Legal Question in Criminal Law in North Carolina

Re: Does probation always mean a conviction was involved?

The question was: If my husband was charged with assault with a weapon and received probation as a sentence, does that mean he was convicted of the offence?

The quick answer, in Canada, is "Yes". However there are a number of other possibilities which should be pursued. If your husband was represented by a lawyer it is possible that there was a plea agreement by which your husband was allowed to plead to a lesser or included offence in return for his guilty plea.

To be certain of what actually happened I would recommend that you go to the Court House where the plea was entered and your husband was sentenced, and ask for a certified copy of conviction. There will be a small fee, but the document you will get will contain the official Court record of the exact offence of which your husband was convicted. You will have that to show to any US authorities who may need to know.

As to whether he will be permitted to live in the USA, I would hope so, given his record, and the offence is now at least 12 years old. However since 9/11, much has changed and you may face considerable difficulties. I expect the final decision, should there be any problem, would be a discretionary one governed entirely by US Immigration rules and policies.