if it is appearing on your Driver's Record you would need to obtain a certificate of rehabilitation from the Canadian government before you would be permitted to enter the country.
I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
I apologize if I misunderstood the question.
In your case, because the charges were dismissed, your criminal record is cleared and the charge/conviction would not show up on a criminal background check.
According to the US Embassy to Canada, only someone with a Criminal Record may be excluded from entering Canada: http://www.consular.canada.usembassy.gov/enter_canada.asp
You do not have a criminal record according to your entry. Having the offense show up on your DMV record is not a CRIMINAL RECORD - its a driving record.
If I misunderstood the question, I stand corrected and defer to Paul's answer.
Good luck.
Experience: Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations