If you have a DUI conviction, you may still be eligible to get a Nexus Card.
A NEXUS membership is available for travellers between the USA and Canada and allows travellers to expedite their wait times when crossing the border. The Nexus Program is jointly run by the Canada Border Services Agency and U.S. Customs and Border Protection.
What is a Nexus Card?
A Nexus Card is a form of Identification which you will need to carry whilst travelling between the United States and Canada. Nexus Cards are valid for 5 years and cost $50.00 to apply.
Once you have applied for the Nexus Card, you will have to have to undergo two separate interviews, one with a CBP officer and one with a CBSA officer, as both Canadian and American governments must approve the application.
The term “low-risk travelers” has been a cause for concern for individuals who have a criminal conviction. In most cases, applicants who have prior convictions will likely be denied a Nexus Card. However, there are some instances where individuals with one criminal conviction may be eligible to apply for a Nexus Card. One such example is if you have a single DUI conviction. In some countries, DUI is considered a misdemeanour. In others, it is a serious criminal offence no matter how it was prosecuted in your country. Find out about where you can travel with a DUI conviction.
Nexus is a joint effort by the U.S Customs and Border Protection (CBP) and the Canada Border Services Agency (CBSA) to service low-risk travelers into the United States and Canada.
Who is eligible for a Nexus Card?
- ✔ You must be a citizen of the United States or Canada. If you are a citizen of Mexico, you need to be a member of the Viajero Confinable Program;
- ✔ If you a Permanent Resident of the United States or Canada, you must have lived in your country of residence for three years before applying (exceptions apply);
- ✔ You must be admissible to the United States or Canada under Immigration Laws.
What are the benefits of a Nexus Card?
- Avoid long line-ups and save time by:
- using automated self-serve NEXUS kiosks when entering Canada at major international airports and U.S. Global Entry kiosks for entry into the U.S.
- expediting clearance through security screening lines at major airports.
- expediting clearance through the U.S. Transportation Security Administration Pre-Check lines at airports across the United States. Visit NEXUS Air for more information.
- A simplified entry process using dedicated vehicle lanes at over 20 designated land border crossings. Visit NEXUS Land for more information.
- When arriving to Canada by boat, report by phone to a Telephone Reporting Centre at more than 450 marine sites across Canada. Visit NEXUS Marine for more information.
You may be denied a Nexus Card for the following:
- If you provide false/ incomplete information on your application;
- If you are subject to a current investigation by a Law enforcement agency;
- If you are inadmissible to the United States and/or Canada under immigration regulations;
- If you were convicted of a Criminal conviction in any country.
What if I have a DUI conviction in Canada?
If you have a single DUI conviction in Canada, you will need a granted Record Suspension/ Pardon before you can apply for a Nexus Card.
A granted Record Suspension/ Pardon for a single DUI conviction does not necessarily mean that you will be granted a Nexus card since Record Suspension/ Pardons are not recognized by the United States.
Your Nexus Card application will be reviewed on a case by case basis and you will need to be as transparent as possible during the process.
If you have received a Record Suspension for multiple DUI convictions, you will still be ineligible to get a NEXUS card.
To find out if you are eligible for a Record Suspension, please click here.
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What if I have a DUI conviction in the United States?
In most cases, a DUI is considered a traffic offence, not a criminal offence, in the United States. However, it is still deemed a criminal offence in Canada. In order to apply for a NEXUS card, you will first need to apply for and be granted Criminal Rehabilitation. To find out if you are eligible, please click here
If you have been convicted of multiple DUI convictions in the United States, you will not be eligible for a Nexus Application.
What if I already have a Record Suspension/ Pardon or an Expungement?
If you already have a Record Suspension/ Pardon for one summary offence (considered a misdemeanour offence in United States) you may be eligible for Nexus Card. If you have received an expungement, you may also be eligible to enrol. However, very few offences are subject to expungements within Canada. Click here to find out more about expungements.
What If I already have a Granted Criminal Rehabilitation?
If you have received a Criminal Rehabilitation for a single misdemeanour offence (considered a summary offence in Canada), you may be eligible for a Nexus Card application. If you received a Criminal Rehabilitation for more than one misdemeanour offence, it is likely your Nexus Card application will be denied.
If you would like to apply for a Record Suspension Application, Criminal Rehabilitation Application or other serious criminality, contact AllCleared today for a free consultation at 1 (866) 972-7366.
