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.
trying to get a canadian pass port
I was hauled into court in 2007 for charges for fraud under 5000 then i was supposed to go back in april of 2008 and i never did, up until then there was nothing on my criminal record and i was wondering if i will be able to get a pass port so i can travel to cuba, also i was wondering if there will be anything on my record becuase i never showed up and was never charged with anything, there might be a warrent i am not sure will any of this stop me from getting a pass port
as stated, you probably have
as stated, you probably have an arrest warrant. You wouldn't be required to go to court if you haven't been charged. It is quite possible that attempting to cross a border will result in your arrest.
Passport
Sounds like you could use a good lawyer!
If you didn't go back to
If you didn't go back to court in 2008 you will DEFINITELY have a warrant. You will get into Cuba but you will be stopped coming back into Canada.
obtained a canadian passport with a record
I was charged and convicted of many serious drug offences , assaults, threats. I spent 2 years in jail . 2 weeks ago i applied for my passport and today i recieved it with no problems in the mail. Keeping in mind iam also still on probation. They will issue a passport to anyone , as long as the court did not previosly impose a conditon to not hold a valid passport. I love my shiny new passport issued by the very same goverment that convicted me. The problem is not getting a passport ..its getting into the country you plan to travel.
what do you think?
hey, im trying to get my fiancee on a trip to mexico, he has a criminal record for stupid minor things like disturbing the peace, public intox, blah blah, hes also currently on probation and needs a passport, and if u didnt have a proble i dont think he will but a few years ago he tried to go to detroit for the auto show and the us border people turned him back do you think that will come up when applying for a passport
it shouldnt matter if its a
it shouldnt matter if its a direct flight to mexico
" 2007 for charges for fraud
" 2007 for charges for fraud under" +"...and was never charged..."
you are contradicting yourself.. if you got charged and didn't show up for court, there is a bench-warrant for your arrest, you get pulled over, your getting arrested. Secondly, you will absolutely not be able to get your passport. You shouldn't be thinking of sipping Mojito's under the sun, you should be thinking of how your going to clear up those charges bud..
Passport Canada, PLEASE HELP -- NEED INSIGHT!
I had been charged in October of 2008 with trafficking and possession with the intent of trafficking. I wanted to visit some family back home and Passport Canada gave me a REALLY hard time, even though I had not been convicted. So after begging and talking to numerous people they agreed to issue me a 6 month passport that expired on the 28th of december (2009). Now here's the catch:
When the lady agreed to issue me the passport I signed a paper stating that I would return the passport when I came back from my trip. Its been 5 months now and I still haven't returned it. I have wanted to return it but I had some domestic dispute with my family here and wasn't able to access my home to get my passport up until recently. What are the consequences of breaching an agreement with passport agency? I still have my passport and have not used it for any purpose other than the travelling they are aware of (they can check the visa stamps). How serious is this offence and what are these consequences? PLEASE HELP AND I THANK YOU ALL IN ADVANCE FOR YOUR TIME. ALL THE BEST IN THE UPCOMING NEW YEAR!
P.S The trafficking charge had been completely withdrawn and I received a conditional discharge for the possession.
DOING YOUR OWN PARDONS?
Hello,
Does anyone know where I can get the paperwork to apply for a Canadian Pardon? What is the website? In an earlier post someone mentioned that there is a place that will send you a package so you can fingerprint yourself? I do not want to go to an organization as it will cost 700 plus dollars.
I have been charged (a long time ago) did community service, with a bench warrant, and credit card obtained by crime. I tried to cross the border and they stopped me.
-Website with information
-Steps to apply, rough estimate of costs
- Anything else?
YOUR OWN PARDON
You can if you want but the USA now has you on thier records forever so a trip there may never happenn it sucks but its there rules not ours
Just go to your local RCMP or
Just go to your local RCMP or Police detachment they will have a booklet to give you detailing all the steps and including all the forms you need it cost me about 100 bucks to do it all
finger printing
Go to the commissionaires...around 75 buck and your fingerprints are digitally sent to the rcmp....
Pardon application
If you google the National Parole Board you should find all the information you need for receiving the "do it yourself" pardon package. Good luck!
Can my son get a passport?
My son has been named as the father of a child which is not his and has been ordered to pay child support. Can he still get a passport and travel to the states?
They have revoked his drivers and firearms lisence.
What kind of ID would he need to get a passport if he can still travel out of Canada??
I doubt he'd be able to get
I doubt he'd be able to get it. The agencies in Canada that enforce child support obligations have the authority to also put a hold on someone's passport. So even if someone already has a passport, it would show up when he tried to cross the border and he would be stopped.
I would suggest instead of trying to run from it, he get a dna test to prove he's not the father and go back to court to have the court ordered CS payments stopped.
Where can I travel?
I have a class e feloney possesion charge in the US but I am a canadian citizen. I was wondering where and what countries alow you to travel to with this recor? Also can I still get my passport?
us entry
Back in 1996 I got pulled into customs at the Detroit/Windsor boarder. They took pics and prints and held me for like 4 hours and sent me back to Canada. I have numerous chargers of drugs, weapons, and assaults. They said to me the only reason they would not let me in was because of the drug convictions. I just received a pardon from the Canadian Government and now I have to get a waiver to cross into the States. This is fact because I'm going through all the headaches now.
I would suggest this , you
I would suggest this , you have a pardon , get a name change , and then get an enhanced drivers licence , then try again , the pardon removes your criminal record from CPIC,when you apply for a name change they will ask" do you have a criminal record for witch you recied a pardon" your answer is "no". In other words your new name will reflect a clean criminal record, when you go to the border and show your id the border guard will check you new name and find NOTHING and let u in.
I know this from experience
I had 10 criminal charges for b and e
assault with a weapon
waiver needed?
I am flying into the USA I have been pardoned...do I need a waiver?
I really don't wish to change my name.
Will they ask me if I have a record and if they do will it show up?
US Waiver
If you have a Canadian Pardon it is NOT recognized by the United States. You will require a US Waiver card in order to enter/leave the United States each & every time you plan to travel to/from the US. You can apply for one yourself directly from the US border crossing terminal at the airport you will be departing from. Just remember though that it will probably take up to 8-10 months in order to process. It is simply a "luck of the draw" if they decide to deny you entry into the states. With all the changes to the legislation & current conditions it is strictly the passenger's burden to prove that they are of no risk to enter the US. The waiver card will run you somewhere around $545.00 if you do it yourself, otherwise there are several reputable companies that will do the paperwork, etc. for you for a nominal fee. The card, depending on your offenses, will have to be renewed every 1-5 years. I would contact the US border crossing (at the airport) for information on what documents you will need to travel. You can contact an US immigartion officer or immigration lawyer to determine how serious your criminal record is (was) & if you really do need a waiver card. I know that for someone with say, an impaired driving record they are not considered a threat to enter as would be someone with a assault or murder charge. Once again, a Canadian Pardon is NOT recognized by the United States and, if you want to make sure that you will not be denied entry you would have to check out wether you would require the waiver card or not.
US Waiver
Actually you don't need the waiver IF prior to your pardon you have not entered the USA. The only way the USA will know of your record is if you have travelled there in previous years and were flagged. Once the pardon is issued all records are removed from CPIC and the USA border authorities will not be able to access your record any longer. The waiver is only needed if you had been to the USA prior to your pardon and they were already aware of your record.
get citizenship
i m on pr card and worry about my financial crime which had done in gulf.and now i m looking to apply for canadian passport. is any body know is there will be problem for me.
go home
we dont need any more criminals
US to Canada
i currently am going through the court process in the US for an Assault 4. no other charges as of right now, i had other stuff from when i was a little hellian, thats all done with[but not exsponged].
once across the canadian border..stealth ops style. will i be able to get a passport, work permit, etc..while still having my case open [and maybe even a warrant] for the assault? would i have to wait a period of time to do so? or would it not happen at all? i have read numerous sites and havent really found what im looking for. ive read theyre more concerned with the more serious crimes, so im not sure how 'serious' theyd take an Assault 4. [its at the bottom of the totem pole for those who dont know]
also, does Canada have something similar to the US's social security number? like a number to i guess 'track' someone, make them eligible for work, that sorta thing. i see you need a work permit for working in Canada, but what about the citizens there? do you need a number or whatever when you fill out a work application?
two more Q's: once across to Canada..would my record show up there if i were to get stopped by the police or Canada's equivilent to federal agents? if i happen to get into trouble up there could i be deported to the US?..as my case would still be open.
it would be GREAT if someone could reply soon.
just send me your name
ill be happy to help you go home we dont need any more criminals
Yes we have a number similar
Yes we have a number similar to the social security # - it's called a social insurnace number.
As for deportation - it happens all the time.
What info do they check??/
My Question is what information does the passport office check. I have a freind who wants to know if they check your marital status? Your tax claims in the past? Can they link a marriage if you state you are single and are indeed married. She filled out a passport and put single even though she is married. Will she get caught?
Also we got married in vegas
Also we got married in vegas 2 yrs ago but i never mailed in the license opps, will this effect it, am i not married? I know this isn't the right forum for this but thought i would ask anyways lol thanks
Passports and Marriage
I don't think they check for tax claims. They may very well check for registered marital records and wonder why your friend lied.
Travel To England
I was charged and went to court. finished up with that with No criminal record here (only a charge showing) lawyer said that even tho no record in Canada the type of charge it was still mad me have a criminal record in the USA. nowi have not tried to travel anywhere but wondering if anyone has had something similar happen... i would love to go to England to visit family.. any way i can go about doing this?
looking for insight
:)
DUI CHARGE
I RECENTLY WAS CONVICTED FOR A DUI LAST CHARGE MONTH.I HAVE MY PR CARD, I HAD APPLIED FOR MY CANADIAN CITIZENSHIP 1 YEAR AGO AND STILL WAITING FOR IMMIGRATION RULLING. DOES ANYONE KNOW IF THIS WILL BE A PROBLEM.
go home
we dont need any more criminals
Crim record in Canada and travelling Cuba & elsewhere
I have a fairly serious crim record in Canada and have had no problems travelling to Cuba and the Netherlands with it.
Been refused entry to the US and England.
Wondering about India, Bali and Thailand now....?
Canadain traveling to the USA, can i enter with a DUI (12yrs ago
I wanna Travel to the USA for a vacation, but i am worried that they will deny me due to the fact i have a DUI charge, 12 years ago, Does anyone know if they will let me in or not? i went to the CBP.gov, website, and it says i should be fine but it's not a up to date website. does anyone know?? if so please post. (any useful website can help)
Alternative Measures Program
I completed the Alternative Measures Program January 2009 for a minor shoplifting charge November 2008. Do I need to apply for anything in order to enter into the US? Also, do I have a criminal record? I'm not really sure what happens when you've completed the program.
Thanks so much
Getting arrest info online.
I committed several fraud/theft under charges 10+ years ago, in another province (in another lifetime). I want to clean up the mess I left behind, but I need to do it without jeopardizing my current life and career. Can I find my criminal record on-line somewhere, or do I have to go to an RCMP station? Getting a pardon requires the police talking to my current employer and people who didn't know me in the bad old days, right? I want to get a passport, but not at the risk of losing my job, especially if a passport won't get me across the border anyway. Any suggestions?
Arrest info
If you have a history that you want to leave there ..then get a pardon. You do not need to let your employer, or anyone for that matter, know you are doing it. If you can follow directions, go to the local parole office and ask for a pardon application kit. Follow the instructions exactly and you can get a pardon. If you have only 1 jurisdiction to deal with the cost is usually under 200.00. Hope this helps
You can get a canadian
You can get a canadian pardon for your criminal charges and your employer will not know about it and u can get criminal info at most police stations or RCMP but not online
I know from experience
reply
I worked for the Federal Government and had the same questions as you. The only reason the passport office would contact your work is to confirm your work info. For a pardon the RCMP has to be notified as well as your local police dept.re your previous record. I used an agency to get my pardon for a minor indescretion from the past and it was a total RIP OFF at $750CND PLUS $300U.S. You can get applications for a Canadian Pardon on line and do it yourself, it comes in the mail with a fingerprint kit. You still have to apply to the court where you were convicted to get your record info. and pay American Immigration the $300U.S. This info is all in the application. Good Luck
Can you travel abroad with a Warrant for a Summary offence?
I have a warrant for my arrest in Alberta for a Summary conviction (possession of stolen property under $5000). I had a court case that was missed as my lawyer withdrew from the case 3 years ago. The original arrest was 6 years ago.. If I apply for a Canadian Passport and attempt to leave Canada OR re-enter Canada, will I be detained/arrested and sent back to Alberta? I now live in Quebec. I know that Provincial warrants can't be exerised in other provinces and the likelyhood of extradition to Alberta, even by the RCMP is too costly.. am I wrong?
Same sit.
hey, I am in the same situation. but I now live in nova scotia. and was up for fraud under 5000, by the company i used to work for. I am looking to get my passport and am asking the same questions.. I called the crown att. in calgary and asked them these questions and was told by her that it was far to costly to return me back to alberta for the charge I was up against. and that I could travel and get a passport with my warrant. BUT that traveling to the usa would be risky. Now thats with my warrent only being Alberta wide and not canada Wide. I hope I helped a bit.
Travelling from USA to Canada
My friend is looking to come from NY to Canada. He has a passport, but was arrested years ago for possesion. He was never convicted, but wont lie if they ask him if he was ever in trouble with the law before. Not sure how they word it, but know they ask something along those lines at customs. Does anyone know anything about this and if he will be able to come to visit in Canada?
reply
I was told by U.S. immigration if I was asked about criminal convictions to state that I had a minor infraction and didn`t have to state the nature of the conviction (it was possession)...but don`t lie and say you have nothing. If their was no conviction there shouldn`t be a record.
I don't think they even ask
I don't think they even ask the question, it's your responsibility to state your record. Having said that, the question (I would imagine) asked is whether you've been convicted of a crime of which you have not received a pardon. There's a chance that some kind of record appears, but I don't think it would result in a denial. YMMV, I'm not your lawyer, call customs to ask to be sure before you or your friend goes.
Canadian travelling to Cuba with Criminal record
Hello Guys.
This is the first time if my life to be in this situation. i just lost my appeal for a crime God knows i truly did not commit. How does this new life ordeal prevent me from traveling to China or Cuba (I am mentally exhausted and tired, i just need a break). This horrible life changes separates me and my long time gf now in China , trying to come back. Please help guys because i am sad almost every day. I just need to be happy again for Christ sake!
Even with a pardon, you need
Even with a pardon, you need a waiver to travel to the U.S.........if you are in their system.
I really want to travel to chile
but i seem to have a issue , was wondering if having a criminal record will i be able to fly to vina del mar chile , crimes include nothing violent , mostly property damage thefts under 5000, break and enter only one of them , will i be refuse entry into santiago chile , and how long does it reall take to aquire a passport , will i need a passport for entry in chile, i heard some countries dont require one
Pending DUI Charge
I was recently charged with a DUI in July and have my first court appearance at the beginning of September. Two days later I am supposed to be heading on a trip to Mexico. I was wondering if I will have any issues entering Mexico.
DUI
I am also in the same position. It would be really helpful if anyone had any further detail. Thanks.
Best to contact the Mexican
Best to contact the Mexican embassy on that one. However, their actual policies may differ from what they say from the embassy. Are there any restrictions on you leaving Canada? That could be an issue too.
outstanding warrant and applying for a passport
I have a old outstanding bench warrant in BC, and now live in Ontario. From Ontario they will not return on the warrant as it is provincial only. I want to apply for a passport to travel to Mexico. When Passport Canada goes through the background process during the application. will they contact the local authorities to try and serve the warrant? Or will they simply deny my application? Will they refund my money?
I dont even think you need a
I dont even think you need a passport to travel to mexico.I also have the same prblems in ontario and have been planning to visit mexico.Just talk to your travel agent make sure its a direct flight.no tops in the us those goofs will proable bring you back to ontario.And make sure you only need a drivers license and a birthcertificate and you should be all good.Cant wait to go myself and bake in the sun during this shitty canadian winter.
getting a passport with a criminal record.
i have a crminal record with theft's n i didn't pay all the fines can i still get a passport? n i have been fined 4 drivin without a license. and fined n didn't pay all the fines off from that. can i still get a passport?
Questions about my future...
I am a Canadian that was living in the U.S. as a permanent resident. I got a DUI, was charged with a restraining order and then crossed back into Canada. So, currently I have those charges and failure to appear on all of the above. My wife and I ultimately got back together after I had cleaned myself up. She and our daughters moved to Canada to put our family back together. As I look ahead to the future and setting things right I am wondering a couple of things:
If I turned myself in would they allow me to do so or would they immediately take my greencard at the border?
If I faced all my charges would I be able to cross the border after that to take the kids to Disneyland, go to Hawaii, etc.?
Does it at all look favorable for me to turn myself in when it's not my country of origin and technically don't have to?
Can I apply for a pardon if I wait for seven years when the charges were never faced?
CANADA VISA
I got a 1 yr visa to Usa then things happened and I still lived there ilegally for more 7mos. Now, I'm trying to get a Canada Visa. Will canadians system know that I lived in states ilegally? May will it be a problem for me? Can I get a clean criminal record check from usa?
thnk u
go home
we dont need any more criminals
PASSPORT
If you are a Canadian citizen, no matter if you have a past or present criminal record, you can apply and receive a Canadian passport. If you have outstanding fines, you will be arrested at the Canadian border because the fine is on record and a warrant has been declared in your name. As for traveling to the USA with a pardon, you will enter the USA if you do not submit your criminal past. When a USA custom agent asks "have you ever been charged with a crime?" Say NO. If you admit to a past crime, then its off to secondary screening where either 1. You will be finger printed, photographed and denied entry to USA for up to 7 years. Or you could be arrested and held in detention, all your possesions on you confiscated and criminal charges laid against you.
Though I will say that I'm
Though I will say that I'm not exactly sure if a warrant is always declared if you have outstanding fines.
Getting Across the Border
I have a Large criminal record in canada but one day soon i would like to travel to my birth place in the USA... what would i need to get acroos the border anytime soon? Is it even possible to go home is really my question and also is there still Duel Citizenship for the US and Canada?
Born in the USA!!!
Except for extremely unusual circumstances, if you're born in the USA (even if on vacation), you are a US citizen. You did remember to sign up for the draft and file US Tax returns, right?
Just stuff youself in the
Just stuff youself in the trunk of lets say you sugar daddys car and hope for the best.Thats what i did seattle boarder crossing is the best way to go good luck let me know how u made out
US passport?
I am a Canadian citizen and Ive been charged with theft under recently and am still going through the court process...i wanted to renew my US passport though, since i was born there. Will i be rejected??
Travelling to the US
About 10 years ago I was charge with sexual assult. I got 1 year probation. I recently filled and received my passport with no hassle. I am wanting to fly to Las Vegas but am not sure if I will be allowed. Do you know if there is any chance of me being allowed in. Thanks
french / usa record
I'm french citizen, I leave in france, I have a criminal record in the usa, can I go to the canada ?
be life you
i be life you do can visit canada a longers you don't have any criminal record here so for make sure check the goverment of canada
stay in france
we dont need any more criminals
ya just slap the customs
ya just slap the customs officer a few time in the face that should get you in
criminal record, passport, and us entry
charged with shoplifting 15 years ago, under $20 haven't applied for pardon...believe i require in this order, pardon, us waiver and passport. would like this to be as hassle free as possible. what happens at border/customs when you have a waiver, how much attention does a traveller receive?
My understanding is that if
My understanding is that if you get a pardon, then it is for the most part as if you never had a criminal record, but don't take my word on it, get some real legal advice on it. If you do enter the USA while you have a criminal record and before you get a pardon, they'll store that fact, and it won't be erased even if after you get a pardon. A waiver is if you want to enter while you still do have a criminal record. Sorry, no idea on how much "attention" a traveller might get, perhaps someone else can answer that?
It doesn't make any
It doesn't make any difference if you have a pardon or not. Pardon is only applicable in Canada. At the border, depending on the charge; they might let you in or not but if you get arrested in the US for let's say a speed violation. They might arrest you and start the procedure for deportation. Andthis might take forever. It's quiet unfortunate but it is like that.
not so fast there with the fake facts buddy
actually you are wrong, A canadian with a criminal record can file for a pardon, and providing they get one they will be able to cross into America. This situation gets more complicated if you were charged with a crime say, for illegally transporting something/one across the boarder. The fact is it will remain and be seen however the pardon speaks volumes to the fact that the crown believes you are not going to violate the law. Some pardons do come with rules and regulations your best-off to find a pardons lawyer/paralegal and get to work.Consults are often free.
Unless you are living illegally in the US deportation isn't even a consideration. Why would you be deported??? You'd be sent to the nearest boarder crossing held by customs a fine, possibly or bail would be set and you'd be free and thats only if you commit a crime. However, in AMERICA if you so much as get a parking ticket and don't pay you can have a warrant issued for you in the case that it lapses and you will be held on your next crossing until the fine is paid. Once you have been allowed in to the US you will not be further scrutinized unless you commit a crime. You are a Canadian travelling, yes with a criminal record, but also with a PARDON, you would be wise to keep a copy on you and the original in a safe place while travelling. You could even get a notary to notarize you a copy of your pardon to prove it is a true copy!!!
You can Cross the American Border !!!!
Alright Guys ,
So I have a criminal record with 3 different Charges 2 Fraud under 5,000 and Obstruct the Justice of a Peace officer !
I have a Canadian passport and I have been to America many times , I've had NO Trouble at the Border , I was always Driving !
I have been told if your flying they give you a hard time if you have Criminal Background ! Also I have a few friends with Criminal records and they made it across the border just fine ( Driving ) with no Problems !
The facts are : If you get a mean Officer and you get called into there office , They'll make you wait for 1 hour or more , They will run a criminal check on you , and They will get all your info ! ( Don't lie to them about anything )
The officer will call you inside his office to speak with you and ask you about your charges , simply say it was a mistake from the past and your a changed person now ! ( speak to him with remorse ) He will decide to let you in America or Turn you back to Canada !
Your chances are 50/50
(At the worst )
If he's an asshole then He can take your Finger Prints , Mug Shot and put a Restriction on you That you are never to to Enter USA for 5 to 7 years !
( he'll give you some paper work saying that )
If you have Rape charges , Theft or Fraud over 10,000 , Gun Charges, Trafficking Charges , exporting or importing charges of any kind , Murder Charges , Manslaughter , Weapon Charges ,
Theese are considered to be very serious Stuff , Your chances are 96% into making it into America !
This does not mean that it's permanent , You can still appeal it , ( it would take time and Money )
But eventually if you have less than 3 charges you'll be able to go to America with a Waiver
Everything I've said here is from Life experiences , No Hear say , Just cold Facts !
Traveling to US no CDN Record but a Small US Possession Charge
I tried to cross the border last summer got screened when trying to cross. They found a small amount of Weed Crumbs in my purse and I got charged with a Small Possession Charge and denyed Entry. I plead Guilty so I wouldn't have to go to Court and could go back to Canada however when crossing back into Canada the US Border Guards mentioned not being able to come back to the USA ever. Is this true? And how or what would I do to get back into the USA? I have no other convictions or Crimes and my Canadian Record is Clean. Any help is appreciated. Thanks
Pardons & the USA
Even without a Canadian pardon I went back and forth to the USA. I now have a Canadian pardon and it doesn't change anything about the border crossing as the USA doesn't recognize a Canadian pardon. I applied on line for a Nexus card. One of the specific questions was "do you have a criminal record for which you have not received a pardon in your country of origin". My answer was no and I proceeded with the application and paid the $50 fee.
When I went to the interview presumably to be registered and granted the card they turned me down because I have a criminal record -- because they don't recognize Canadian Pardons and won't issue a Nexus pass to ANYONE with a criminal record. With no appeal and they kept my $50.
The application on line should indicate that if you have any kind of criminal record, save your $50 and don't bother applying.
If you cross the border and
If you cross the border and you have a criminal record it will be found in the CPIC records of the RCMP(US border guards have access to this). It will then be entered into the American database....permanently. Even if you obtain a Canadian pardon afterwards your record will remain in the American database. If you did not cross the border and instead waited to obtain a Canadian pardon, your record would not show on your next crossing. If you have criminal record, do not cross the border until you have obtained a pardon.
I was at the police station
I was at the police station yesterday and you are right. Once you are "red flagged" at the border you are in their system forever.....unless you get a waiver, that's done through Homeland Security
DUI in Nova Scotia
Does the Nova Scotia DUI conviction of 20 years ago, when I was a University student. follow me for life? I have searched the Nova Scotia Court databases but they come up empty. I paid the fine, and was restricted from driving for six months in that Province, but it did not restrict my driver's license - which was issued by another Province - from driving in any other Province. I have entered the USA many times since, and it has never arisen. Is it necessary to declare that conviction when applying for a Canadian Passport?
I think the big issue
I think the big issue nowadays with people that had criminal records before and are getting passports now is that criminal records will be more easily viewed/detected at border crossings. I'm not 100% sure on this, but it seems likely.
Well, before anyone can really answer your question, you should find out if the criminal record is still there. There are all sorts of reasons why it might not have stuck on. Probably best to get yourself a criminal record check (available at your local police station, at least in Ontario) to see what is or is not there and go by that. If it's still there, you should look into getting a pardon or such, and of course, declare it on your application.
Passport
I have a criminal record and I had no problem getting a passport. I only applied for one after my probation and community service. I have talk to my old probation officer and he said most countries don't care as long as you're going as a tourist. Most countries make you give them a criminal background check if you are intending to work in their country. For travel to the USA with a record you can get pre-authorization before you go. My probation officer said that if you're offences are drug related alot of countries won't let you in.
Thanks for sharing your
Thanks for sharing your info!
criminal record in states can I get a canadian passport
about 14 years ago..I go into some trouble in the states..was only a permanent resident of the states at that time. after all my court dates..I moved back to Ontario Canada.
I've crossed the border at least twice a month since with no problems..I gave up my permanent residence status when I moved back.. My two oldest children and their children still live in Michigan.my two youngest children and grandchild live over here.
Will I have a problem getting my passport?
If you fulfilled all of your
If you fulfilled all of your US obligations, I don't see a problem, but there's only one way to find out, fill out an application. Problems could arise if customs will now able to see your past history in case they weren't able to before, it's hard to say.
traveling
I know every case is different but I had a mischif charge that didn't stand and 2 theft under. I would like 2 go 2 LasVegas and a few other places. i have a passport but could they refuse me my flight at the time off traveling or refuse me at the boarder. Just like many others trying 2 avoid any embarrassment. Its been about 6 or 7 years.
passport
A friend got a DUI 6 yrs ago. Missed court for it and has warrant for their arrest. Any chance of getting a passport to go on a holiday outside Canada?
A
don't listen to him!
There is something called " the statute of limitations " and basically what it breaks down to is, after a certain amount of time the provincial / state government will no longer pursue "your friend" in regards to the matter.
Uhhhh, maybe not. Statutes
Uhhhh, maybe not. Statutes of Limitations apply to how long they have to charge you. It's possible they've already charged him, hauled him in (or tried him in absentia), and the warrant might still stand.
i doubt it will affect it
the warrent will still be active but i doubt it will hold up getting a passport
your freinds are idiot and
your freinds are idiot and no they wont
Without more information, I
Without more information, I couldn't really say. In fact, only Passport Canada can say for sure. But by the looks of it, it doesn't look like he/she would have much success. Time for him/her to lawyer up.
Passport on a criminal record
If someone lives in British Columbia and wants to visit the UK on holiday, who was was charged and convicted of assault 2 years ago. Will he be able to get a passport?
Getting a passport shouldn't
Getting a passport shouldn't be a problem, it could be delayed, but it should go through. Getting into the UK might be a problem, he/she should call the UK consulate/high commission/embassy for clarification on what might be required.
Passport criminal record
Will my criminal record be displayed in my Canadian Passport? I have a DUI conviction from 15 years ago - will that be a part of my passport document?
As far as I know, criminal
As far as I know, criminal records are NOT printed in the passport itself, but I am not sure to what degree foreign border/police/customs agencies can access this data. If it's been 15 years, can you not get a pardon of some sort? Sorry, I'm by no means an expert in this.
Check withthe consulate!!
My husband and myself are travelling to Mexico and he has lengthy criminal record,we also wondered about these things !!
what I have found out so far is,getting a passport is no problem,DO NOT TRY TO GO TO THE USA with a criminal record,if you are honest and tell them about your record they will check you out on CPIC and will forever more have you on file,even if you eventually get a pardon,they can still refuse you entry and they will still have your record on file
as far as mexico goes,no problem getting in,any other country you would be wise to check with that countries Consulate,easy to do and you YOU DO NOT have to give your name etc.
Happy Travelling!! :)
I just got a passport and i
I just got a passport and i have 2 possesion charges and MANY driving convictions...and a shoplifting charge. All in which I did 8 yrs ago when I was younger and carefree....but now i have a trip booked to cuba and im scared i wont be able to clear cubian customs? what if the plane has to make an emergency landing in the US?
See the link below re: Cuba,
See the link below re: Cuba, no guarantees though, but it sounds like it shouldn't be a problem. Re: USA landings, I think most emergency landings are shortly after takeoff, so the risk is low. I really don't even think any emergency landing would be a problem as long as you're willing to not leave the terminal, whenever someone is refused entry, they have to fly back out I believe, and that would be your plan anyway. The only issue I could see is if you have an outstanding warrant in the USA or something.
criminal warrent
i f i was charged for theft 4-5 years ago and now just found out that i have a warrent from unpaid fines in new bruswick .im now living in ontario and i want to go to cuba will i be able to get a passport? and will i be able to go? i went to the dominican two years ago but didnt need a a pssport to go and had no problems so will i be fine this time to?
Any Canadian citizen can get
Any Canadian citizen can get a canadian passport, no matter what charges someone had in the past. You will be refused departure from Canada and arrested if you have ANY outstanding fines. Thats the law. As for a criminal record, get a pardon and do not travel until you have the pardon.
Sounds like Cuba doesn't
Sounds like Cuba doesn't really care. Your mileage may vary though, no guarantees. As for getting a passport, read the above?
charged but not convicted
I was charged but not convicted 16yrs ago can a get a passport for travelling or do i have to get a pardon
You can get a passport, BUT,
You can get a passport, BUT, you must write the court or RCMP for the juristiction your court appearance was and ask for the record to be destroyed.
charged but not convicted
Lots of people are charged with lots of crimes. Many are not convicted. If you are not convicted you are not guilty. You can't get a pardon for something that you didn't do as far as the law is concerned.
Remember people: Charged does not mean guilty!!!!!!!!!!! A charge is nothing at all until a judge and or jury decides that you are guilty of a crime.
Don't worry, be happy.
Fines Relating
I have outstanding fines relating to one DUI and some traffic (including one prohibited driving offence). Would these fines if not paid affect me getting a passport and/or getting across the border to the US for day shopping and such?
If these are just fines and
If these are just fines and NOT criminal convictions/charges, then there should not be any problem. Keep in mind that you could be criminally charged but get a suspended sentence/probation and a fine.
if i got fined for possesion
if i got fined for possesion of marijuanna and fined for breaches will i still be able to get my passort and travel to the states?
Getting a passport shouldn't
Getting a passport shouldn't be a problem, but travelling to the USA would require some advance paperwork if you do have a criminal record.
Applying For A Passport
I have a warrent in Nova Scotia for assault but i moved and live in Ontario now, i want to get my passport for ID purposes, will i be able to at least get it, or will i just be throwing 80 bucks down the drain?
thanks in advance.
Since you've been charged
Since you've been charged with a crime, you would probably have a problem getting a passport (and possibly other government stuff).
Getting a passport for ID and not travel purposes is a waste of money. Better to just get a Citizenship card which doesn't expire, or get an Age of Majority card, which is the equivalent of a driver's license minus the privilege of driving.
HELP
hi i would like to go on a trip to puta cana with my family and i have to get a passport would i be okay going with an assult charge on my record? i have no drug of wepons charges does that make a difference?
help!!
I dunno, talk to a lawyer
I dunno, talk to a lawyer and see what the whole situation is? I'd do that before talking to the DR consulate first if I were you.
Passport, Waiver, Pardon
A friend was given a conditional sentence 11 years ago (drug related). She was fined, no jail time or probation. She had never gotten into any trouble since then. Would she still need a waiver and/or pardon to cross the border? What are her chances of getting a passport? Thanks!
My understanding is yes and
I would recommend getting a criminal record check and seeing what's there and 100% respectively.
On bail still able to travel?
Within the last 6 months i have beeen let on on bail for two charges and have not attended my court date set for july 2009 but i have travel booked for jan 30th in the usa would i still be able to go?
ON BAIL
HAHAHAHAHAHAHAHA PROBABLY NOT
all your "answers" are a
all your "answers" are a bunch of i dont knows... real helpful pal
Dunno, look up what kind of
Dunno, look up what kind of restrictions the US has, and any conditions you might have while on bail.
passports
Does anyone know if it is illegal to apply for a passport if you have a criiminal record?
Nope, and the article itself
Nope, and the article itself kind of explains a few reasons on why they may refuse to give you one. As for if you can travel into other countries, that's a whole other story.
How long before I can get a pardon
Two years ago I got into trouble and now have a criminal record, since than I have cleaned up my act 100%. Can I obtain a pardon or do I have to wait 7 years. I was hoping to go for a holiday in the U.S. and will need a passport.
7 years clean you can get a
7 years clean you can get a pardon working on it right now
Oy, talk to a lawyer on that
Oy, talk to a lawyer on that one. Having a criminal record doesn't 100% exclude you from going to the USA, but you need some kinda exemption before you go (if you can get it).
passport
so i got indited on trafficing charges will i be able ot obtain my passport if this was just last year??
and or can i get my duel citizenship for the U.K with a criminal record and a passport from there ?
The way i read it is as long
The way i read it is as long as you were NOT using a passport to cut up your cocaine.. You should be fine. :)
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