Travel Restrictions

For travel purposes the most important thing to remember if you have a Canadian criminal record (or suspect you have a criminal record) is that the existence of a criminal record prevents you, by law, from entering the United States of America (US).

The FBI can now legally gather information from RCMP databases (CPIC) without request. This means that border guards are required only to type a name into their computer system for any criminal file the RCMP have recorded to show up. If you have a FPS# attached to your name you are barred by law from entering the US.

Be advised the ONLY country this rule applies to is the US. Travel anywhere else in the world is allowed. However, your flight plans CANNOT include a stop on American soil.

Risks

If you are caught trying to enter the United States illegally you risk not only refusal for entry, but confiscation of property, including the possible seizure of your vehicle. This counts for any vehicle holding a passenger with a criminal record, not just the driver.

If you have a criminal record the best thing to do is begin the pardon application online and avoid going to the United States entirely. If the FBI is unaware of your criminal record when you receive a pardon, they will never become aware of it unless you tell them.

Some offences such as DWI (drinking and driving) are considered by US law to be admissible offences. However, US border guards are given absolute discretion to refuse entry to anyone for any criminal record, irrespective of details. If you are traveling to the United States you are taking a risk.

On the other hand certain offences are sure to be treated severely. The smallest drug possession charge, for example, is reason enough for outright refusal to enter the country. People caught trying to enter the US with a drug possession charge should anticipate search and seizure of their person and property if the existence of the criminal record is discovered, regardless of case details or outcomes.

What to do

There are only two ways to be absolutely sure you are not at risk when entering the United States of America. One is to make sure there is no record of any criminal activity associated with your name. The second is by applying for a US entry waiver.

A US entry waiver is issued by the Department of Homeland Security (DHS). Anyone granted a US entry waiver is at no risk of being refused entry to the US. A waiver overrides any personal discretion border guards may have, as it is granted by a superior governing body. The application can be started immediately at the National Pardon Centre.

If you have any concerns or further question concerning USA entry waivers or Travel restrictions for persons with Canadian criminal records contact the National Pardon Centre.