Ever since a reader and I had a bit of a debate as to whether a criminal record could delay one's application for a passport in my Online Passport Application Article , I've gotten a few hits every day from people asking this very question. I stated that I thought that a criminal record could delay one's application, while this user claimed that I had no idea what I was talking about. So, this made me curious.
2010 Update: I've written a clearer and everyday explanation of who can't get a Canadian Passport. I recommend reading this link first, then come back here to read it and the comments (there are several pages of comments!).
Of course, every case is going to be different, and I'm not even going to get into how this might affect one's ability to get _into_ another country. I'm going to only address applying for and getting a Canadian Passport.
Canadian Passport Laws/Regulations re: Criminal Records&Related Stuff
From the Canadian Passport Order, Section 9 (retrieved December 21st, 2007):
9. Passport Canada may refuse to issue a passport to an applicant who
(a) fails to provide the Passport Office with a duly completed application for a passport or with the information and material that is required or requested
(i) in the application for a passport, or
(ii) pursuant to section 8;
(b) stands charged in Canada with the commission of an indictable offence;
(c) stands charged outside Canada with the commission of any offence that would, if committed in Canada, constitute an indictable offence;
(d) is subject to a term of imprisonment in Canada or is forbidden to leave Canada or the territorial jurisdiction of a Canadian court by conditions imposed with respect to
(i) any temporary absence, work release, parole, statutory release or other similar regime of absence or release from a penitentiary or prison or any other place of confinement granted under the Corrections and Conditional Release Act, the Prisons and Reformatories Act or any law made in Canada that contains similar release provisions,
(ii) any alternative measures, judicial interim release, release from custody, conditional sentence order or probation order granted under the Criminal Code or any law made in Canada that contains similar release provisions, or
(iii) any absence without escort from a penitentiary or prison granted under any law made in Canada;
(d.1) is subject to a term of imprisonment outside Canada or is forbidden to leave a foreign state or the territorial jurisdiction of a foreign court by conditions imposed with respect to any custodial release provisions that are comparable to those set out in subparagraphs (d)(i) to (iii);
(e) has been convicted of an offence under section 57 of the Criminal Code or has been convicted in a foreign state of an offence that would, if committed in Canada, constitute an offence under section 57 of the Criminal Code;
(f) is indebted to the Crown for expenses related to repatriation to Canada or for other consular financial assistance provided abroad at his request by the Government of Canada; or
(g) has been issued a passport that has not expired and has not been revoked.
So, that's (part of) the law on the subject.
Section 57 of the Criminal Code of Canada relates to crimes regarding the forgery of passports and misuse of passports.
Here are the laws/regulations on "Revocation" (ie: taking away one's passport that they already have).
I am not a lawyer, this isn't real legal advice and I haven't had any experience with this, so your mileage may vary.
It'll probably cause you a
It'll probably cause you a lot of grief to fill it out as married instead of separated even if it is technically true that you are "married".
According to the Customs and Border Control in the USA, such notes aren't required, but strongly recommended. They also only recommend that they be notarized, it's not required. It's all about making them comfortable that you're not abducting those children :) . They make no mention of this note being trip specific, so you could push your luck and make a blanket note with an expiry date with full legal name, address and phone numbers for both parents, preferably ones that can be verified online (eg: the phone number and name matches that in Canada 411). Make it valid for either parent to use and get many copies notarized, one for each child, hockey bag, parent and vehicle so you're never without it
Such letters will also make returning to Canada easier in case they start asking questions there too.
Notaries are much cheaper in the USA if you can make a trip of it somehow, the MAX they can charge in Michigan (I'm guessing you're in Windsor, but totally a guess) is $10, and often banks and Kinko's will have one.
I have the Charge on my record but no conviction
I was charged for pot position about thirty years ago, and when it came to court only one of the three people who was charge was convicted. I fortunately wasn't one of them. I have had a passport in the past but since 9/11 I have not applied for one. Would I have a problem today?
30 years ago
if you were charged and fingerprinted, you have a record of non-conviction disposition. to avoid the hassles of being turned back, get the arresting police department to have your fingerprints and mug shots destroyed (file destruction if possible for any non-conviction dispositions). then cross with no hassles.
if you cross without clearing this, the US Homeland Security will see that you have a mug shot and fingerprint associated with your date of birth and passport id and it will be downloaded in the US system which will stay there without your control. once they get that information, it may be used as a regular and permanent flag on you everytime you cross. maybe they will let you in all the time, but you just might suffer secondary inspections and delay most guaranteed all the time everytime you cross.
is it worth it? have your file purged before anything else.
You should be able to obtain a passport
You would be able to obtain your passport. But if you're planning to visit US, do yourself a favor....apply for a certified criminal record check from your local police station. This will tell you if anything shows up under your name.
diversion
A freind of ours had a charge in criminal court that was " diverted'" can he still obtain a passport and travel?
It should be ok for your
It should be ok for your friend to obtain a Canadian passport. However, he/she should apply for a File Destruction first before travelling (especially to the US).
Travel after being charged?
HI, I was just arrested and charged with driving while prohibited and possession of a control substance (pot). I received a promise to appear and my first court date is June 18. I was planning to travel to the states next week but was wondering if the charges would already be on my record and i will be denied entry.
charged
yes you will be turned back (maybe not fingerprinted or mug shot because you are not convicted) but you will have a notation that you were turned back. (red flag)
HI, my bf got caught with
HI, my bf got caught with small amount of marijuana at the Canadian airport. He wasn't fined or anything. Does he have a criminal record? and will this prevent him from entering the states? At that time, the still allowed him to leave the country. Please help.
was he charged?
records are created when a person is formally charged and fingerprinted and went to court. other than that, there is no evidence of records of a crime
i want to travel to the states
i want to travel to the states but i have a record for theft under 1,000 in 1988. i have been to the states 10 years ago but now i know i have to get a waver. fingerprinting first then what? i have never done any wrong since nor will i ever. i stole food because i had 2 kids and my hours at my job were cut down yo 20 hrs a week. i am not bad but i am paying for my mistake .I wish people would realize what they do first., you will get caught.
can you help me??
I seen your post...i am in the process of applying for a passport. I never even thought of this???? I am 32 and when i was 18 i got caught (STUPID I KNOW) shoplifting. I was charged and then discharged in court. I did have probation for a few months. Does this mean i cannot get a passport??
you may get a passport but
you may get a passport but you still have a record of your finger prints and mug shot. have them destroyed by requesting the arresting police department to do so.
No problem obtaining passport...BUT
You would not have a problem obtaining your passport. But I do suggest that you apply for a File Destruction if you haven't done so already. Alot of people with a record more than a decade ago assumed that their record would be removed automatically....they DO NOT. If you don't clear this record, it might be a problem for you if you want to cross border to the US.
Check the RCMP webite for instruction about applying for a File Destruction (you got a discharge from court, this is what to need)
PASSPORT IN CANADA
Hi guys.
I live in Ontario. My passport recently expired about 8 months ago, I have criminal cases going on right now, extortion in Ontario (was released on a promise to appear) I also have a warrant in BC for fraud under, I was wondering if I would be denied a passport if I tried to renew?
Last step in protecting
Last step in protecting yourself at US border, please research the Petty Offense Exception. You will need to present a copy of the court documents (certified is preferred) to prove to US custom border in case they question you. Good luck
Find your court documents,
Find your court documents, research the "Petty Offense Exception" and consult a US immigration lawyer. If you qualify, this will save you a lot of money applying for a waiver. Please let us know how it goes later. Good luck
toronto airport
I really understand how you feel, I have a criminal record from 29 yrs. ago, I thought when you applied for a passport they checked into your background and if you were not elligable you would not get it. But they issued me one so I thought I was good to go!! I booked a trip to vegas with my son & his girlfriend went to the airport only to be taken in a separate area kept me there for over 2 hours finger printed mug shots the whole works and then walked me out of the airport. I was treated like a murder, it was horrible it brought back some bad memories that I thought I had left behind, but here again I pay for something that happened so many years ago. My son was so heart broken to see what I was going through, and that was so cruel on there part as that is something he will never forget! And that alone is not fair. They allowed my son to come with me but made his girlfriend sit on the floor in the baggage area! I hope anyone who has a past criminal record that is now living a good life don't get caught up in the bad experiance I just went through. Don't let them hurt you the way they hurt me and my family!!
Toronto AIRPORT
I empathise with you. My older sister came to Toronto 32years ago on vacation. The way that she was treated by the Immigration Officer has left her traumatized to this day. They finally gave her a visitor's visa after being interrogated for several hours. She visited with me, and finally returned home a few weeks before the visa expired. I have been asking her over the years, to get a visitor's visa in the home country to come see me, but she is still so traumatized, that she refuses to do so.
I am so sorry about what
I am so sorry about what happened to you, what did they to you was just cruel.......I'm guessing you are in your 50s or 60s....what kind of threat a person like you can do to America??? Americans are too busy catching minnows when they should have focused their effort on the real baddies!
Because it's been so long, you'd probably think that your records had been removed from the system (someone should have told you to this, but did not). I've heard from other people with similar situations, they now have to apply for a US waiver. At the end of the day, it's all about money.
I had the same experience
Guys, I had the same experience over a possesion charge that was 26years old. I didn't feel as though I was unfairly treated, in fact contrary I was treated very professionally and corteously. I was very grown up about the whole situation, I didn't yell or curse at the US officers and maybe that had something to do with it. I have done very well for myself and had been invited down on a paid for trip for some golf and relaxing, so I was embarassed in front of my peers, as I wasn't able to tell them what had happened until I was escorted from the airport, and then I could call them, what bothered me the most was the fact that I had donated 25,000$ to Katrina relief after that terrible tragedy in the US as I have always felt a kinship to our American neighbors, I had worked in the Mid East with Americans and have many I call friend to this day, Katrina affected a large area and some of that area was where people I had known for many years lived, family members lost and so on, anyways that made my heart bleed and donating was what I felt I could do, the fact that my possesion charge happened when I was legally an adult was the reason for my denial of entry, the officer explained to me that it was not even a situation as to where he had the final say, he said under the circumstances he had to deny me entry. I had been in the US approx 10 times in the 6 or so years previous to this. Now I am stuck with applying for a waiver, that is turning into a very long drawn out process. I don't wish it on any one, but truthfully, the only thing I felt as far as emotions were Embarassed, How could I be angry at someone doing their job?
I think you should call some
I think you should call some of the Pardons services and find out what it is that you need to apply. Chances are you might not need a Waiver if this was your only offense. Consult with an immigration lawyer on the subject called "Petty Offense Exception".
I think you're absolutely right, people do not realize what we do until we're caught. I'm still so depressed and paranoid about this whole incident.
Can I still get my Citizen Card
I got caught by shoplifting and the cops did not bring me at court and ask me for finger prints . should I still get my Citizen Card and its that a criminal record even Im just under age ?
No, you don't have a criminal record
If the cops did not issue a citation (asking you to show up for fingerprinting / court date)...then you don't have a criminal record. You should be able to apply for Citizen card with no problem. Please do not do this again, it's not worth the risk. Good luck.
Passport Renewal
Can someone who has an arrest warrant (fraud/theft) outstanding get their Canadian Passport renewed ?
Please Help
My passport is about to expiry, I was told there was an arrest warrant but can the charge me ? can I renew my passport ??? any help would be appreciated
theft under 5000
I was arrested for theft under 5000. I have not gone to court yet. The officer said I will most likely NOT be charged as it my first offence. If I cross the border into the United states from Canada now will i have problems? what about after the charge is dropped? Im crossing the border soon with family and dont want it to show up!
They would tell you if it was
They would tell you if it was going on your criminal record, but if they didn't mention it chances are you won't have to worry.
I had to go through that last year wow was that a scare, just had community service no charges no criminal records because it was also my first offense. Best of luck. Peace
They didn't clarify anything
I was arrested for theft under $5000 and it is my first offence too. The officers said if US border people ask "do u have a criminal record, say no" and if they ask "do you have any charges, say yes because they will be able to see ur theft charge". Another officer mentioned "since it is ur first offence, there won't be any jail time and a fine is a maybe; we can't tell you anything, it depends on the judge". I haven't gone to court yet, and they didn't clearly mention anything when I asked them "will it show up on my record even after pleading guilty in court?". They said the judge will decide about the charges.
I am rather confused. Will it go on my record? Please respond soon.
I would not risk going to the
I would not risk going to the US during this time, especially if you were fingerprinted. Wait until the trial is over, immediately apply for File Destruction. This might take a while. After that do yourself a favor and apply for a Criminal Record Check. If nothing shows up in your file, at that point it is safe to cross border.
We are in this mess because we made stupid mistakes, all we can do now is to take steps to avoid further complications in the future. I also suggest you guys research and look into something called "Petty Offense Exception". Hope we will NEVER get into troubles again.
Thanks for the response.
Thanks for the response. Would you know how long it could take when you say "this might take a while"? And is the crimin record check that important? Can I not ask the judge or crown attorney or go to the police station to confirm?
I am planning to go to the crown attorney; one of the officers had said he might be able to "make it go away".
Since this is your first
Since this is your first offense, the officer is right by saying the Crown might make it go away through the Diversion Program, meaning you have no criminal record. However, your fingerprint/mugshots and police report will not disappear automatically, you have to apply for a File Destruction with your local police station. My legal rep advised me that it might take upto 1 year for the entire process. You should call your local police station and ask them about their file retention policy.
Yes, Criminal Record Check is indeed very important, it's the only way to make sure you're in the clear.
If you must really go to the States during this time, you should at least investigate the Petty Offense Exception. It's best to consult an immigration lawyer on this issue. Good luck to us all.
NO CONVICTION, NOCHARGE - will i be hassled at the border??
i got pulled over for speeding and the cop smelled marijuana. i was honest and handed him over everything i had, which was 2 joints inside my cigarette pack. he was nice and lowered my speeding charge and told me that there was no conviction or criminal charge for the joints, but it would be going onto my file. i was also busted for having a joint on my person last year at a music festival and told the same thing, no charge but it was going on my file.
i live in canada and have to travel to the states in june. will i be hassled at the border for having this on my file? should i not buy my plane tickets at all? PLEASE HELP!
I would think this file is
I would think this file is only with the police, and more likely, with that police force. You're innocent until proven guilty, you don't have a criminal record unless convicted by a court of law, and it's those records (or charges of, which you'd know about if you went to the station or got a court summons) that are the problem. You should have no issues travelling to the US based on that.
Of course, none of this is legal advice!
license?
hi a few years i was feely messed up i have never had a b.c drivers license or any other i got several tickets for driving without a license an even driving with no insurance now i have my life staightened out i real need a drivers license i owe $3100.oo in tickets for driving with a out license an a couple driving with no insurance, i live on my own i dont make very much do i have to pay that in full before i can even go take my learners test? thank you
Wondering how to get a u.s. criminal record check
My fiancé about 10yrs ago was charged with what we think is a misdeamenor. He was caught at the u.s border with a pair of comestic scissors found in his shaving quit which tested positive for thc (resin). He spent one night in jail and was told he needed to pay a fine. He payed his fine and they sent him on his way back through the canadian border. My fiancé however believes he was suppose to go back to court about a month later, and now thinks that their may be a warrant for his arrest. We are currently in the process of applying for our passports so we can travel to cuba this christmas. My question is, how do we found out, as canadina citizens, if my fiancé has a criminal record or warrant in the united states, and if he does, how do we apply for a pardon.
Can I travel to the united
Can I travel to the united states if I have a provincial warrant in ontario and live in Alberta?
The warrants are from 1999.
thank you
Joshua
goin to cuba
hey i was just wondering if you found out about traveling with a provincial warrant i live in alberta have a provincial warrant in new brunswick and want to travel to cuba this spring
regarding your question about going to cuba
Did you ever get an answer on wether you can travel to cuba on vacation having a warrent from New brunswick? I live in Ontario and have a bench warrent from New Brunswick as well from 12 years ago for not appearing in court and i want to go on vacation and can not find a clear answer.....
I had a bench warrant from BC
I had a bench warrant from BC and travelled to central america via the US with no problems.
Can I travel to the united states if I have warrants?
Can I travel to the united states if I have warrants in another province NOT CANADA WIDE they are provincial warrants.
I found a job but my boss wants me to travel to chicago from calgary for training but Im scared because I have provincial warrnats from ontario and live in alberta.
Do you think I could clear immigration?
please give me your thoughts.
thank you.
Joshua
will my passport renewal be denied if FMEP (family maintenance)
My ex-girlfriend from over 25 years ago has filed with FMEP (family maintenance enforcement program) claiming i owe her back child support for $45k, this is false, i do owe appx. $12k, but she refuses to tell them the truth. FMEP suspended my DL`s because of her false claim. Can they take away my passport too??, i need it for my work, as i will be travelling alot.
looking to get a visa help
Iv got family living in canada and recently went there on holiday, which i thoroughly enjoyed. the thing is i have 3 minor convictions for failure to appear and breach of the peace- all of which i only got a fine for. Will this prevent me from securing my visa, bit worried as iv just got my police cert back and the offences are stated on it, and ive already booked my flights. freaking out as its a move ive always wanted to make, any help would be greatly appreciated, thanks.
Criminal Record/Crossing U.S border
Hi, 28 years ago I was convicted of Impared & Dangerous driving in B.C. I'm wondering if that's going to cause me any trouble getting my passport or crossing the border, am I going to need a pardon?
RCMP Security checks By dob
Ok, so I get caught in a boon doggle, created by the RCMP and the Conservative Governments new policy on checking crimonal records for pardonned sex offenders, by date of birth only, and not name. Their way, of getting around pardon laws, when one convited of a sex crime, gets a pardon.
Some body, who shares my birth day, is a convicted felon and did recieve a pardon.
I lose a job oppurtunity, but cool down, figure, OK, I will go get it done, wait the 120 days plus, get cleared then try again then.
Oh, oh, I find out though, its only good for,,, one year.
Like, where is the logic in all this? Does the ink they use for finger prints disappear?
Do finger prints, change over a years time?
Is that person who ever they are, that recieved a pardon for a sex crime, born the same day as I, have finger prints that some how, turn into other persons?
Why would, all this, only be good for one year?
If any one can understand the logic of this, I am sure you have a great career cut out for you as a RCMP officer. Betcha you will vote Conservative as well,,,,,,, Unless, if and when, it happens to you.
Kind of reminds me of Marie Antonnette," let em eat cake".
Unbelievable.
Warrants for DUI
Wondering if you can tell me if my husband can get a passport, he has to warrants for DUI's that are at least four years old and in a different province. I can't get him to deal with them he's an idiot!! But would he be denied a passport??
He should have no trouble
He should have no trouble getting his passport, however travelling to certain places with a warrant is another story.
a ticket i got way back when
i got a ticket way back when i was probably under 18 i live in ontario it was for stealing a choclate bar lol i dont belive i payed it i ever had to go to court and such will this hinder me from obtaining my passport
criminal record for theft
i am canadian and have a criminal record for shoplifting and i applied for pardon i am eligible this year in september 2011 and want to know if i'll be granted my pardon can i enter u.s. and will the record be removed from the u.s. systems
going to the states
get the pardon first ...so it will not have been entered into thier system ..it only shows up if you have tried to get in in the past
The record won't be removed
The record won't be removed from the US system if it is in there as they don't honour Canadian pardons. Getting into the US is at their discretion, and you'll probably need to investigate a "Waiver of Inadmissability".
and there is a hefty cost for
and there is a hefty cost for this waiver of inadmissability well over 500 bucks
citizenship
i have been convicted in Impaired driving by ontario court, and got court fine and probation for 1 year, Can this affect my application of Citizenship, if yes what to do , pl. guide
Hello, I'm a canadian citizen
Hello, I'm a canadian citizen and want to travel to usa - last year I got a speeding ticket in Pennsylvania and they sent and impending warrant for my arrest about 2 months ago and nothing else regarding the ticket has been mailed in.
Will I be able to go across the boarder no problem!? Or will they detain me or send me back!?
eligible for canada
i am american and had a dui in 1993. felony drive while suspended in 1994. my record has been exponged. i am a truck driver and also want to visit canada in general. Who do i contact to get a pardon in canada for entry. i have been at this for ten years now, but nobody can tell me
I have some pending charges
I have some pending charges that should be dropped soon, as they have not yet been dropped is it possible for me to obtain a work visa to go to australia, or do i have to wait until the charges are cleared?
gaining entry into the usa from canada
I had a mischief charge on my record in 1991 when i was 18 yrs old im now 39 will this stop me from entering the usa . I have nothing elese on my record
HELP!
So my charges are assault of a weapon and possesion of a weapon and I was just wondering if these charges possible to be dropped. Cause there was 6 witnesses saying I was hitting this guy with a cane but I wasnt. I didnt even have any weapon on me or whatever and they were drunk and theres no finger print on that cane.
CRC - CDN returning to Canada
If a Canadian has been living outside of Canada (UK) for several years and is now living in Canada again, but needs a criminal record check for a job he has been conditionally been offered in Canada... how do they get a check for their time in the UK?
criminal record regarding theft
I had a theft $5000 charge 20 or 21 years ago and this is the only thing that I have ever been charged with. My employer wants a criminal record check done and I am wondering if it will be on there still and if it will cause me not to be bondale. How do I get it removed if it does show up? What does it cost to do this?
record check
assuming this is in BC you can pay $18 and have a check done at he RCMP..Say you are appling for a retirement facilty or your known position.(as they ask what your needing it for).takes 1-2 days...then ask them to explain any box that may have a check..one means you have had police interaction but could be as simple as having your name checked eg: speeding etc...but truly after alll those years I'd be surprised if anything shows up...they usually only go back 5 years unless it serious like robbery,sexual assault etc..don't give up hope as you would be surprised how it may be in the past...good luck..all else fails you will have to apply for a pardon..cost..min $500..speaking from experience..
Removal
If you were 18 years of age or older at the time yes it will show up you have a criminal record but won't say what the charges are that requires you to write a letter requesting what you were charged with. A pardon is the only way to remove your record from searches on the data bases, pardons are approximately $500.00 Canadian and can take up to a year to receive. As far as being bonded you can be I was and was told I couldn't unless I received a pardon but I'm bondable. Hope this help you somewhat!!!
Is it still on my record
Last year I was charged with possession of 4 grams of pot....I went to court and the charge was moved to alternative measures and said it would not be on my record. I had to pay 200.00 to the D.A.R.E. program,which I did that day in court. My question is....Is there a way to find out if it is not on my record? The charge was out of my Province.
still on record?
I'm in a similar situation. Will I be able to cross or am I in the CPIC?
just wondering if i can go to
just wondering if i can go to the uk, i have a record. I know i can enter usa but is uk the same as well?
if you can enter the us you
if you can enter the us you can go anywhere, no one has stricter legislation for immigrants/tourists than them
Spouse denied entry US
Spouse canadian citizen with canadian valid passport but denied entry to US because of past criminal record, have to fill waiver i guess right ? however, until that is done... can he visit non-US countries or non-US caribbean islands? ie we want to go on honeymoon but i want to make sure he is safe to return to canada and after waiver is done then in future we can go to US or US countries. Is this possible ? someone told me is okay to go to caribbean islands that is not under US. or europe. is this true?
yes no problem anywhere but a
yes no problem anywhere but a usa country.
traveling to mexico in april
I have a criminal record for fraud over $5000.00 7 years ago,i paid back the amount and did what the court asked me to do. Iam going to Mexico in April with my family from Canada. I have my passport and wondering will i have problems going to Mexico. Its a direct flight,also will thye ask me if i have a record when going thru customs? Thanks
I had a few charges back in
I had a few charges back in the 80's from when I was young and stupid. I applied for, and received a pardon. I have since crossed into the US once by car without issues. Also on a recent trip to Mexico, I transferred planes in the US. Nothing was brought up at US customs, although there sure seemed to be some long hard looks at the computer when my passport was scanned. It took a good ten minutes at least for me to get passed through. I wish I knew what that customs officer was studying!? Now I'd like to plan a US holiday, but I'm so paranoid about any old charges coming up. The fact that I've cruised through US customs a couple times now...should I be able to relax and not worry? Is there any minute chances of something popping up still? I'd just hate to drop a pile of dough on a planned trip and have some old thing come back to haunt me.
I have travelled to the US
I have travelled to the US well over 30-40 times in the last 10 years, everything was fine(let alone the bahamas and went through US to get to Venezuela). My last trip that was booked to depart april 26th,2011, a customs officer took my passport, asked me to follow him and sat in a room for almost an hour. Only to find out, that they said i had a record from 1992 and denied me entry. When i asked how they can do that (very politely cause didn't wanna piss them off) she simply told me "You've been very lucky". Denied Entry, walked out of airport. Now i have to pay an agency to get me a US waiver, but i also have to pay US homeland security a fee of 595$ to get their approval. all in all US -waiver 1100$, and was told recently, that the US more times than not only grants ONE year at a time to start....so will have to pay to go to the US for the rest of my life. BTW, my charge was theft (shoplifing), which to the states constitues 'Moral Turpitude' they don't allow you in, but you can have 5 DUI charges and NO prob!
wow and I thought I was the
wow and I thought I was the only one they did this too...almost the same as me at Port Huron...seems like a money grabber to me..well my money is going elsewhere, am not paying them that kinda money
Were you pardoned, or you
Were you pardoned, or you have a criminal record for that?
charges
I would not be paying big dollars for a trip if you have out standing charges pending against you.If you have out standing charges or criminal convictions you can be denied entry into the united states at any time.
Just because you cleared the border the last time doesnt mean you will every time.
thank you and good luck
I don't have any outstanding
I don't have any outstanding charges. I was charged and convicted, and subsequently pardoned of all.
after a pardon...
even the provincial goverment does not have to honour the federal goverments pardon..i know..after getting a pardon and appling for a security clearance I got denied. I filed an appeal with the Attorny General one won on the grounds I can't be punished twice for the same offence..once in court and once by the clearance division..we won and I was ordered to get a clearance forthwith..this was in the 80"s...I have since been to Mexico 15+ times without as issue even after 9/11...good luck but anything can happen with the USA..make sure you get cancellation insurance and discuss this with your agent to make sure your covered for this..hope this helps..
Can a Canadian charged with indictable offence travel abroad?
charged with false child abuse case(name still forwarded to provincial child abuse registry), prelim in july, 2011; currently on bail with no travel restriction, but can passport office still refuse renewal of Canadian passport, or worse impound it? also in the event of travel out of country for few weeks under intimation to lawyer/crown, can the immigration check at airport/border still refuse? if they do, what is the procedure to obtain NOC/Clearance to visit ailing mother in home country?
alternative measures/police record. travelling to UK
I was arrested for theft under $5k in 2008 and did alternative measures instead of going to court. I did 8 hrs community service and paid $500. I am travelling to the UK with my boyfriends family (who are unaware of my issue) in June and I wanted to make sure that it wouldn't be an issue. With alternative measures, I received a police record rather than a criminal record. Will I have problems entering the UK?
Crime Involving Passports
I have plead guilty to a crime involving passport forgery. I am currently paying my debt to society, does that mean I am entitled to get my Canadian passport again after my debt is fully paid, or because it is a passport related crime will I never be able to get a Canadian passport again, and I am basically stuck here?
Passport forgery
Did you forge a guarantor's signature on a passport application, or did you forge a previous spouses signature on an application? I can help you.
John
gaurantor signature on passport for baby
HI John,
how can you help
Passport forgery
I forged a guarantor's signature on my children's passport application. The guarantor was supposed to be my ex-husband who is out of the country
What happened, i signed my
What happened, i signed my gurantors section on behalf of him and with his permission as he was too far away? Will this be ok?
Hi I had a similar case. What
Hi I had a similar case. What happened to your case exactly?
Similar case
Hello, I had a similar case and they asked to write a statement explaining what had happened. Please let me know if this happened to you and where does the statement go to? Will it affect my canadian passport at all?
DUI in USA for Canadian Citizen
Hi there - I am a Canadian Citizen and lived in Virginia for about 4 years on a work visa. During that time I got a VA drivers licence along with my Ontario licence. About 3 months before I left the USA to return to Canada I was pulled over and got charged with DUI. I served the sentence but they wanted me to completed some kind of driver rehab classes, I paid the fees there but told them I was leaving permanently so they said I need to complete the class in Ontario, however Ontario will not let me take the class becasue there is no court order for it and they do not honor VA court orders. I am just worried they will send the case back to court in the US and someday when I go to the US on vacation I will get arrested at the border. The VA people will not let it go or accept that I cannot complete the course in Ontario. What shoudl I do? My lawyer that I retained is trying to contact them as well but is not getting anywhere either.
Firstly, I'm no lawyer and
Firstly, I'm no lawyer and this is not legal advice ;)
Secondly, and of course, this is a state by state thing, DUIs aren't typically treated as seriously in the US as they are in Canada (which can be problematic when someone has a "ticket" for a DUI from the US and tries to acquire Canadian citizenship, but that's not your situation). Of course, this could blow up if they suggest you "didn't complete your agreed sentence" or some such.
Thirdly, my suggestion would be to seek out some type of online program that's acceptable to them, or see if there's a 1-day course you can do in Buffalo or another jurisdiction that satisfies what they want.
Did you retain an Ontario lawyer or a VA one? My guess is that an Ontario lawyer that doesn't know the VA system won't get any further than you could on your own, and of course, they'll bill you for their every unsuccessful attempt.
going to florida with a dui
Hi I'm wanting to go to Florida this March for a week to vacation. I have a dui from 8 yrs ago that I know they wont deny me on itself.. But I also have a driving while prohibited from 7yrs ago which is considered a misdemeanor.. Do you think this will this present a problem?
Worrying myself sick
I took the rap for something a long time ago and dealt with the charges and fine
Because of the charges when I went to apply for a pardon last year I was told that I had to wait 2 more years (theft over $5000) I have already started the criminal record check and finger printingI am a good citizen have had the same steady job for 10 years and no other trouble
I have to travel to the US for my job for 1 week and am worried they may refuse me entry otherwise I could wait and not go to the US
I applied for my canadian passport and received it a couple days ago
My bosses are sort of aware of my situation is there any way they can vouch for me
Can you tell me if im
Can you tell me if im correct?? You have a theft charge on your record and was able to get a Canadian passport? I have been to the states 2 years ago..no passport just license and had no issues with entry. I am currently about to send in my passport documents as i have a wedding in the US to attend. Im really paranoid that i will be refused a passport cause i have a theft under $5000 from when i was 18. It is on my criminal record as i know cause i lost out on a job opportunity because of it. :(
PLEASE HELP...
schedule 1 offender
hi i am a schedule 1 offender not a sex offender i am 29 and the incedent happened 9 years ago on my son when he was 3 weeks old he is now 9 this year and he still lives with me it was not done on perpouse it was a genuine accident and have regretted it ever since i have a passport people new it was an accident but the police still charged me and put me under the schedule 1 offenders list for crulty to under a miner he is a happy 9 year old i have 4 children living with me as far as i no ya can still have a passport i have mine but you cant obtain a visa in less ya can get a police cirtificate or ask permission before you go other wise ya can travel within europe if thats anyhelp
Well the female sex offender
Well the female sex offender who raped the 14 year old boy still has her three kids.....yup it's one fukt up system...
Security Checks
Curious as to what departments are involved (RCMP, CSIS, Rev Can, etc) with security checks to obtain a Canadian Passport?
What security check.
None of the above.
I think you are confusing a security clearance, my friend.
Going to the UK
I have never had a passport but now find myself needing one to go to the UK. I have a criminal charge that occured 5 years ago, assault with a weapon (in reality I hit a bad guy with a broomstick)... is this going to cause me troubles getting a passport? Do I need a pardon to go to the UK?
And does it matter that the
And does it matter that the judge just sentenced me to a year probation?
Forging passport application
Hi I recently applied for a passport and i happen to not sign in the signature box so I had to refill out an application. While I was filling out the application for the second time, the signature I used for my witness was on the first copy. I was in a rush so i jus scribbled a signature for my witness and submitted the application. I know it was stupid but the passport agency has called me and now I am said that I could be subject to forgery charges. I am not sure what to do can anyone help me???
yes you can be charged the
yes you can be charged the passport office thought i did also to my sons application but i never did my sons father had to go in person and sign again the third time cause he lives in a different city then the passport office i applied at and there was a mistake on my sins there fore we had to have it sighned again so we had to meet in toronto and they didnt think i would be back in a few hours but i was and they gave us a really hard time
holy
Have you ever heard of punctuation? Where the heck did you go to school?
I need some advice....
So around 20 years ago my husband was 24 and needed a vehicle to take beer to a camp...he test drove a car, drove the beer to camp and when he came back because he was gone for so long, the car dealer had reported the car stolen....the car dealer dropped the charges but the cops didn't enter that into their system....so between then and 2007 my husband had two passports and a CSIS clearance done with no problems...in 2007 he went to get a criminal background check done in Ontario and found out there was a warrant for his arrest....we got a lawyer, the judge laughed the charge out of court and now he had the failure to come to court charge on his record from 20 years ago.... it is now 2011, we are in the process of getting him a pardon but have a trip to Disney World set for May....we believe the pardon will be here before then, it will be tight but are hoping....our lawyer is working on the pardon.....we have also applied for a passport this week for him....I wonder if the passport will be denied and also if we do get the passport and the pardon isn't fully done will he have trouble crossing...we actually fly out of Buffalo....Any advice?
fled canada
My friend got a dui charge in canada but before he got convicted he fled to europe. How long does it stay on our record? can he come back after a certain amount of years?
He likely got convicted in
He likely got convicted in absentia. It's likely on his record until he gets a pardon, depending on what he was sentenced to. He can always come back (assuming he's a Canadian citizen), but the government may have a different idea of where his first stop will be than he does.
Wondering
I was wondering if I would be able to get a passport, then travel to the US for a vacation without getting a pardon.
I have a criminal record(s):
1. - my first was 30+ yrs ago - a possession charge
2. - second - Impaired charge - 20 yrs ago
3. - third - Impaired charge - 10 yrs ago.
Does a person have to get a pardon to apply for a passport?
Will I be able to cross the Canadian/US border without a pardon?
Also I am a registered treaty indian.
hello :(
Hello, Im 22 years old and i have stolen something from zellerz in september20,2007, so i got charged from zellers around 500$ but i didnt get ticket from police..now i applied for citizenship, all my family got the letter for the citizenship test except me!
i want to know i cant be Canadian citizenship?
what should i do?
it's around 4 years that i got charge from zellers , should i get pardon?
WHAT SHOULD I DO TO GET MY CITIZENSHIP?
If you get fine from the
If you get fine from the store they didnt press charges on you if they didn't call police you don't have any records
re: citizenship
Chances are that when when a security check was run on your name it came back with a hit. they will contact you for additional information or a request for finger prints. This will cause a delay in your file. But not worry it will not affect your efforts to get a canadian citizenship
quick question....
Hi, was wondering my bf was charged with dommestic assult. He was placed on probation, but there is no travel restriction. And he is classified low risk??? could we go to maui for a week vaction???
Theft under 5000 resctrictions WANT TO GO FLORIDA
My family and I want to go to Florida in June. Me and my son have passports. My husbands charge is from 7 years ago. The charge was theft 5000 under. He is in the process of getting a pardon. If it is not recieved by the time we go in June, what are the chances of going? and what can we expect at the airport, leaving from Buffalo. Some advice please.
in the US his charge is theft
in the US his charge is theft over $200, if the US checks, he may be allowed in on humanitarian basis for a one shot deal, after that you pay $585 for application to be allowed entry in the future, you need fingerprints done as well as a criminal search, this can take up to 1 year. FYI application for US admission may be denied, money not refunded, if approved it will only be good for 1 to 5 years depending on "higher up" decisions. You will also require an I94 waiver each time you travel. I hope this helps!
URGENT.. CAN I TRAVEL OVERSEAS IF I HAVE A THEFT CHARGE?
I just got caught for theft under 5000 at superstore YESTERDAY and I was told that I will have to appear in court and papers will be sent to me along with a fine or somthing. BUT I am leaving to HONG KONG in a week and from hongkong I will also be going to GUAM shortly after which is technically the U.S.
WILL I NOT BE ABLE TO CROSS THE BORDER? Or can someone tell me what will happen!?
Help
Hi, my bf was charged with parapanelia in the states and had a court date and paid a fine then that was it, the judge was really nice and said "you look like a nice guy, and I want you to come back here and spend your money" "talk to the lady at the desk and we'll see what we can do so you can come back here" . I can't remember if we asked or not. We we phone the court clerk and ask her if he can get into the states?, phone the border control and ask them?, get a waiver, or just try and go??? Do you need a waiver everytime you go and how much are they? He had no previous US or Canadian charges before this stupid charge lol.
Question
My boyfriend and i would like too go to florida he has a schedule 1 offence can we still go.
answer
Do you both have passports already? My husband had a theft charge under 5000, and me and my son want to go to disney, unfortunately, we are going by ourselves and not taking the risk, of any problems at the airport in Florida. If they ask you if you have a criminal record you have to be honest when you are there, so say yes, and then they will determine whether or not they will let you in to the country, unless you get lucky and they don't aski. Sometimes they just look at your passport and do not ask the "criminal question". If they choose not to let you in, your screwed....and getting a pardon can take up to 8 months.
my boy friend was charged
My b friend was charged for a domestic dispute, im not sure as to if the chrages are pending still he is out on parole and good behavior with no travel retrictions so in other words i was wondering if he could fly over the states??? we are plannin a family trip to go to jamaca??? And i cant get ahold of anyone to tell me anything
jamaica "No Problem"
they mean that literally!! just don't bother "seeing the sights", there aren't any worth going to
Yes, you can go on a trip to
Yes, you can go on a trip to Jamaica. You have your passports right? If charges are pending, and you have no travel restrictions, you can go on your trip.
criminal record and leaving country
Going to Romania and have a sex offence record how can I tell if interpol wants me or not before I leave?
can sexual assault charge bar a canadian from travelling abroad?
similar to your situation. what's been your experience in regard to travel?
Sex Charge
Hope not you piece of shit
hahaha
hahaha
passport in canada on probation?
Hello, I was wondering if it were possible to get a passport to travel if the travel is work related? And if someone on probation could even get a passport.
Thanks
Impaired charge
I had an impaired charge when I was 17, more than 20 years ago, but have never applied for a pardon or a passport. I want to go to Hawaii and need to know if I need to get a pardon before I get my passport?
where do you live, if it's
where do you live, if it's outside the U.S I doubt it since you were a minor by American law. if you're in the states then you need neither
criminal record
I have a criminal record for theft 21 years ago, its my only offence and I never got a pardon. I applied for a passport and I just got it. Now when I travel to the states will my criminal record be an issue? Even though I have a passport? Thanks for any help you can provide
Passports are only refused in
Passports are only refused in Canada for past crimes related to passport forgery, once you paid your debt to society you can get one, however that has nothing to do with if another country will let you in or not.
If you get a pardon before anyone at US customs flags you, then they wont be able to access your RCMP file, so its as if it never happened from their point of view , only the Canadian attorney general can look
Once your flagged by the US then you are on their FBI computer and a pardon wont work, you have to go thru their processes
Technically US dont recognize pardons by the crown on their own merit, but they cant see your record once pardoned and therefore do anything , unless you admit to it....
Best thing to do is , get a pardon before crossing again, then go get yourself a criminal records check (again) and make sure its not on your file anymore, if you can't see it, Mr Customs can't either
Agree!
And remember that once you cross that border and you don't have a pardon. Your in there (USA/FBI) system indefinitely! Meaning forever! And Ever since Harper made it his mission to make life even more difficult for ex-offenders. I have to wait 10 years to apply for a pardon. For 4 years I have been looking forward to being able to apply for a pardon on my 5th year, I now have to wait 6 more years to do that... That's mean for me I won't be able to see my family on the other side of the border for another seven if not more!!!
It's stupid how one person can ruin it for the rest of us!!
Just be sure to double-check:
Just be sure to double-check: the wait times for a pardon may have only changed for new offenses, and not for existing ones. At least this was the case for the changes in accelerated parole: it only applied to new convicts, not existing ones already in the system.
Passports are only refused in
Passports are only refused in Canada for past crimes related to passport forgery, once you paid your debt to society you can get one, however that has nothing to do with if another country will let you in or not.
If you get a pardon before anyone at US customs flags you, then they wont be able to access your RCMP file, so its as if it never happened from their point of view , only the Canadian attorney general can look
Once your flagged by the US then you are on their FBI computer and a pardon wont work, you have to go thru their processes
Technically US dont recognize pardons by the crown on their own merit, but they cant see your record once pardoned and therefore do anything , unless you admit to it....
Best thing to do is , get a pardon before crossing again, then go get yourself a criminal records check (again) and make sure its not on your file anymore, if you can't see it, Mr Customs can't either
you need to apply for a US
you need to apply for a US waiver... cost approx 350.00
this is what i just read on the travel site
yes
yes
Hello, i have a question, i
Hello, i have a question, i was crossing the USA with a transit visa, i decided to apply for political asylum, the charge me for from as i didn't have a usa visa, that happen since 2000, no i am in Canada, they did my fingerprint and give me all my paperwork to fill, now i am applying for Permanent resident in canada, can the charge in USA affect my permanent resident status in Canada?
I lived in the States for
I lived in the States for 7years I had work permit nothing else, I decided to com to Canada file for refugee claim whichis denied. I want to return to the States without proper paper. directly to the border myself. I've learn people do that by sniking I will drive not snik. wha's like to happen to me in this case?
Question
I travelled to the US from Toronto, I was stopped and fingerprinted on site and was escorted back to the canadian side and sent home. Since then I received my Canadian Pardon a few weeks ago. So my question is can i now travel to the US knowing they fingerprinted me, but i do have my pardon.
Mistake i made was going through Niagra Falls Border crossing should have gone through the other side going to buffalo.
Comments and updates would assist me please.
Thanks
i've been charged "theft"
I'm from Canada and I'm wondering if I'm still allowed to travel in the US? or if not how long am I suppose to wait until I'm allowed to travel.
thanks so much !
You can not travel to the
You can not travel to the united states unless you have a pardon. Which can take upt o 6 to eight months. Do not risk it.
You can only apply for a pardon 5 to 7 years after the charge. Your rfirst step is to go to your local police department and tell them you would like to have paperwork for a pardon. It costs 40 dollars. The police department will tell you what you need to do, you will get fingerprinted again, and at the end it wall cost $80.00 . It is then sent away and then you have to wait 6-8 months to receive your pardon.
pardons v entry waivers
Pardons mean absolutely nothing to the US authorities. You could still be arrested. You need to contact the US Border Patrol where you wish entry and request an entry waiver and pay a fee. CANADIAN PARDONS ARE NOT RECOGNIZED BY THE US.
Pardons take nearly 2 years
Pardons take nearly 2 years from start to finish and about 300 dollars all told
am i illegal right now?
hey, i was checked into US border but when i returned to canada, they didnt even touch my passport, am i in trouble?
Nope, it's totally up to
Nope, it's totally up to their discretion whether they want to log your entry/exits or not. It's mostly security theatre anyway.
jaytreaty law
Hi i am wondering if anyone has went to the u.s using jaytreaty law.It is where if you have a criminal record you can cross the u.s border as an north american indian as long as you provide a quantum letter signed by your chief.stating you have 50 or more % of indian blood,along with a indian status card and your canandianpassport.They cannot deny you access as they would if you were american?
Entering USA under Jay Treaty
Interesting!
I've found more information on this here: http://www.consular.canada.usembassy.gov/first_nations_canada.asp
Note that it identifies specific purposes for entry into the US, namely "employment, study, retirement, investing, and/or immigration. " I'm not sure what happens if you don't fall into these purposes, eg: travelling?
I can't seem to find anything regarding what happens if you're otherwise somehow ineligible for entry, but looking around the web, it seems like they can't refuse you if your documents are in order.
I'd call the Port of Entry you plan on crossing through and seeing what they would like.
out standing warrants
What is the diffeence between a radious warrant and a canada wide warrant?
40 Years Ago
Hi I didn't find any questions with that kind of time span!
Busted 40 yrs ago for possession for the purpose (grass) and did 3 months
No computers back then. Will It still come up on a record check and or security check.
I have be hauled in and processed crossing to the US and not flagged, hence the question.
Thanks for perspective.
40 Years Ago
Hi I didn't find any questions with that kind of time span!
Busted 40 yrs ago for possession for the purpose (grass) and did 3 months
No computers back then. Will It still come up on a record check and or security check.
I have be hauled in and processed crossing to the US and not flagged, hence the question.
Thanks for perspective.
HELP ASAP...Never Ever been charged just have fingers due to 911
Hello All Expert,
I am Citizen of Canada. I got job offer in finacial instituion. They wanted to go for security clearance. I have fingerprints in police due to 911. As my ex told to police that I wanted to kill her but that was not true. My kids were minor and they told same thing as my ex. After 3 months, we went to court and she took me back home as my lawyer told me everything was widrawn but had some charges in 2007. I never ever been jail and never been charged for anything.
Now finacial instition couldn't get intial secuirty and I had ot go for fingerprints 3rd week of Nov,2010 and still waiting for results. Financial institution can wait untill I will not get secuirty clearance. PLEASE HELP ME WHAT WILL BE HAPPEN IN THIS CASE????????????????? Will I get secuirty clearance???????????? Please email me at [email protected] or ping me on messenger. Because I am very-2 tense as I have quit my current job as I had to join that company end of Nov,2010.
THANKS A LOT IN ADVANCE...
committed a crime in the US
In 2003 I was in US and was convicted for sexual harrasment and was in jail for a week and had a court hearing.However, I fled US and there was warrant against me.It happened in 2003.I am again planning to go to the US / Canada for my higher studies. Pls let me know whether I will be able to go to USA / Canada or not.Pls reply.
Not a chance! Is your name
Not a chance! Is your name Roman Polanski?
Arrested for Noise
I am willing to ask I was recently arrested for noise complaint by people on my building. The security guard called the police and when the police came I already had reduced the volume. May be they wanted me shut this off because it was mid night. I had a brief argument that there was not much noise because I myself seen out side in the hall way; I could not hear much. He was most likely pissed off and arrested me and took me to the police station and kept locked me there for 1 hour and said we would let you go when you calm down on my explanation that I have claustrophobia, hight blood pressure and arthritis problem. The guy who released me asked me to behave and see my doctor. I asked whether there would be any record for this because I may have to corss US border in regards to work. He said 'no record for this' and gave me an envlope in which they put my necklace and health card and escorted me out. When I opened the envlope I seen ticket for over hundered dollars with my driver's liecence number on that. A week after this incident; I went to US and the agent did not ask me whether I was arrested and let me go asking couple questions e.g. where you are going, shopping which store ..... etc. After coming back I read a lot of info over the internet regarding US border crossing, immigration. I want to know when I there again, or apply for work visa or even immigration. Will I be in trouble? What should I answer if they say; have you ever been arrested before even if this does not have a record. I felt this whole arresting thing was unfair to me but I am scared to go to US because they seem to me very terrible when they question...seems to me that they are trying to criminalize some one. Anyone can suggest me what should I do!? or What trouble will I run in to if I go to US?
You shouldn't have a problem
You shouldn't have a problem at the border for a noise violation ticket - it is kind of like a parking ticket. You should get over your denial though - if your neighbours reported you it 1. isn't the first time you have disturbed them late at night and 2. you are being really noisy. No one wants to listen to your music except you. Get an ipod or headphones and stop being the a**hole disturbing your neighbours late at night.
This is probably the best
This is probably the best answer and advice I've seen at this site in years.
criminal record
Hi I am planning to go on a family cruise this feb/march and would be flying into florida, nj or San Diego from Toronto. We are a group of 12 and 1 of our traveler has a assault charge from 15+years ago and 1 has an assault charge from 5+ years ago. Just wondering if they would be able to fly there and take the cruise? Any help would be appreciated! Also is there a number we can call to find out this information? Thanks
We have a family cruise
We have a family cruise booked for Jan 15/2011. Our children are flying in from Canada to board cruise ship in Miami. One of the children has been charged with criminal charges which will not go to Canadian courts until Jan 25/2011. Will this child be able to enter the states in Jan to go on this cruise. Thanks
FYI: I've removed your last
FYI: I've removed your last name from the comment.
He would be obligated to declare his arrest at the border. It really depends on what it was for to determine whether it will hold him from entering or not, but I think (though I am not a lawyer), technically, completely inadmissable since he has been charged. Of course, the border officials do have discretion in terms of who can actually cross. Unfortunately, his declaration could be permanently stored on the US side, and still there, even if found completely innocent, so it could cause him trouble even on future US visits.
It should be noted that he may have a restriction on leaving Canada.
Finally, assuming things were actually okay on the leaving Canada and entering USA fronts, it's possible for him to have problems going into ports if he decides to leave the ship, but this depends on which islands the ship docks at.
Talk to a lawyer!!!
apply for a US waiver... just
apply for a US waiver... just google it , you can apply online
cost is around 350.00
Help asap
Hey my friend is trying to come with a few of us to newyork, but she doesn't have a canadian citizenship , i think she is a permanent resident, since she was born in holland she has a dutch passport. Is she able to come with us to Newyork, if so does she have to fill up any applications or show any documentations? HELPP
criminal record
please help..i want to travel to boston next summer for a concert.my problem is that i have a few charges here in n.b...i have 3 b&e charges from back in 94..i have a possession of stolen property charge from 96 and i also have 3 impaired charges,the last one being in 05...can i still get a passport without a pardon?
American living in Canada
I am planning my 1st trip back to the States this spring.
I am an American citizen but am a landed Immigrant living in Canada for most of my life. I had a Canadian criminal record for which I applied for and received a pardon some years ago. My concern is that I applied for an American Passport a year before I actually received my pardon and so I am wondering if the US database would show that I had that record. I get conflicting answers about whether I can truthfully state when I cross over that I do not have a record. I am not sure what the point was to get a pardon if I still need to declare the record to the border or if I have to get a travel waiver.
I am not concerned about getting back home to Canada - only the going part. As I am an American Citizen, I am wondering whether I will be allowed entry anyway?
My family is totally unaware that I had a record and I am happy that I have the pardon - but the last thing I want is to get stopped at the airport in front of my family with my bags packed and trip booked and be turned away.
I am very nervous to go, but increasingly my family wants to travel and vacation in the States. I am hoping someone out there can assure me that I would be OK to travel. I plan to bring a copy of my pardon with me. My understanding is that the computer database will not show a record in Canada - but how would I find out whether it shows up in the American one. I have never tried to go to the States in all the years since I have lived in Canad so there would be no actual record of my crossing the border with a record....only the passport application may have triggered a notation on my file..
Can anyone help me?
Thanks
Going to the US, US Citizen, Pardoned Canadian Criminal Record
I'm totally not a lawyer, not your lawyer, and therefore this souldn't be taken to be legal advice.
If you are a US citizen, I don't think they can deny you entry. They could arrest you if you had some unfinished legal business, send you to secondary screening, etc., but they shouldn't be able to completely deny you.
The concern is if they checked out CPIC when you applied for your US Passport and copied the info over. I have no idea if you're able to check this or not now, but I'd imagine you should be possible somehow under FOIA or some other mechanism.
Assuming you were a US Citizen at the time of arrest/conviction, the information may have been sent by the Canadian courts to the US government right then and there.
Certainly, if it's not in their system now, and if you answered "No" to any of their "Do you have a criminal record?" question, nothing should show up to disagree with you in CPIC if they checked (since you have a pardon). Get a copy of your record through the RCMP to make sure it's now clean (it can show more than just convictions).
Just remember when you enter the USA, you should be declaring that you're a US Citizen even if you've acquired citizenship elsewhere. Technically, you should be entering with a US Passport too. I'm not sure if they're even allowed to check CPIC in this circumstance, since you technically wouldn't be a Canadian citizen in their eyes, and I would hope they can't arbitrarily check, but residency may be reason enough, contact the RCMP or CBSA to get an answer on this one. Technically, as a US citizen, you were supposed to be filing US Tax returns every year, and if you're male, signed up for the draft. These are usually not problems, but obstacles to watch out for.
My boyfriend (who lives in
My boyfriend (who lives in the United States) has a criminal record and has done his time and is paying for the damages now...but when he tried to come over Canada where i live he was refused entry at the border and was turned away...and the other thing is that i have an assault charge dating back to the late 80's it is my one and only charge...now will that interfer with me getting a passport to go and see him in the States. We also want to get married and i don't know where to start to get the ball rolling with being able to do that ?????
He will probably need to get
He will probably need to get some type of waiver/visa in advance to visit Canada again. You should have no difficulties getting a passport, but that doesn't mean you can travel freely with it, it just proves that you're a Canadian citizen. You're probably eligible for a pardon, start doing your research now, it can take months. Other options include getting a waiver of inadmissibility, but then that record/history is with US Customs forever.
Your Boyfriend will need to
Your Boyfriend will need to apply to The Canadian High Commission for a pardon. My husband and i are from the uk and my husband needed to do this. After he got the pardon we have had no problems.
wondering if I can get a passport
I had some charges in the past( assault and then helping someone escape from jail).....I have never spent any time in jail myself and have been good since....Just wondering now if I can get a passport.....I could apply for a pardon, enough time has past
You should have no trouble
You should have no trouble getting a passport, but a passport doesn't mean you can travel freely, the convictions will probably still be on your record. If you're eligible, get the pardon. I'm looking to write a guide on getting cheaply and effectively by doing it yourself, interested?
travel to the USA with a record ?
Hello, I have an assult charge from a bar fight, about 8 years ago, and want to go to vegas next week for a couple of days is this possible ? Or am I going to have grief at the boarder ?
Security issues
We went today to apply for a Canadian passport for my wife and one month old daughter. The offices at the passport office told us that there a security tag on my wife file and we have to contact Ottawa to find out what it is. Also they put stop on my daughter applications (she born in Canada month ago). Officer told us that he cannot see what is the problem and we have to contact Ottawa. I have sent fax to them and no responce. We have no charges or criminal recors and never had. Anyone know what this can be??? Help appriciated.
Did you register the birth??
Did you register the birth?? The Hospital would have registered the Birth, but if you haven't and tried to leave the country with an unregistered baby it could cause issues.
Security Tag on Passport Application?
You'll just need to contact Passport Canada directly and ask them what's up. I can't say I've ever heard of this happening before. Please report back with what happened so we can help other people caught in the same situation.
grand theft-auto
i committed with grand theft-auto 12 years and i was wondering if i could still get a passport.. i know i cant go to the u.s but i am wondering if i could get a passport with some restrictions.
Getting the passport should
Getting the passport should be no problem. You may be eligible for a pardon for your conviction record. It's up to each country in question whether they want to let you in or not.
Canadian Visa
Hi there
I met someone in Amman, Jordan. He would like to get a Visa to come to Canada. He says the process in Jordan is very long. Is there something I can do from Canada to help him get his Visa Faster.. What is usually the time frame and how would I be able to help him
Thank you
I bounced a check in florida
I bounced a check in florida for $300. I picked up the check 5 years ago but the warrant for it is still active. It is a non extradition warrant and I have been pulled over many times by police who simply say "Did you know there is a warrant out of florida for you". I tell them yes and why and they have never given me a hard time about it and let me go on my way.
MY QUESTION IS: Any bounced check over $300 in Florida is a felony. So its a felony warrant. Will this keep me from entering Canada ? I want to drive up to Alaska.
Thanks for any help.
probably not a felony
usually if you have a felony warrent you will be arrested on the spot wherever you are. if it is a "bench" warrent then they would be able to see it, but since it's a county issue then most law enforcement will overlook it..good chance it will appear when you cross the border
hi i just had a question! if
hi
i just had a question! if u are a canadian citizen can you travel to another country for one year and return into canada!!!!
Traveling out of Country
According to my parents who travel to the U.S. for the winter, you can only stay up to 6 months in their country. This also relates to health insurance coverage since after 6 months, the Canadian insurance runs out and you would have to pay full price for U.S. health care and you are not compensated in anyway when you return to Canada.
Each country is probably different on how long you can be there, so I would contact the Consolate of the country that you want to go to, or contact the Government in Ottawa, Ontario and see if they have any information.
I hope this helps.
need help
bonjour! je suis harley un congolais de brazzaville mais actuellement refugee en afrique du sud je desire avoir une personne qui pourrait me soutenir pour un voyage au canada. veuillez accapter m'a demande d'aide
HELP!!!! My Fiance and I want to travel
Hello,
My fiance and I wold like to Travel to the states he was chaged with shoplifitng when he was 17 put on probation although failed to appear and has a warrant for his arrest, he is now 18 almost 19. will this affect us traveling can he get a passport and or go to the states???EVER???
PLEASE HELP ME!!!!
answer
If he has a failure to appear, and warrant for his arrest. You will be aboe to get your passport, but youe boyfreind will not be issude a passport, if there is an active warrant for his arrest. If he goes to an airport or border control and there is an active warrant for his arrest, he will be arresst and sent back to canada. You will not be able to travel anywhere, unless you start applying for a Pardon..which can take anywhere to 6 to 8 months to get.
assault (267-b)
Charged with assault causing bodily, in Toronto Ontario I am going through the court procedures now, I was wondering if it is ok to cross the border to the USA from Ontario, where I live without any problems, even though how I have not been found guilty as of yet, would it be better to wait out the results of the courts, I also have to renew my passport before it expires is there going to be a problem , this is my first offence?
You may very well have travel
You may very well have travel restrictions right now while your case is pending. What is your citizenship? Probably best to wait, but ask your lawyer for details.
Canadian Visa
i'm not a US citizen and i want to visit Canada, but i have an arrest warrant
issued for me in the US. would that affect me in anyway entering Canada?
my name has changed after i got married though.
the warrant is with my old name.
need help asap!
hi me and my bf recently jus booked a trip to go to europe. he got his passport at the begininng of sept and we figured there were no issues with travelling. now we are hearing from people saying he may not be able to leave the country or get into germany!
im so confused on wht to do his charge was a criminal offence and he was charged with a one year suspension which was last august till this august 27. do u think we will be ok?
Arrest Warrant in USA
I have an arrest warrant issued for me in the USA three years ago for insurance fraud,
after i left the country
i want to go to Canada for vacation.
i'm not a US citizen. i do need a visa to enter Canada.
would that warrant affect me in any way?
gotta find out
Ok so i have 3 posses for the purpose of trafficking charges , i moved from one province to another can i still get arrested for them here i guess it would be for a failure to appear x3 ? im not too sure and with thoes charges and warrents can i cross into the states or am i pretty well hooped for goin there again?
3 possession for trafficing and you leave town.
Yes they will go across the provincial border to get you. If you skipped court date there is probably a Canada wide warrant out for your arrest. Get a lawyer and call the cops on Monday. Get everything taken care of. Best to deal with this now and get it over with.
Talk to a lawyer!
Talk to a lawyer!
I live In canada. Was
I live In canada. Was crossing the border. There was half a joint in the back seat somewhere and was stopped at the border. I have an American record now. Will this show up on my canadian criminal record check? And can it prevent me from getting a job?
theft under 5000
i would like to know that 2 yrs back i was arrested for shoplifting but i was refered to community work and i have finished that course so there was no criminal record under my name. The court dismissed my charge but my question is if i want to get a criminal record check now then will that be showing in my certificate or not? will I be get a clean criminal record check certificate?
fingerprints
hi, do they check records by fingerprints when entering Canada for vacaction?
Fingerprinting while Entering Canada
Not typically, but they could if they wanted to in order to check records.
5 counts of theft under $5000
Hi everybody - the title says it all, but my question is Ive been travelling by vehicle and air to the U.S. from Canada a 10+ times with no problems. Im planning a trip Internationally for the winter but ran into some of the comments posted above since I don't have a passport. Am I going to have problems obtaining an International VISA (Republic of Tanzania)?
Charges, not convictions
I was charged with some summary offences. It was basically something that blew out of proportion and did not need to escalate to the point it did.
Now I have a trip planned for 9 days to the US. There are no travel restrictions that were put on my release papers.
Will I be deemed ineligible for entry into the US by Air because I have charges against me?
criminal record check
Hi I have an assault charge on my record from 17 years ago. Will it show up on a criminal record check?
I think it depends on how old
I think it depends on how old you were when you commmitted the offence. 17 or younger I think it dissapears? 18 or over it would be on there.
criminal arrest order in US
i'm from Oman, there is an arrest order issued for my name in a US county for insurance fraud case, would i be able to travel to Canada with no problems?
the case is not fedral and the warrant was issued after i left the US so i wasn't fingerprinted or mogshot, US border have my fingrtprints though from my entery to US.
u.s. pardon?
my boyfriend is a canadian citizen who lived and worked in the states for a year. during that time he was arrested for speeding and a small amount of pot was found in his car. he was moving back to canada the next day so he never went to his court date. as far as we know there could still be a warrant out for his arrest . we are wanting to go on holiday but the flight would go through the states. do we need a u.s. pardon? a u.s. waiver? any insight would be appreciated.
Help please
hey guys Im madly in love with this girl from canada and I am wanting to visit her for a week or so I have gotten like Driving without a license ticket twice and umm a speeding ticket ya ya Im a bad driver..and I did face a weekend in jail for it twice what do i need to do to get into canada? will they show up on my record? they have all been over 3 yrs.. please help
hey
these are just traffic bylaws i had like 3 or 4 unpaid tickets and driving with a license and was able to get into the states so i dont think you will have a problem at all getting in. "get your license"
Travelling to the US with an arrest record
I was at a friends house visiting last week when their house got raided by the cops, for me it was a case of being in the wrong place at the wrong time...everyone, including myself was zap strapped and told they were under arrest for possession with the intent of trafficking. Only the residents of the house and a few people were taken down to the police station. Myself and a few others were sent home after having our rights read and getting strip searched.
My question is this: if I wasn't taken to the station to get fingerprinted, formally charged and a court date set, do I actually have an arrest record, or was it just police procedure for them to arrest everyone in the house according to the search warrant? Also, if I want to cross the border into the US, will anything show up and possibly prevent me entry?
travelling to the U S A witharrest record
first you have to be charged fingered printed and a court date set and then found guilty to the charge before you would have a record.
were you issued a promise to appear citation...you must have or you would not have been released...the promise to appear is in order to set a court date to enter a plea.
also you can not be stip searched unless you have been taken into custody.
you usually have 30 days before your promise to appear is do,during that time you would have to appear at your local police station to be fingered printed.
you should have a matter before the court in which case leaving the country could bring you added problems....like evading capture or prosecution....not reconmmended.
hi
hello, a few years back, i was caught stealing from a store and the police took all of my information but i was never charged for anything. I was wondering if i could get a passport and go into the us? Thank you!
Post new comment