Yup. It was serious enough, even though he is/was covered under the YOA (now know as the YCJA).
I believe that the US border guys have access to arrest records so it'll draw a flag whether you've been convicted or not, unless you clear it.
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Traveling to US with a criminal record?
- Thread starter jeffjones
- Start date
Yup. It was serious enough, even though he is/was covered under the YOA (now know as the YCJA).
I believe that the US border guys have access to arrest records so it'll draw a flag whether you've been convicted or not, unless you clear it.
That's incorrect as far as inter-government agreements go. US police and immigration officials have access to CPIC, and if your arrest/conviction information is in CPIC regardless of age at your time of information entry, they have access to it. Even an arrest without conviction can bar you from US entry.
What is correct is that a single minor non-drug offence committed while you are under 18 is considered to be a youthful indiscretion that may be forgiven. As long as the minor offence was committed when you were under 18, and as long as it has been at least 5 years since the date of conviction for the offence, and as long as you have kept your nose clean since, you will be considered admissible.
They'll usually "forgive" one conviction for a minor charge.
You have two convictions, including at least one drug charge. You're going to have a hell of a time trying to get a waiver.
You could also set your plans back a few years.
As Turbo notes, you have two strikes against you. Why go for three?
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Talking to your MP is pointless. You're trying to get into ANOTHER country. Our MPs have virtually no influence and absolutely no authority when it comes to determining who is eligible to enter the US.
I had my nice ex wife file false charges in our custody battle for our son and even though they were both settled down to keep the peace to both of us and would be cleared after 12 months the border knows everytime i cross. Never been turned back but have been sent to the office a few times to clarify what happened and I tell the same story everytime and they let me in.
I would not suggest gambling and either get legal advice or feel out the boss about being honest about your past. If you are that important to your company in this meeting they may help you to help them.
I would not suggest gambling and either get legal advice or feel out the boss about being honest about your past. If you are that important to your company in this meeting they may help you to help them.
It actually depends on what you're arrested for. Arrests under medical act will not be denied as far as I know.
But they might be able to help me out with my pardon as they guarenteed me I was to get a pardon Aug /09 then in July /10 they said because of a $300 fine 11 years ago Im not eligible and have to wait another 3 years before I can apply again.
blackcamaro
Well-known member
A pardon doesn't mean you will be allowed in the the states. You need clearance from the U.S. government nothing from the Canadian side is a sure thing, like mentioned before call a lawyer who is deals with this kind of thing.
"If you have ever been refused entry at the U.S. border because of your criminal record, it means that the U.S. authorities have retained a copy of your criminal record. Unfortunately, U.S. Immigration does not recognize a subsequent Canada Pardon. The U.S. government will never erase or seal such records. Consequently, you will require a U.S. Entry Waiver.
If U.S. Immigration officials have never accessed your criminal record using the Canadian Police Information Centre (CPIC), and you obtain a Canada Pardon, that will remove your criminal record information from CPIC . This means that the U.S. will not have access to this information." Pardons Canada
A pardon will remove your conviction record, but not your arrest record. That's a separate process, and one that the arresting police department can refuse at their discretion. If the arrest record remains in police records, US immigration authorities have a nice little breadcrumb to begin following even if you manage to get a pardon.
The US border agents can still ask you if you have ever been arrested or convicted of a criminal offence, or if you have even just been in trouble with the police. Receiving a Canadian pardon does not mean that you can now say "no" to that kind of question. If they do ask that question at the border and you say "no", and they have information to the contrary that you are not aware of, you will be subject to an immediate 5-year ban on entry to the US for lying at the border.
How does that work? Got a link?
+1 on having to apply to the arresting police dept. to have arrest record/prints/mugshots destroyed.
They'll also run it by the RCMP to see if they agree with the destruction or not.
It's a simple manner of filling the forms and paying the fee.
When I applied for my Nexus card, I didn't take any chances. I was asked if I had been arrested and what for. Came clean on both questions. It didn't matter to them. Their only concern are crimes of "moral turpitude" - a crime that shows dishonesty or lack of moral character.
Crimes of moral turpitude, AND drug offences involving more than 30 grams.
suprPHREAK
Well-known member
Even McDonald's asks "have you ever been convicted of a criminal offense for which a pardon has not been granted?"
The OP pointed out, that it will be a lot of money spent that would be wasted on an experiment. Not to mention the pie in the face the company would suffer by having to cancel what sounds to be a very lucrative meeting.
rmemedic
Well-known member
According to that with my charge I should be able to cross.
Wonder if since it was so soon after (less than 3 years) that I got turned around...
Turbo is right, I forgot to add DRUG CHARGES.
When I was at my Nexus interview though they seemed more concerned about smugglers (read:tax evaders) and job stealers. The US CBP officer went nuts on the guy next to me (the interview area was just a long counter like @ the bank so you can hear everything) because he was working in the US without the proper permits.
Not meaning to rub salt in the wound but it could be read that not paying the fine was a sign of you not being repentant.
When's the last time you went to the USA since the "Indiscretions". Pre or post passport era?
The good old days when a Canadian drivers licence and no accent got you "Enjoy your stay".
rmemedic
Well-known member
Mine don't involve drugs. In fact, I've never even had a single toke in my life. All I am interested in is going to Nashville to see a songwriter friend of mine, and make it to a few motocross and NASCAR races. Oh, and I want to ride the dragon of course.
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