I’ve been a criminal since 1981 as a result of a DUI. I’ve dallied with the idea of seeking a pardon for years, but the effort appeared so daunting in the days before the internet.
Then I was told that as long as I have a criminal record with the DUI offense showing, Homeland Security in the States would still allow me into the country. A DUI is not a criminal offense in the USA. I have been to the USA many times, no problem.
Buit if I get a pardon, when my name shows up on homeland security’s screen at the border, what they"ll see is that I got a criminal pardon but no reference to the particular offense. Obviously that puts up a big question mark with no reason for the border guard to assume the best case scenario. ENTRY DENIED.
That is what I’ve been told, but I have no way to verify.
The reason I’m asking now is because our government has been talking of making criminal pardons a lot more expensive, harder to get and impossible in some cases. Its now or never. But I won’t give up my access to the US for a pardon.
A DUI is definitely a criminal offense in the USA, just typically a misdemeanor, not a felony, like it would apparently be classified as in Canada.
I had a friend who was refused entry into Ontario (attempting to cross in from Detroit, but I may be mistaken on this part) as they informed him that his misdemeanor DUI in here Utah from 10 years before made him persona non grata to our friendly Neighbors To The North.
His friends that he was traveling with told him they would be back in a few days, and to enjoy himself in Michigan…:smack:
According to this site (which wants your money, so maybe ignore the dire tone on other answers), “after your record is pardoned or destroyed, your FPS# no longer appears on searches that INS conducts at the border. Therefore, they will not have access to your past record.” This one (also wants your money) says “a pardoned criminal record is not visible to American border guards.”
Actually, it is (at least in 2011, and in most if not all states), but it doesn’t involve “moral turpitude,” so you’re still allowed to enter. (IIRC, had you stolen a 20 cent candy bar, you would not be allowed to enter. Theft is theft is moral turpitude.)
Understand what a Canadian pardon does: it buries your record deeper so that it doesn’t show up on CPIC checks. US authorities will likely see nothing; but, it is still there.
If US authorities ask you at the border, “Have you ever been convicted of a criminal offense?” your answer will always have to be “Yes.” Your entry to the US is always at the discretion of the US, regardless of what the Canadian government has to say about it, or your past record. Note that, to the best of my knowledge, the US does not recognize Canadian pardons.
Getting a pardon in Canada is a long, costly, process. But it can be worth it. Being able to say, “Well, I had a DUI in 1980” is a lot different than being able to say “Well, I had a DUI in 1980, but I’ve been clean since then, and the Canadian government pardoned me in 2002.” Remember, your entry is at the discretion of US authorities–sound like you’ve paid your debt, and you’ve been forgiven, and you look a lot better in their eyes.
I believe s. 253 of the Criminal Code is a hybrid–that is, the Crown can proceed on a summary conviction (i.e. misdemeanor) or an indictable (i.e. felony), as it sees fit.
IANAL, but it’s my understanding that an American with a history of DUI is often (?always) denied entry to Canada. But the reverse is not usually true - a Canadian with a history of DUI is usually allowed to enter the US (as has been the case for the OP).
I believe at some point if you’ve kept your nose clean, you automatically become eligible to enter Canada again. I thought it was something like 10 years, but I could be wrong. Some people were speculating that George W. Bush would have needed to apply for special consideration in order to enter Canada for some summit or other during his presidency, but it turns out his DUI had been long enough ago that he was already automatically allowed back in.
I was under the impression that that was the case too (ten years clean and you can go to Canada), though I remember reading somewhere that it doesn’t apply if the offense was uber-serious (e.g. things like rape and armed robbery).
While Canada is certainly permitted to let in who they wish, excluding an allied official traveling on a diplomatic passport would be difficult without cause.
And I don’t know that that cause includes a decades-old DUI, even though it certainly does for tourists.
My brother, his girlfriend and I went to Canada in 2009 by driving from Seattle to Vancouver. She has a DUI conviction in the United States (California) from 2006, and it was never expunged.
There were no problems crossing the border. So, apparently a United States DUI doesn’t always keep you out of Canada.
I have no idea how it works for coming into the United States, but there are no real guarantees when it comes to entering Canada if you have a DUI on your American criminal record.
If you check out Canada’s government websites it implies that after 10 years you are considered “automatically rehabilitated” and Canada will not stop you from entering the country over an American DUI conviction. At the same time, when I first became aware of DUIs even being a problem for American travelers I read about a businessman who was turned back at an airport because he had a 20+ year old DUI on his record. So it’s possibly a discretion thing, or something of that nature.
It’s also the case that many persons with DUIs on their American records can cross into Canada through road or airport without it ever coming up, I don’t believe the border guards actually run every single person that comes through the checkpoint, or if they do they don’t always turn away people with DUIs.
In addition to the “automatic rehabilitation” after 10 years, if your American DUI is more than 5 years old you can apply for a waiver from Canada. If it is approved it is basically a “guarantee” from Canada that you can make travel plans and such and they won’t turn you away (at least for the DUI, but they can always turn you away for other reasons.) It takes many months for it to process, you are not guaranteed that the waiver will be approved, and I think the fee for filing the waiver is fairly steep as such things go (>$500.) But if you have a DUI and you’re an American, and it’s been more than 5 years but less than 10 years, and you plan on going to Canada and you want peace of mind when crossing the border, it may be worth it. (If you aren’t too concerned about peace of mind, it does appear pretty legit that many people with DUIs cross over without it coming up.)
Canada also says that if it hasn’t been 5 years since your crime they may still let you in. They advise that you can fill out the waiver form but mark it as “For Information Only” and then take it with you to a Canadian border or (probably preferably) a Canadian visa office on the American side of the border. There, the officers stationed have discretion to review your situation and can make a judgment call and let you in with a special type of permission (it seems like they basically have you get a “Temporary Resident Visa.”)
Don’t get a pardon it isn’t worth the trouble. I tried to get for my pardon 4 years ago and I never got it. I registered for it and it cost me about 600$. After 1 year of waiting I called to see what was taking so long, they said they were waiting for the RCMP to send them documents. 6 months later I called and told them that it was taking too long and I wanted a refund. They called me back and said that the RCMP never received my fingerprints, so they paid for me to go back and get my fingerprints taken again. I waited another year and then they sent me a letter to pay the 600$ again. I called and emailed and complained to say that I had already paid and I still had the receipt but they just gave me the runaround and I never got my pardon.
My charge was a misdemeanor and I go to the states without any problems. I was told that the border officers don`t recognise the pardon if it is a serious offence they will tell you to get a waiver instead.
So bottom line is DON`T WAIST YOUR TIME WITH A PARDON
Policy is policy, but a foreign national has no inherent right to enter Canada; a border official can refuse entry to anyone for any reason at all if they are not a Canadian citizen. The reverse is also true; whatever the USA’s policies, the central truth is that a Canadian citizen cannot enter the USA if DHS decides that day that you’re not coming in. Or they can hold you up for hours just because they don’t like the way you answered a question. My buddy and I were held up for hours merely for the “error” of mentioning the absolutely true fact that he is a dual citizen.
The long and short of it is that whatever you can do to make the process smoother and easier for the border guard to accept is a good move.
Also, “political offenses” generally don’t bar you from entering the US. This includes offenses like Lèse-majesté and possession of seditious literature.
It looks like the US considers joyriding, draft evasion, attempted suicide, and black market violations to not be offenses that bar one from entering the US.
It might help to carry with you a copy of the court record from the DUI so the border inspector can see what actually happened. If you want a referral to a U.S. immigration attorney (not necessarily someone from my office) who can advise you further what effect a Canadian pardon might have on your future ability to enter the U.S., PM me.
An ex boyfriend of mine got a Canadian Pardon for an offense for which he served no time. He’d falsified a prescription in the early 1980s, but as he had no previous record, IIRC, he was given probation.
He’s held significant positions in global corporations that required him to travel to the States. He’s had to go through an expensive process of officially requesting permission to enter the US. in order to fulfill his work obligations.
He is still not permitted in the US (regardless of the Pardon) without going through the same legal process of requesting permission. I believe the permission covers a one-year period, so it has to be renewed annually if you want to travel that often.
So, if I were you, I wouldn’t bother with the Pardon.