Updated on May 24, 2021
Many Americans considering entering Canada with a DUI or DWI are curious about how the Canadian border authorities determine whether a visitor has a criminal record. Canada's front-line border agents now have greater access to information than ever before to assist them in identifying potential security risks during visitor screening.
As of Nov 23, 2015, Canada Border Services Agency (CBSA) agents at their primary checkpoints have full access to the FBI criminal database, allowing them to determine whether a visitor has an outstanding warrant or a criminal conviction.
Border officers have access to criminal records from the United States via the Canadian Police Information Centre (CPIC). The CPIC central police database is operated by the RCMP and is linked to the United States National Crime Information Center (NCIC), which is the FBI's CJIS database that is connected to all federal, tribal, state, and local law enforcement agencies in the United States.
The Canada Border Services Agency (CBSA) screens individuals using a variety of databases, including the Canadian Police Information Center (CPIC). In 2015, border agents were granted expanded access to these databases, enabling them to search for outstanding warrants or prior criminal convictions against anyone attempting to enter the country.
The border agent will be able to view any DUI convictions on your record if they have access to CPIC. You should not make an attempt to conceal a conviction, as this could result in a lengthy ban from entering Canada. Additionally, you do not want to create issues for the other passengers in the vehicle. In the case of Canada, border guards can access the main FBI database, while Americans can refer to the Canadian Police Information Centre (CPIC) database. How far back does Canada check for DUI? The Canadian database goes as far as possible until you register for criminal rehabilitation, a TRP, or are deemed rehabilitated.
Canada does not allow entry to foreigners with DUIs; this includes US citizens with an American DUI. Every year, thousands of Americans are turned away at the border due to an American DUI or DWI charge or conviction.
As a result, people wonder how Canada can find out about an American DUI record. The answer is an increased screening partnership between Canada and the United States, which was initiated after the terror attacks of 2001. Canada and the US agreed to share their national criminal record databases, which means that screening between the two countries is possibly the toughest in the world when it comes to criminal records.
It’s even tougher for US residents entering Canada now because the border guards successfully lobbied to have access to FBI records at preliminary screening. Since 2016, border guards have had the ability to look up the criminal records of US residents without pulling them aside for secondary screening. This means as soon as they scan your passport, they can discover if you have a record. As a result of this change in procedure, 30,000 Americans were denied entry in 2016 compared to 7,500 in 2014.
It's important to note that when you are crossing the border, you must be honest if you are asked about any prior arrests or criminal convictions. If you lie, you can be accused of misrepresentation, which could result in being turned away from the border and being flagged. If you try to enter again without a TRP or approved rehabilitation application, you can be banned for years or worse, on a permanent basis.
What can you do if you have an American DUI?
If you have an American DUI and you want to enter Canada, you have a few options.
1) Temporary Resident Permit: If it has been less than five years since you have completed your sentence, you may apply for a Temporary Resident Permit (TRP). This allows you to enter for a specific purpose such as a business meeting or a wedding. It can be used for multiple visits at the discretion of the official approving the permit.
2) Criminal Rehabilitation: A more flexible option for people with DUI charges is to apply for Criminal Rehabilitation. This is a permanent solution that, once granted, will allow you to come and go under the same conditions as other US travellers. You need to wait five years for your sentence to apply. If you have submitted an application, but you don’t have time to wait for approval, you can still apply for a TRP in the meantime. In fact, many people choose to do a TRP and Criminal Rehabilitation application at the same time.
3) Deemed Rehabilitation: If it has been 10 years since your sentence completed, you may be deemed rehabilitated, which means you don’t need to apply, but you might want to take your court documents, fine payment receipts and other documents to a Canadian consulate for approval of your status.
If you need assistance crossing the Canadian border with an American DUI or DWI charge or conviction, contact AllCleared for a free consultation at 1-866-972-7366.
