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.

Canadians Getting More Than They Bargained For Crossing U.S. Border

 With a rising Canadian Dollar and more Canadians flocking south for shopping bargains, the risk to Canadians with a criminal record increases. A quick trip for gas can turn into a lifetime of U.S. Entry Waivers.

Canadian spending in the U.S. was way up in 2010, according to a Visa report. Spending went up 18% from the previous year, capping at $9.2 Billion. Last year Canadians, among all other nationalities, were also the biggest spenders in the U.S. A strong Canadian Dollar backed by rebounding Canadian industry, weak investor confidence State side and high oil prices promises great deals for Canadians. The trend continued into 2011 as the dollar has been trading at 105 against its U.S. counterpart - up 5.4 points since January. This recent growth brings the dollar to a 3 ½ year high against its American counterpart.

As the shopping migration continues en masse, Canadians would do well to remember that if they have a criminal record it is a requirement of the U.S. Department of Homeland Security that the traveler posses a U.S. Entry Waiver. U.S. Border Officials have been turning away more and more Canadians from the border as a quick check can uncover a past offence prompting a refusal of entry. 

On top of being denied entry at the border, any subsequent attempt to enter the U.S. from Canada is flagged and checked. The person caught trying to conceal their past or enter the U.S. without a waiver will be required to possess a U.S. Entry Waiver for the rest of their life.

More and more Canadians are getting caught in the tighter security blanket crossing the border to take advantage of great deals. Unfortunately, they are getting much more than they bargained for as a lifetime of U.S. Entry Waivers can result from one quick trip across for gas. The unfortunate thing is that for Canadians a criminal record check is quick and inexpensive. Canadians don’t need to be caught unsuspecting at the border.

*note: a Canadian Pardon will ensure that the U.S. government will not be able to see any previous criminal record 

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.

Spun Out of Control. . . Man Regains Life After Record Suspension.

“Regret,” “remorse,” “anguish,” “self-reproach” – all these feelings hang heavy when one truly realizes the consequences of wrong doing.

No matter how minor or serious the circumstance may be that a troubled person is contending with, to feel a measure of relief when having overcome the consequences is uplifting.

Here is the story of one person having become successful in his personal life putting his past behind him.

In 1987, he was found guilty of having a blood alcohol level exceeding .08 while driving. His vehicle hit some gravel, spun out of control, and rolled over. He is so very thankful that there were no other vehicles or individuals involved. He deeply regrets this incident and has made many positive changes in his life as a result. He has not, since the date of his conviction, driven under the influence of alcohol. This event has been something he has had to live with for over twenty years.

He has two teenage children currently learning to drive and looking forward to attending university. He often reminds them of his circumstances and strongly encourages them to learn from his mistakes.

He currently teaches in workshops for corporate clients. He greatly enjoys educating adults and seeing how their careers benefit. Increasingly, organizations are asking for criminal background checks in order to do work through a vendor. This record suspension has allowed him to continue to educate and not limit his ability to earn a living.

If you are in similar circumstances yourself, Contact Pardon Services Canada for help. You too can gain the peace of mind that he most certainly has.

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.

The Pardon Services Canada Guide To Choosing Your Pardon Specialist.

If you have a criminal record, you already know that it can prohibit you from doing certain things. Areas that are typically affected include work, travel, volunteering, education and even adoption! That is, until enough time passes so that you qualify to apply for a pardon.
The Canadian pardon process also known as a record suspension in Canada can be a very intimidating and a confusing experience for the average person. Questions like; ‘Where do I find information on the pardon process?’, ‘Do I qualify for a pardon?’, and ‘How does it take to get a pardon in Canada?’ all come to mind.
Unless you are a lawyer, most likely you will need some type of help preparing your application for the Parole Board of Canada in Ottawa. If you choose to take this on yourself – good luck! But please remember a few things.
• Different people require different pardon documents.
• Fingerprints are basic a requirement for every application – but there are two kinds!
• You need to complete the right document package – different documents need to be provided in full, and can vary from person to person.
• Every application is different. What is good for one pardon application may not be enough for another.
• A pardon application needs to be properly prepared and fully completed.

You can try to do it all yourself, but why would you chance having your pardon application returned because you forgot complete one very small but critical detail? Success or failure depends solely on how well your pardon application is prepared. If your application is returned, you must wait one full year to apply again.

While the prospect of asking for help does not appeal to everyone, there comes a time when you need to stack the deck in your own favor. It’s better to team up with a pardon specialist and give yourself the inside advantage.

So if you agree that you may need the help of a specialist, make sure that you team up with someone who has a successful track record, someone who can really guarantee that they can help you.

Ask these questions:

•How many years have you been obtaining pardons for your clients?
•What is your success rate?
•Will I be able to track the progress of my pardon application? Where and how?
•Do you have customer service agents available to answer my criminal record and pardon questions over the phone?
•Where is your office located?
•Do you have client testimonials or references?
•Will you keep me up-to-date on my pardon application as it progresses?
•How is my personal and private information handled?
•How can you guarantee my privacy?
•Why should I go with your company?

When it comes to clearing criminal records, Pardon Services Canada has been helping Canadians with confidential, fast and affordable service for over 20 years.
You can find out more information regarding your rights, and learn about easy steps to total freedom by visiting http://www.pardonservicescanada.com/. Pardon Services Canada can help you clear your good name.

Pardons allow new start, applicants say.

Here is a brief summary of a recent article by CBC News. To read the original article, please follow the link at the bottom of this article.

Old habits do die hard, but there comes a time when habits have to be broken: The cycle that so often plagues people struggling to cope with too little, if any, income and the demands of daily life – the cycle that sometimes leads to desperate acts, often illegal ones, results in a criminal record.
Over 4 million people in Canada have criminal records; and spokespeople at the Parole Board of Canada, the RCMP, and the Department of Justice say that only a very small percentage of people apply for pardons, often because they have no choice. Applying for a pardon is a long process involving hundreds of dollars in expenses in addition to the administrative fee that the Parole Board now charges – a fee increased just last December from $50 to $150.
If a person has a criminal record and has not been pardoned, finding housing, crossing the border into the U.S., getting a job, even just part time, is next to impossible. Not having a pardon is a “big deal.” Many application forms ask if the applicant has committed a crime for which the person has not been pardoned. Even when a company might hire someone without checking his or her criminal history, there is the constant fear that the criminal record will be discovered. And should a situation occur that causes management to do a company-wide background check, that record will indeed be discovered, usually leading to dismissal.
To apply for a pardon, individuals must have served their sentences or paid their fines and lived crime-free for five or ten years, depending on the severity of the offence; and they must pay the application fee. Now the Parole Board wants to raise that fee to more than $600 from $150, and Public Safety Minister Vic Toews feels that the applicant “should be paying for those pardons on a cost-recovery basis” – that is, pay the full cost, believing ordinary Canadians shouldn’t have to shoulder the expense.
Individuals can apply for a pardon by themselves however, the process can be difficult. The petition can be aided by using Pardon Services Canada, a reputable private company established in 1989 and having a success rate of 99 percent. The services include creating and compiling all the necessary forms required to support the application and handling all communications from the NPB and other government agencies. All documents required are obtained in a timely manner, and each case is processed expeditiously.
The Harper government wants the Parole Board to allow fewer pardon applications and spend more time on each, with the board’s cost breakdown estimating the increased administrative cost at $631!
Opponents of the heftier fees feel the issue is about more than cost. Most individuals applying for pardons live on low incomes, and the additional amount is purely out of reach. Toews recognizes these legitimate factors, thus the Parole Board held public consultations in February when Canadians were asked to say what they thought of quadrupling the price. Dozens of people reacted by saying that the higher cost will make a pardon impossible to get.
Most pardons are given to people who commit non-violent offences. Worthy of note is this list of Offences from 2000-2010 that earned pardons. Shouldn’t we be helping rather than hindering those who struggle to reintegrate into society?
References:
Pardons allow new start, applicants say
Parole board begins consultations on pardon application fee hike

Options should you be stopped at the U.S. border.

Here is a brief summary of an article that recently appeared in The Globe and Mail. To read the original article, please follow the link at the bottom of this summary.


What should you do if denied entry because of a criminal conviction, perhaps one that happened decades ago?
Consider this hypothetical experience: Imagine you're at a U.S. Immigration checkpoint, travelling to attend a meeting or convention, close a business transaction, or take trip to Disneyland. A U.S. Immigration officer discovers that you were involved in a “criminal matter” years ago.
If you’re denied entry to the United States, your travel plans may be jeopardized, and it might even have a detrimental effect on your career – travelling south of the border is what many Canadian business people do occasionally as part of their jobs.
If so, here’s a word to the wise: Don’t panic. It’s understandable that you might become nervous in such a situation, appearing suspect to the U.S. Customs and Border Protection officers. It might even be tempting to ramble on in a way that makes an officer suspicious. Others might lose their cool and display a bad attitude. None of these reactions would prove beneficial and could result in refusal of admission.
So if you’re questioned about your prior criminal history, think carefully before answering, and remain calm. Instead, fully disclose all your arrests and convictions, including any “minor indiscretions” that might have happened long ago as a youth or young adult.
U.S. immigration laws outline specific categories of crimes and offences that generally categorize inadmissibility offences. Canadian travellers can find themselves questioned about their inadmissibility for instances in their past involving either drug-related offences (controlled-substance violations) or crimes involving dishonesty (crimes involving moral turpitude). There are exceptions to the rule, though, and recalling as many facts as possible may allow you to make your originally scheduled flight to the United States.
Even in the event that you’re turned away that day, there’s still hope. You may be able to apply for a Non-immigrant Waiver of Inadmissibility to the United States. Or you may have to provide court records demonstrating that the inadmissibility provisions of the U.S. Immigration and Nationality Act don’t apply in your case.
Even if you are not technically inadmissible to the United States, you may require advance assessment by the U.S. Customs and Border Protection Admissibility Review Office to advise of your admissibility in the form of an official letter.
So stay calm, don’t panic, and don’t do anything foolish. Work within the system, and if necessary, work with an expert and chances are you’ll be able to return to the United States without having to worry.
Read the full story Denied entry to the U.S.? Don’t panic. by Tony Wilson as it appeared in the Globe and Mail.

Pardon Canada News Release - Proposed Changes Hit Hard

PARDON CANADA - OTTAWA -- Proposed changes to restrict criminal pardons would exclude almost one of every four currently eligible applicants, newly released statistics indicate.

When combined with a planned quadrupling of the application fee and new rigour in background checks, so-called "criminal record suspensions" are likely to become far more difficult to obtain.

Even routine speeding tickets and unpaid parking fines are being used to reject pardon applications, according to three large commercial agencies that help former convicts apply.

The triple blow to the pardon regime has critics up in arms, saying the Conservative government is exploiting public revulsion over the pardon of serial sex offender Graham James.

"Frankly, it's the fault of the government, who is trying to conjure up bogeymen on every corner," said Liberal public safety critic Mark Holland.

Adds NDP public safety critic Don Davies: "It's ill-advised, it's arbitrary and it would prevent many deserving Canadians from getting a pardon."

The Canadian Press revealed last spring that James, a former junior hockey coach, had been quietly pardoned in 2007. The resulting public and political furor caused Parliament to rush in immediate reforms, with more still pending.

A spokesman for Public Safety Minister Vic Toews said the changes are necessary. Last June's legislation "gave the Parole Board of Canada the authority needed to decide if granting a pardon is warranted, and ensure that the waiting period to apply for a pardon better reflects the severity of the crimes committed," Chris McCluskey said in an email.

As for proposed Conservative changes that would bar anyone with more than three convictions from ever being eligible for a pardon, McCluskey said "these reforms would make repeat offenders more accountable to their victims for their actions."

But actual pardon statistics, and people who work in the field, suggest the reform will put a pardon out of reach for thousands of minor offenders. "My typical client was in his 20s, got caught drunk driving or shoplifting or smoked marijuana, peed in an alley or got in a fight," says Azmairnin Jadavji, who started Pardon Services Canada in Vancouver in 1989. "Now they're about 35 years old, they want to grow up, they have families."

According to statistics provided to The Canadian Press by the parole board, during the last five years through April 2010, there were 73,078 pardons granted, including 17,044 (23.3 per cent) to people with more than three convictions.

The proposed three-strike rule is the most problematic element of the reforms, with even Conservative MPs on a Commons committee studying the legislation suggesting amendments may be needed.



-- The Canadian Press