Criminal Record? Your two options for gaining entry to the US

Published by Truck News Magazine

So you want to be a trucker? You’ve thought about the long hours, the endless highways, the massive payloads and the fact that you are going to be your own boss on the open road.

Perhaps you’ve been to school and maybe you’ve learned to drive the rig and maybe now you’re just waiting patiently for your licence, truck, job, whatever.

Maybe you’ve even started wondering what routes to drive and perhaps you’ve decided that long trips down south are the way to get top dollar for your work.

But now there’s only one snag and it comes in the form of a criminal record because when you were a little younger and a bit less focused you might have smoked some weed or stolen a cassette or fought with someone in a bar one rowdy night.

It doesn’t matter what the record is and it doesn’t matter what the details may be (some exemptions do apply but don’t bet your career on them) because when you have a criminal record attached to your name the US does not want you coming anywhere near its border.

And that effectively ends any chance you have of driving the longhaul routes. So what do you do?

The first thing you need to know is that you do have options and they come in the form of Canadian and US government applications; two long lists of paperwork that can ultimately get you out on the road.

So what do you need to know about Canadian pardons and US entry waivers? Let’s discuss Canadian pardons first.We’ll call them ‘Option One.’

Option One: Canadian pardons

The first thing you need to know is that if you want to choose option one (and you want to choose option one) is that it is crucial that you have never been stopped at the border.

If this is the case then please, stay away from the border! I can’t stress this point enough because once you are stopped at the US border for a criminal record you are registered with the FBI for the rest of your life. And once that happens you can forget about option one.

Option one is really the best solution to your problem and it means you need to get your Canadian pardon. Do it yourself or have a professional do it for you.

If the record is affecting your career, then make the smart decision and get a professional to do it for you.

Lawyers aren’t necessary and are not your best option because they are rarely experts at pardons. Lawyers go to court, they do not process pardon applications.

Your best solution is a pardon centre that provides the service. Just make sure you choose a good one.

The Canadian pardon follows a program run by the Government of Canada, specifically the National Parole Board.

A successful pardon application will completely seal your record. At that point it is as if you were never charged with a crime. Employers cannot see your criminal record nor can the police.

And more importantly the US authorities cannot see your record any longer so it really is as if you were never arrested in the first place.

You can move on with things confident that you are no longer labeled a criminal.

But before you get too excited, here is the catch: US law does not recognize Canadian pardons. They say you are required to disclose your pardon and register your name with the FBI.

But if you don’t tell the FBI the FBI will not find out. So make your own decision about how to deal with your criminal record.

This article is just an explanation of how the systems actually work.

You may come across lawyers, police or other various officials who advise that you are required to disclose your pardon. This is nonsense, because a pardoned criminal record is sealed. It cannot be opened without written permission from the Solicitor General of Canada and that written permission does not come easy.

Of course if you have already been caught at the border then option one is no longer an option. And that brings us to option two.

Option Two: US entry waiver

If the US authorities already know about your criminal record or you simply want to be the most law-abiding citizen you can be, then your choice is option two, a US entry waiver. I strongly advise you to get a pardon but it will not make a difference at the border.

A waiver will override the restrictions imposed upon you due to your criminal record and allow you access to the US.

It is issued by the Department of Homeland Security, a higher authority than a border guard, so there should be no risk of being refused entry once the waiver is attained.

You should keep in mind that waiver applications take a considerable amount of time to complete so you want to get started early.

Nobody has any tricks up their sleeve when it comes to the amount of time things take.

Your lawyer cannot make things move any faster than a good pardon company can, but I would bet my last dollar that either will get it done faster than you will.

There is a reason I don’t drive a truck for a living, because as competent a driver as I think I am, I know perfectly well that I do not have the skills, patience or the nerves to drive 18 wheels through a major city.

It is simply not something I can do with any confidence at all.

At the same time anyone who wants to drive a truck for a living is probably not interested in processing government paperwork.

I am clearly generalizing but I think it is a fair generalization. So do yourself a favour and make sure things get done properly because you will be dealing with the RCMP, the court system, your local police and the Department of Homeland security.

You will have to request documents from the Canadian government and you will have to complete forms with names like I-192 and G-325 that are the legal property of the American government. The final result is a stack of papers that absolutely must be complete and in the right order.

One slip and you can wave goodbye to your waiver application and your chance of getting into the US.

But if your waiver is done properly then your best outcome is a government document granting you unrestricted access to the country for a period of five years. You can travel back and forth freely so long as the waiver is valid.

The worst case scenario is a refusal, meaning no access for you, but your waiver service should tell you in advance if this is likely to happen.

You may also be granted a waiver that is valid for a one year period.

If so keep in mind that you will be required to renew it for continued entry.

Again, start the renewal process early because the whole thing needs to be redone completely.

One of the great truths in all of this is that if you’re human you have made mistakes in your life. We are all human and we are all prone to mistakes from time to time.

So if you happen to be one of those whose past comes tied to a criminal record you are going to need to deal with it before getting out on the road.

Don’t procrastinate, because this is your career.

Get started as early as you can and make sure you choose the right professional to handle things for you.

Once things are cleared you will be amazed what a relief it can be. With nothing but clear skies and open highway ahead, you breathe a sigh of relief because you are finally gaining speed and moving forward with your career.

So if you have a record, get yours cleared!

Choose option one or choose option two, just don’t go near the border with a criminal record.

Michael Ashby is director of National Pardon Centre in Montreal, Que.