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VIC Sexual Assault Charges Dropped - Will It Affect Migration Overseas?

Discussion in 'Criminal Law Forum' started by Pete G., 2 August 2016.

  1. Pete G.

    Pete G. Member

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    Recently, I was arrested, held in temporary custody, falsely charged with a number of indictable offenses ( sexual assault of a child and sexual penetration of a child that had apparently occurred many years ago), and then released on bail.

    The charges were presented to Magistrates court, then was supposed to go to County court. However, just before I was supposed to go to my first hearing at the County Court with my lawyer and barrister, I got a call from my lawyer stating that the OPP had dropped all charges against me, which I was relieved by - not only because the charges against me were all false, but because it had drained me financially, mentally, and emotionally.

    As a result, my police record remains clean, and my criminal check also clean, and I have had my Working with Children card reissued again.

    My questions are threefold:

    1. What record of these charges are kept by the government/police/Federal police?

    2. If such record is kept by them, can I obtain a copy of what is recorded against me?

    3. If I want to migrate overseas to America or Canada, are these dropped charges likely to have an impact? For example, if I do a national criminal check, it states that there are are no notable outcomes. But from a migration/immigration point of view, are these dropped charges still against my name that will be released to the overseas immigration board? Or does a clean criminal record "mean what it says"?
     
  2. Pete G.

    Pete G. Member

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    ADDIT: For further clarification, I pleaded not guilty (obviously given the fact that all the allegations were false), and I have never received a conviction for anything.
     
  3. Rod

    Rod Well-Known Member

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    Sorry can't help with your queries.

    I'm curious though, did your solicitor recommend suing the person who made false reports about you?
     
  4. Ponala

    Ponala Well-Known Member

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    1. Your details and the details of the allegations (brief of evidence) will be kept by the Police. The court will have an electronic record and a copy of the charges.
    2. You and/or your solicitor will have obtained the brief of evidence already.
    3. Not 100% sure but you have no findings of guilt to disclose and no charges pending so should be clean.
     
  5. Tim W

    Tim W Lawyer

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    There are no convictions to disclose - because you have not been convicted.
    There is not even an acquittal on the record - because there was no trial.

    As to how the US may treat your future plans to visit, you may find this page helpful.
     
  6. Pete G.

    Pete G. Member

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    So am I right that there should be no issues (as is visiting Canada and US)? I should be fine to just get a visa and go there to visit?

    My first plan is to actually go to Canada in 2018 with my family for a few weeks holiday, and then follow the Rockies down in to US, then back up into Canada again. We have some relatives over there and besides, it is a beautiful country, especially the scenery!

    ...or should I contact the Canadian immigration office and just check, or is that only going to make things complex? As I said, a summary of what happened was:

    1. seven false allegations resulting in seven charges (although I bet the detective and police involved in the case would beg to differ - hint: corruption)
    2. arrested
    3. released on bail
    4. pleaded not guilty
    5. lost my Working with Children Card
    6. had an intervention order taken against me by the police on behalf of "victim"
    7. went to magistrates court, but never went to trial at county court
    8. OPP decided for some reason to drop the case and to drop all charges
    9. had to reapply for Working with Children card, which I have again
    10. paid for a criminal record check after all this and has come back completely clear
    11. I still had the intervention order in place after all this, as I never pursued having it removed (it has since expired since it is more than a year ago, but I'm still deemed a "prohibited person" in relation to firearms, as it was stipulated on the IVO)

    I guess the thing that bothers me is that whilst I have never been actually convicted of those crimes, the fact remains that I was once charged for those crimes. And I'm concerned that while my National Criminal Check shows nothing, that if I were to visit (or one day apply for permanent residency in Canada) that Canadian Immigration will knock me back because they can somehow access information regarding the fact that I was charged...or do they only get the information like on my National Criminal Check which shows nothing at all??
     
  7. Pete G.

    Pete G. Member

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    We never really talked about that. I was just so relieved when the court case and charges were dropped, because I was financially in huge debt, and I was physically, mentally, and emotionally drained. I just wanted to put it behind me and move on in life, particularly as it had a massive impact on my family too.

    I mean I could get all riled up about it again, but I don't want to go down that path again. It's not good for anyone's health.
     
  8. Rod

    Rod Well-Known Member

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    It annoys me greatly when people use and abuse the legal system. It may not have ended well for you.

    A quote from Robert F. Kennedy comes to mind: Don't get mad, get even.

    Certainly take a break and restock your energy. At least you know now it's a possible option if you want it.
     

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