What charges make you ineligible to enter the United States?

Not everyone who has a criminal record is ineligible to enter the United States. Many people only find out that they are ineligible when they are trying to cross the border and get denied.

• It’s better to know your eligibility in advance. Otherwise, there could be consequences:
• You could be detained.
• You could lose the value of your reservations, event tickets, etc.
• You could inconvenience your travel companions.

There are two major grounds on which a person with a criminal record can be turned away. One is drug offences. The other is crimes of moral turpitude. There are some other categories, such as terrorism, money laundering and prostitution, but these two are the most common.

Drug Offences

Drug offences apply to all offences including small marijuana possession charges. Trafficking is taken very seriously. You may be expected to get a drug test to prove you are no longer using drugs.

What is a crime of moral turpitude?

Moral turpitude is a difficult concept to understand. It usually refers to the intent of the person committing the crime. For example, serious assault with the intent to harm a person could likely make you ineligible, whereas throwing a punch in a bar brawl may not.

Fraud-related charges are another common reason why people are denied entry. Charges could include forgery, embezzlement or mail fraud. Kidnapping, vandalism, sexual assault and theft and robbery can make you ineligible. Murder and manslaughter are considered serious, of course.

The most common charge in Canada, DUI, will not make you inadmissible unless there are additional circumstances or numerous convictions.  

You do not need to be convicted of a crime to be turned away based on a record. The US border will also consider discharges, stayed or withdrawn charges and any information they can find out on their own through questioning or searches of your belongings. They have even been known to turn people away if they have ever had a mental health crisis that resulted in a police report.

As well, a pardon or Record Suspension will not help you enter the United States. They do not recognize Canadian pardons.

If you have ever been denied entry for a criminal record, you will need to apply for a US Entry Waiver. If the border agent made the decision in error, the Department of Homeland Security will issue a letter, but you need to apply for the waiver first.

Determining whether or not you are ineligible to enter the United States can be confusing. Contact us for a free consultation and we'll help you assess your situation. Our number is 1-866-972-7366.

Safeguard Your US Travel Plans

Canada’s close ties with the US – economic, political, and cultural – ensure that Canadians traveling to the US need to present only a valid passport when crossing the border. Nevertheless, any Canadian citizen with a criminal conviction who merely attempts to do so breaks American law. A criminal conviction must be disclosed to border authorities.

The Canadian Police Information Centre shares information on criminal records in Canada with the US Department of Homeland Security. A criminal conviction will more than likely show up during a background check at a border crossing point. Unless a traveler has a valid US waiver, as a minimum he can expect to be turned back and banned from entering the US. Not only will he risk refusal for entry, he could also face confiscation of property, including possible seizure of his vehicle. This includes any vehicle with a passenger with a criminal record, not just the driver. He can even be arrested and charged.

Even if, in the past, a person with a criminal record has crossed the border without complication as their conviction has not turned up, in this electronic age information is constantly being compiled and circulated. Nowadays, a background check can reveal decades-old convictions. As well, having received a pardon might not make a difference. Canadian pardons are not recognized by the DHS; and although the CPIC will not disclose a criminal record for which a pardon has been granted, the information might have entered the American database before the pardon was granted. Finally, attempting to cross the border in remote areas where there are no guards is ill-advised. Electronic sensors exist at many points to detect suspicious movement and alert authorities.

Consequently, Canadians planning to travel to the US should note the following:
 • A Canadian with a criminal conviction needs a US entry waiver of ineligibility from the DHS.
 • Apply for the waiver well ahead of time – the process can take up to ten months.
 • A person with a criminal record does not need to have received a pardon in order to apply for a waiver.
 • A person who has been granted a US waiver cannot be refused entry at the border.
 • A waiver is valid for a period of only one to five years, after which it will have to be renewed.

A waiver will allow a person to visit the United States without worry. If you need a waiver, Pardon Services Canada's role and familiarity with the process will ensure that all documents required are obtained in a timely manner and that your case is processed expeditiously. Contact a Client Specialist at Pardon Services Canada now to guide you through the process.

HIRING PRACTICES EXPOSED - Red Carded Before the Game

Increasingly, companies are using criminal record checks in their hiring process before even talking to the applicant. The criminal record check industry has provided a readily available, popular, and inexpensive tool for pre-screening hopeful applicants. This use, now widespread, eliminates all job candidates with criminal records. People with criminal records are routinely being denied any opportunity to establish their job qualifications. Such a “blanket” approach is clearly flawed if not plain wrong; it seems not only unreasonable but also potentially illegal under civil rights laws.

Criminal background checks serve to determine the safety and security risk of candidates for employment or promotion. However, to assume that the existence of a criminal record accurately predicts such risk is illogical. Employers are using these checks as a way of determining character rather than qualification. The best qualified or even well-qualified individuals are being swept aside irrationally. These blanket exclusions provide no opportunity for employers to consider critical information, such as the nature and age of an offence plus its relationship to the job.

Another emerging aspect is the potential for covert discrimination – using criminal records to screen applicants serves as a facially neutral selection process that invites consideration and review. As such, the National Employment Law Project’s March 2011 report urges employers to reconsider their current hiring policies. An individualized assessment should take into account the nature and gravity of the offense(s), the time that has passed since the conviction and/or completion of the sentence, and the nature of the job held or sought. This approach would ensure that people with criminal records are not eliminated for youthful indiscretions, minor run-ins with the law, or more serious offenses from long ago.

Supporting this approach is the fact that a criminal record is difficult to interpret, making it a misleading tool to determine risk on the job. The BC Civil Liberties Association has raised concerns about employers using the PRIME (Police Records Information Management Environment) database for pre-employment checks. In the past, this database was considered a highly confidential tool for law enforcement. One of the problems inherent in using this database now for employment screening is that some information is being recorded as “negative contact,” a concept far too broad in scope for employers to base life-defining decisions upon. If it is going to be used increasingly for background checks, people will be demanding greater access to ensure information provided is accurate. 

This is another example of what you don’t know can hurt you. How many people can tell you with 100% certainty what is in their file? How many of these hiring managers even know what their file says about them? If you are serious about your employment search or career advancement – do your best to have ALL the answers before you become excited about an application submission. Your past experiences, hard work, education and qualifications may be worth absolutely nothing to a potential employer if you set off a red flag. 

Sun of a Beach...Criminal Record Limits Travel

Canadians love to travel. This fact is reflected in the number of Canadians currently holding valid Canadian passports increasing to 60 percent from only 36 percent in 2005. Although the recession in 2008 kept many from travelling the way they would have liked, some choosing to pursue the “staycation” while the economy was sluggish, the number of people traveling has since rebounded.

During the 2010/2011 winter travel season, 10 percent more Canadians travelled to the US than the previous year, with Hawaii proving to be the one of the most attractive places. The US is a top destination for Canadians. In fact, several US locations are currently on the list of the top 25 beaches in the world for 2011. Unfortunately for some would be travelers, a Canadian criminal record limits your ability to travel to the US.

Travelling abroad has also seen a resurgence. In the winter, Canadians love the sun, choosing R & R on beaches and cruises. And during the other seasons, destinations like Mexico, Cuba, Britain, and China are increasingly popular. To take advantage of lower flight costs, a significant number of Canadian travelers are now going to the US for flights to US destinations and around the world.

Quite apparent is the position that the US holds in all these ventures. A predominance of travel is either to or through the US. What a shame it is that so many Canadians cannot even consider pursuing their dream vacations because they have a criminal record. Only through getting a pardon to remove that criminal record and receiving a waiver to gain entry into the US will that dream become a reality.

Seeking A Pardon Is The Only Recourse To Removing A Criminal Record.

Since 1970, over 400,000 Canadians have been issued pardons. 96% of those recipients have remained crime free in our communities. Why have so many Canadians endeavored to obtain their pardons, ridding themselves of their criminal records? Once people convicted of a crime have completed their sentence, paid their fine, or complied in any other way that the courts have ordered, shouldn’t they feel relieved? Shouldn’t they be able to put their mind at rest knowing that they have “paid their dues” and can now move forward and re-establish?

The fact is that everyone wants to undo errors in judgment that led them to having a criminal record. Get a new job, volunteer at their children’s school, coach a sports team, adopt a child, change one’s name, maintain custody of children during separation or divorce, these opportunities and others are not possible unless their criminal records are sealed through obtaining a pardon.

In addition, they most likely seek respite from the physiological and psychological impact of the burden that a criminal record causes. Not only do they want to move forward, they also want to gain peace of mind. When confronted with the procedure of undergoing a criminal record check while being considered for a promotion or a new job, while wishing to be able to volunteer for community endeavors, while worrying about friends or neighbours discovering the past: The stress can and does cause physical and psychological trauma. Anyone has the opportunity to have their record checked and should do so for peace of mind.

The RCMP is the only body in Canada with the authority to perform criminal record background checks. Employers are increasingly using criminal record checks, through the RCMP, when qualifying prospective and current employees for new hires and promotions. An otherwise qualified person can expect to be turned down, even if the conviction was for a seemingly insignificant offence that happened long ago. That record exists and can be seen by employers. Even more unsettling is the fact that some companies have started applying their new criminal record policies retroactively. Long-term employees have been dismissed because of a minor, old offence.

Receiving a pardon enables a person to live just as if he had never committed a crime – a pardoned crime will not be disclosed on a criminal record check provided by the RCMP. A clean criminal record is a requirement for moving forward, and applying for a pardon is the route to follow. Obtaining a pardon is a long process, so it’s best to start well in advance. Seeking the assistance of a pardon services specialist will make that process easier and provide the assurance needed.

‘The New Canadian Pardon: More Expensive & Harder To Get. Really?

The Canadian Government has proposed that the cost of applying for a pardon be raised to $631, after only recently raising it from $50 to $150. Some people feel that those who commit crimes should have to pay for their own rehabilitation, whereas others feel that if getting a Canadian pardon proves too difficult or expensive, many will never be rehabilitated.

Quite interesting is the fact that, for pardoning criminal records, the price is under debate at the same time as the general requirements: Is the pardons process strict enough, or should it be made more difficult?

This raises two important questions for discussion:

Raise the price? The Government claims it would offset the cost to the taxpayer – a claim that defies logic to some degree. Consider that taxpayers’ money is used to administer the justice system. Raising the cost of a pardon – and quite significantly - would prove obtaining a pardon prohibitive for many, most likely because their criminal records are currently preventing them from  becoming gainfully employed. Not being gainfully employed results in the individual NOT being able to contribute to the public purse, and in some cases actually taking more away from it by relying on some form of public assistance. These people want to work. They are willing to pay taxes. Why stop them?

Make the process more difficult? One might well wonder what end this would serve. Take economics out of the equation. People who are legally entitled to receive a criminal pardon and are well rehabilitated or certainly have learned their lesson should not be further tripped up with another stumbling block. These are people who are working hard and are contributing members of society. The Canadian pardon process is already fair and effective, although it requires accuracy and thoroughness both on the part of the Parole Board of Canada and the applicant. Many people seek the assistance of Client Specialists to assure accuracy & thoroughness to better guarantee success with their application. But why make the process more complicated? A person who is working hard at life and contributing to society is not planning crimes. Do they really need more paperwork in Ottawa?

Because the spectrum of crime in Canada is so great, the likelihood of the average person knowing and/or associating with someone who has a criminal record is actually very high. Many everyday people have a minor conviction along with a criminal record. Most of these convictions are usually the result of a lapse of better judgment rather than an outright strategic criminal endeavor.

To make pardons more expensive or more difficult to obtain would be harsh and counterproductive to the average person.

Ultimately it will take more money away from the Government through lost future employment taxes than is collected from a one-time increased application fee. Rather than serving as a significant deterrent to the intended criminal, it hinders the productive rehabilitated individuals and looks more like an immediate, non-logical cash grab by the Government.