Travel

Entry to USA with canadian pardon

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  • Jun 25th, 2018 10:56 pm
[OP]
Jr. Member
Mar 3, 2011
107 posts
11 upvotes
Toronto

Entry to USA with canadian pardon

I need to travel with my kids by air to visit family in USA. Back in 1992 i was denied entry because i didn't had proper documentation to enter USA and i didn't had a criminal record at the time. few years later i made a mistake in Canada (drinking and driving) i was pardoned for. now I'm worrying if I'll be denied entry bu USA if they find out about my past criminal record even though i was pardoned for.
Any advice please
13 replies
Deal Expert
Feb 7, 2017
23443 posts
22399 upvotes
Eastern Ontario
Here’s a recent topic, on a similar situation
https://forums.redflagdeals.com/convict ... #p29115296

Good advice in it with Reply # 6 by @TrevorK

NOTE - this is where Canada and the USA differ greatly on how they see things
A DUI in Canada is a criminal offence, not so in the USA (unless someone is killed ... then it’s a felony too)

A Pot Charge in Canada is not as big of a deal as it is in America
Where it is ALWAYS a federal crime / felony... no matter how little the amount involved

So from the perspective of your DUI you are probably going to be just fine to travel to the USA

Not so for the American coming into Canada with a DUI / DWI
Or a Cdn going to the USA with a Pot Charge

However, if anyone should ask...
You do need to TELL THE TRUTH
Especially so if the Question is “Have you ever been arrested”
Cause the truth is the US CBP Officer might just already know that answer, when he asks that Question
As Canada CBSA & USA CBP do share police database info
Deal Expert
User avatar
May 10, 2005
36455 posts
10769 upvotes
Ottawa
"A single DUI conviction is not grounds to deny entry into the U.S. However, multiple DUI convictions or a DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States."

https://help.cbp.gov/app/answers/detail ... i-offenses
Deal Expert
User avatar
May 10, 2005
36455 posts
10769 upvotes
Ottawa
scuba2day wrote: "A single DUI conviction is not grounds to deny entry into the U.S." is true.
However, the big problem is the pardon will appear in the US CBP system. There will be no information other than a pardon was granted.
The US does not recognize a foreign pardon. So, the US CBP officer will want to know what the pardon was for. You will need to bring your pardon letter with you and you will be fine.
If you do not have the pardon letter with you then you will 100% be denied entry into the US.
The pardon is immaterial. There was only one DUI conviction.
I do not think you are correct. I traveled with a colleague a number of times that had his DUI pardoned and he has no problem crossing the border.
[OP]
Jr. Member
Mar 3, 2011
107 posts
11 upvotes
Toronto
Is there a way to find out before going to airport and being denied to board the airplane?
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Deal Expert
Aug 2, 2001
18110 posts
9166 upvotes
maximius wrote: Is there a way to find out before going to airport and being denied to board the airplane?
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Contact US Customs and Border Patrol to discuss with them. Do not trust random internet answers - the information on the web points to you being safe but there may be documents they require and it would be helpful to talk to the people who will actually make the decision.
Newbie
Oct 19, 2016
54 posts
12 upvotes
Usa doesn’t recognize canadian pardons. Unless you are already flagged by US, you have to get your prints destroyed from the rcmp CPIC database ( called a file destruction), which the americans have access to. That way, when they scan your passport at the border and your prints dont show, they will never know you were ever even arrested in the first place. A file destruction is free and takes about a year to complete. You have to put in a request with your local police or the police service that arrested you, then the rcmp get notified
Deal Expert
User avatar
May 10, 2005
36455 posts
10769 upvotes
Ottawa
scuba2day wrote: No, the pardon is not immaterial. [Facepalm]
Perhaps, for whatever reason, the pardon is not in the US CBP system.
Also, the first time into the US after receiving a pardon the US CBP officer will request a note be added to the US CBP system regarding the pardon.
So, on subsequent trips the US CBP officer may not ask about it. However, it is always best to bring that document just to be safe.
Point as that it is only 1 DUI and that is not grounds for keeping them out..hence, a pardon, in this case, is immaterial.
Deal Addict
Feb 17, 2017
1356 posts
1180 upvotes
A DUI is not a problem going to the US. I'm not aware of any country that has an issue with people with a single DUI (except maybe Australia) other than Canada.
Deal Expert
User avatar
Jul 5, 2004
26876 posts
6098 upvotes
US border officers typically can't see a conviction after it has been pardoned because it no longer shows up in a typical CPIC querie.
Deal Expert
User avatar
May 10, 2005
36455 posts
10769 upvotes
Ottawa
scuba2day wrote: However, the big problem is the pardon will appear in the US CBP system. There will be no information other than a pardon was granted.
So, simply need to bring the pardon letter so the US CBP officer knows the original conviction was only a DUI.
Someone with a DUI conviction will not be denied entry into the US.
"The Canadian Police Information Centre (CPIC) shares police records with the U.S. National Crime Information Centre (NCIC),"...."even when a Pardon is granted."
https://www.pardonapplications.ca/artic ... n-pardons/
It has been said all along, 1 DUI is not reason for denying entry.
Your posts are contradictory . Please provide correct information.
Deal Expert
User avatar
May 10, 2005
36455 posts
10769 upvotes
Ottawa
scuba2day wrote: The post are not contradictory at all.
I never said "even when a Pardon is granted." I said "the pardon will appear in the US CBP system. There will be no information other than a pardon was granted".
Anyway I am blocking you on this site. You seem only interested in arguing and contradicting every single posting yet contribute nothing to thread.
Wrong
OK :)
Newbie
Oct 19, 2016
54 posts
12 upvotes
Shaner wrote: US border officers typically can't see a conviction after it has been pardoned because it no longer shows up in a typical CPIC querie.
No but they will see your finger prints in thr cpic database and ask you if youve ever been arrested etc...lie and you are screwed.
Newbie
Oct 19, 2016
54 posts
12 upvotes
scuba2day wrote: Purge and File destruction if for cases where the person was charged but not convicted.
In the case of a Pardon (Record Suspension), the conviction record is never destroyed but sealed and does not appear in normal Criminal record searches.
A pardon can also be revoked.
What im saying is the conviction being hidden means nothing hes not applying for a job. His prints need to be off the cpic database to avoid interrogation

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