Travelling with a criminal record

[VC15]

A buddy of mine was convicted for a DUI 1.5 years ago. Does anyone know if he will experience any trouble crossing the border?

[Ryu69]

from my knowledge, if you have a criminal record, you cannot enter the united states. not 100% sure on this but i think this is the case.

[mystical2003]

Technically not supposed to. But I know people with DUI that go over once a month about and have never been stopped.

[cwb27]

There was a thread on this way back a while ago.

Generally speaking people with a DUI alone can still get into the US with out much of a problem.

Now, if your friend is a Foreign National trying to come into Canada having a DUI conviction then that's a whole other ball game.

[ott_wrench]

they gotta get their duty free booze somehow

- kidding

[eelfliw]

Although US immigration laws don't welcome Canadians with criminal record, this law isn't always enforced at the border. Especially with a relatively minor conviction. This is up to the discretion of the immigration official at the border.

Also, if your friend gets into legal trouble south of the border, his criminal record can be used against him to press further charges if the authority decides to. So if he gets pulled over for speeding by US cop, and a quick check reveals that he has a criminal record, then the cop can also charge him for illegal entry. This means a simple speeding ticket can turn into a felony charge (could be misdemeanor too, this depends on the state).

Also, when your friend crosses the border, the US immigration can request his info to be sent from Canada into the US computer system and it will stay there forever. This info may contain his criminal record. And, if, later your friends gets a pardon from the Government of Canada for DUI, although Canadian police won't find out that he has had a criminal record (due to the pardon), the Americans will still have his criminal record. It's very messy.

[ipoptags]

Although US immigration laws don't welcome Canadians with criminal record, this law isn't always enforced at the border. Especially with a relatively minor conviction. This is up to the discretion of the immigration official at the border.

Also, if your friend gets into legal trouble south of the border, his criminal record can be used against him to press further charges if the authority decides to. So if he gets pulled over for speeding by US cop, and a quick check reveals that he has a criminal record, then the cop can also charge him for illegal entry. This means a simple speeding ticket can turn into a felony charge (could be misdemeanor too, this depends on the state).

Also, when your friend crosses the border, the US immigration can request his info to be sent from Canada into the US computer system and it will stay there forever. This info may contain his criminal record. And, if, later your friends gets a pardon from the Government of Canada for DUI, although Canadian police won't find out that he has had a criminal record (due to the pardon), the Americans will still have his criminal record. It's very messy.

funny how you can get charged for illegal entry when their own people at the borders are the ones letting you in

[cwb27]

Although US immigration laws don't welcome Canadians with criminal record, this law isn't always enforced at the border. Especially with a relatively minor conviction. This is up to the discretion of the immigration official at the border.

Also, if your friend gets into legal trouble south of the border, his criminal record can be used against him to press further charges if the authority decides to. So if he gets pulled over for speeding by US cop, and a quick check reveals that he has a criminal record, then the cop can also charge him for illegal entry. This means a simple speeding ticket can turn into a felony charge (could be misdemeanor too, this depends on the state).

Also, when your friend crosses the border, the US immigration can request his info to be sent from Canada into the US computer system and it will stay there forever. This info may contain his criminal record. And, if, later your friends gets a pardon from the Government of Canada for DUI, although Canadian police won't find out that he has had a criminal record (due to the pardon), the Americans will still have his criminal record. It's very messy.


Kinda curious where you're getting this illegal entry bit from? Do you have a source?

[Spidey]

of all the criminal records to have DUI is the lowest.

I got one when i was 18 and has dogged me since then.

I can still get into the states, yes, but if they ask if you have a criminal record and you say no they can tell that you have one

Opening a day home or day care. My wife did this and I had to get a criminal record check becaue of it.

My recent job in the interview they asked and I had to say yed. They at least let me explain. Had to bring in all the forms, etc same as the day care. But didnt have to get a criminal record check

Not sure of over seas though

Im thinking of getting pardoned, but it costs a lot of money (at least the places I looked)

[eelfliw]

Kinda curious where you're getting this illegal entry bit from? Do you have a source?

I don't have time to search US immigration laws. But you can start from the RCMP web site --> http://www.rcmp-grc.gc.ca/crimrec/finger2_e.htm (see section 9 near bottom of page). It's about applying for an US waiver for criminal record. Without a waiver, if you travel to the US and get caught, and they see that you have a criminal record in the RCMP database, the penalties are rather severe.

[eelfliw]

Not sure of over seas though

Im thinking of getting pardoned, but it costs a lot of money (at least the places I looked)
As far as I know, US is the only country that can check the RCMP database quickly (the computers are linked). I'm sure other countries can as well. But it'll take days because there's no direct link up. This is what I've heard, anyways, so don't quote me on this. But a buddy of mine with an assault charge was able to travel to Australia without any problems.

He later applied for pardon. I had helped him with the forms etc. and it wasn't hard at all. You don't need lawyer for this. You can just follow instructions and fill in forms. The whole process took about a year. Cost wise, it wasn't that bad. He had to get finger printed and send those prints to various police forces to get cleared and then send the whole thing in to National Parole Board. Total cost was less than $500 if you do it yourself. But just keep in mind that this doesn't mean the criminal charge is dropped or cleared. It just means that it's pardoned and filed away somewhere else so police force can't access it without ministerial permit. If foreign governments still have your criminal record, they can refuse to honor NPB's pardon.

[cwb27]

I don't have time to search US immigration laws. But you can start from the RCMP web site --> http://www.rcmp-grc.gc.ca/crimrec/finger2_e.htm (see section 9 near bottom of page). It's about applying for an US waiver for criminal record. Without a waiver, if you travel to the US and get caught, and they see that you have a criminal record in the RCMP database, the penalties are rather severe.

I am well aware of the RCMP's ability to enforce IRPA and the Customs Act, however, this is unique to the RCMP (OPP, QPP, RNC, etc... have no jurisdiction unless a specific MOU exists).

My doubts come from the fact that if you are 'caught' in the US with a criminal record and no waiver by Sheriff Joe Blow of the Tiny Town USA police force, chances are they have no jurisdiction to do anything about it. (note that I am not talking about a US federal law enforcement agent)

[eelfliw]

My doubts come from the fact that if you are 'caught' in the US with a criminal record and no waiver by Sheriff Joe Blow of the Tiny Town USA police force, chances are they have no jurisdiction to do anything about it. (note that I am not talking about a US federal law enforcement agent)
I'm pretty sure the local sheriff wouldn't care either. But if they're irritated enough, US immigration officers is a phone call away. If I had a criminal record, I wouldn't want to leave it to chance that I wouldn't be caught or the officer would let this go.

[Keelie]

a friend of mine had one and had no problem going into the states... but i know another person who lives in the states, and they will not let him come into canada with one.

its worth it to get it taken off your record, which my one friend did because he travels all over.

[GangStarr]

You cannot be refused entry into the united states based on a DUI. You can however be refused entry into Canada if you were convicted of a DUI in the states, mainly because there so much more lax about DUI's over there. Especially in small towns.

It says so on customs.gov. There was a thread about this a while back.

[jolok]

what is DUI ?

[TapemanPL]

what is DUI ?

Driving under the influence

[batman321123]

Sweet, I hate people who drink and drive :evil:

/mini rant

Back on topic folks :)

[meliti]

You cannot be refused entry into the united states based on a DUI. You can however be refused entry into Canada if you were convicted of a DUI in the states, mainly because there so much more lax about DUI's over there. Especially in small towns.

It says so on customs.gov. There was a thread about this a while back.

Passport and visa fraud is a federal offense punishable by up to 10 years in prison and a fine of $250,000. If the offense is connected to narcotics trafficking, the prison sentence is increased to up to 15 years, and 20 years if connected to international terrorism. http://www.state.gov/m/ds/investigat/

The following visitors will NOT qualify for the Visa Waiver Program and MUST apply for a visa:

* Persons who have ever been arrested or convicted of any offence (excepting certain fixed penalty driving offences that did not result in a conviction). Note: The Rehabilitation of Offenders Act (http://backgroundsearch.com/backgroundcheckForum/General-Immigration-Topics/Tourist-entry-into-the-USA-with-a-criminal-record.html) does not apply in respect of US immigration law - if you have ever been arrested or convicted of any offence, no matter how long ago it was, you must apply for a visa before travelling to the US.

* Persons who have ever overstayed in the US, been refused entry or not complied with the rules of the visa under which they were present in the US

* Persons who have certain serious communicable diseases or condition.

[Nikita]

I don't have time to search US immigration laws. But you can start from the RCMP web site --> http://www.rcmp-grc.gc.ca/crimrec/finger2_e.htm (see section 9 near bottom of page). It's about applying for an US waiver for criminal record. Without a waiver, if you travel to the US and get caught, and they see that you have a criminal record in the RCMP database, the penalties are rather severe.

You can't get just a waiver though. You have to get a pardon first. The purpose of section 9 is to release the pardoned record FOR a U.S. waiver. Just wanted to clarify that, as there seems to be some confusion about pardon vs. waiver.

As for the rest of your post aboaut getting caught and severe penalties, you still haven't provided a source or any information at all about that. The only thing that I've ever seen done is denial of entry. So what 'sever penalties' are you talking about and where are you getting your info....certainly not from the link you've provided.

[Ebola]

You cannot be refused entry into the united states based on a DUI. You can however be refused entry into Canada if you were convicted of a DUI in the states, mainly because there so much more lax about DUI's over there. Especially in small towns.

It says so on customs.gov. There was a thread about this a while back.

For lack of a more tactful term : wrong.

-You can be refused entry to the US for any reason US CBP wants. As a Canadian citizen you have no right to be admitted.

-There are select offences for: which you MAY be granted admission into the US without a waiver. The US uses a handy standard about "moral turpitude" to classify absolute inadmissibility or exclusion worthy crimes.

-That being said GangStarr, you are correct in saying that a DUI is not commonly viewed as a crime of moral turpitude, so it is not normally used as a determinate of inadmissability.

-Now if you lie about having no convictions and they run your name and find out, well clearly you are asking for it.

Among other things Homeland Security can then:

*Arrest you
*Confiscate Your Vehicle
*Deport you (if you are a repeat attempter)
*Detain you
*Fine you
*Refuse you entry

And if it's determined you were complicit in knowing about your friends status but didn't say anything, then you get charged with harbouring an illegal alien.

-The 1 and 5 year waivers are expensive and time consuming processes, and runs at least $500.

[Kclark]

For lack of a more tactful term : wrong.

-You can be refused entry to the US for any reason US CBP wants. As a Canadian citizen you have no right to be admitted.

-There are select offences for: which you MAY be granted admission into the US without a waiver. The US uses a handy standard about "moral turpitude" to classify absolute inadmissibility or exclusion worthy crimes.

-That being said GangStarr, you are correct in saying that a DUI is not commonly viewed as a crime of moral turpitude, so it is not normally used as a determinate of inadmissability.

-Now if you lie about having no convictions and they run your name and find out, well clearly you are asking for it.

Among other things Homeland Security can then:

*Arrest you
*Confiscate Your Vehicle
*Deport you (if you are a repeat attempter)
*Detain you
*Fine you
*Refuse you entry

And if it's determined you were complicit in knowing about your friends status but didn't say anything, then you get charged with harbouring an illegal alien.

-The 1 and 5 year waivers are expensive and time consuming processes, and runs at least $500.

Is this fact??

[Ebola]

You cannot be refused entry into the united states based on a DUI. You can however be refused entry into Canada if you were convicted of a DUI in the states, mainly because there so much more lax about DUI's over there. Especially in small towns.

It says so on customs.gov. There was a thread about this a while back.

DUI equates to impaired driving or 80+mg/over under our CCC, which is a dual procedure offence in Canada, and under IRPA regs, if it can be prosecuted by way of indictment, its considered indictable, which makes foreign nationals (read US) inadmissible under A36(2) of IRPA for criminality.

[raymondly]

You cannot be refused entry into the united states based on a DUI. You can however be refused entry into Canada if you were convicted of a DUI in the states, mainly because there so much more lax about DUI's over there. Especially in small towns.

It says so on customs.gov. There was a thread about this a while back.

You can be refused entry into the United States for NO reason.
In the US DUI isn't under the criminal code, in Canada it is. Unless the border guards dig, when the details of the person comes up on the 'puter, it says criminal which could equal no entry.
http://www.pardons.org/
Gets "rid" of the record and not searchable (if that is a word) so in effect, is invisible to any searches.