Are you wondering about Criminal Records, Pardons, and the NEXUS Program?Crossing the US-Canada border isn’t always a walk in the park. Even though the two countries have a friendly relationship, traveling between them can be a hassle. This is especially true for repeat travelers — all those little customs interactions add up!

Could applying for the NEXUS program make your travel experience smoother? It could, but only if the contents of your criminal record don’t get in the way. Here’s how it all works and whether a pardon might improve your odds of a successful application.

What Is the NEXUS Program?

NEXUS is an initiative that expedites border crossings. It serves the needs of travelers going from Canada to the US — or the other way around.

This program is similar to how pre-approved airport screenings work, but it applies to all forms of border crossing. If you’re a valid low-risk traveler, NEXUS lets you skip some of the normal formalities and zip through the line.

NEXUS is a collaborative effort of the Canada Border Services Agency (CBSA) and US Customs and Border Protection (CBP). To take advantage of the program, you need to apply to join and pay a non-refundable processing fee of $50 (USD).

If you succeed, you’ll get an official NEXUS card, and your membership will be valid for five years. This is contingent on you keeping all your personal info up to date, such as your passport data and immigration status.

It’s important to remember that NEXUS memberships only apply to individuals. For instance, if you’re traveling with your family, everyone will require their own NEXUS card. This includes family members under the age of 18.

The one-entry-per-person rule applies regardless of whether you’re traveling by plane, boat, or motor vehicle — everyone needs to have a valid NEXUS card for expedited screening. Your party also needs to have the right immigration documents on hand, such as work permits, visas, or digital Travel Authorizations.

NEXUS is a program designed to expedite the border clearance process for low-risk, pre-approved travelers into Canada and the United States.  Naturally, criminal records can hamper this process as they go against the “low-risk” requirement of obtaining a NEXUS Card. This is just one of many ways that having a criminal record in Canada can hamper your travel opportunities. If you are one of the millions of Canadians with a criminal record, and wish to look into obtaining a NEXUS pass, we have compiled some information that you should know.

The NEXUS program has some built-in restrictions. You can’t:

• Use your NEXUS membership to get other people across the border
• Transfer your card to others
• Use your membership while transporting commercial goods, including promo items and samples
• Use your membership while traveling with more than $10,000 (CAN) in currency or other monetary instruments

Why Join the NEXUS Program?

NEXUS isn’t for everyone. Even though it doesn’t cost much, it might not be worth the effort if you only cross the border from time to time. If you’re a frequent traveler, on the other hand, you’ll get a range of benefits.

NEXUS Benefits When Entering the United States:

• Access to Global Entry kiosks at eight Canadian airports
• Dedicated lanes at 16 designated land border crossings
• Faster processing at marine crossings

NEXUS Benefits When Entering Canada:

• Streamlined entry through self-serve NEXUS kiosks and eGates at nine major international airports
• Access to Transportation Security Administration (TSA) Pre-Check lines at over 200 US airports
• Access to dedicated vehicle lanes at 21 designated land border crossings
• Use of NEXUS eGates at key border locations, like Ontario’s Peace Bridge in Fort Erie and Ambassador Bridge in Windsor
• Expedited clearance through Canadian Air Transport Security Authority (CATSA) security screening lines where available

Criminal Records and the NEXUS Program

NEXUS simplifies the border-crossing experience. But it’s only available to those who qualify — travel efficiency and convenience don’t come at the cost of security measures. After all, agencies like CATSA and the TSA still want to protect travelers, communities, and transit networks from harm.

As this implies, your history matters. If you’ve got a criminal past, your chances of becoming a NEXUS traveler are likely in jeopardy unless you seek a record suspension.

How Does a Criminal Record Impact NEXUS Eligibility?

Criminal records play a huge role in your NEXUS status. Not only does this apply when you initially apply but also during your membership period.

NEXUS cards can be denied or revoked for various reasons. For instance, you could lose your membership by:

• Ignoring NEXUS program rules or trying to get around the requirements
• Breaking a law enforced by the CBP or CBSA, such as Canada’s Criminal Code — even if the customs agency is only administering the law on behalf of another government entity
• Violating customs and immigration rules or laws, such as Canada’s Immigration and Refugee Protection Act or Customs Act

 

Revocations happen on a per-case basis. Customs officials will decide whether to cancel your membership by looking at the totality of the circumstances. If you commit an act that warrants a suspension, you’ll have to sit out an ineligibility period before you can reapply:

• If you’ve gone against the NEXUS program legislation, your ineligibility period starts on the date you encountered law enforcement.
• If you violate NEXUS terms and conditions, your ineligibility period starts on the day of your violation.
• If you received a conviction for a criminal offense, you’ll have to complete your sentence and then serve an ineligibility period.

 

How long will you need to wait? It all comes down to the severity and reason behind your cancelation, and some membership revocations are permanent.

You’ll be ineligible to reapply if you:

• Commit an act of human smuggling or trafficking as described in Part 3 of the Immigration and Refugee Protection Act
• Receive a conviction for an offense involving illegal narcotics, controlled drugs or substances, weapons, or child pornography
• Commit a currency offense under the Criminal Code of Canada or the equivalent law of another country

 

You’ll have to wait 10 years if you:

• Break the Immigration and Refugee Protection Act
• Commit a summary offense under the Criminal Code of Canada, a US misdemeanor, or the equivalent law of another country
• Commit multiple prohibited acts or NEXUS violations

 

You’ll have to wait 2 years for:

• Facilitating the entry of a non-member, even if you don’t succeed in the attempt
• Transferring your card to another person, regardless of whether they use it

 

You’ll have to wait 1 year for:

• Not declaring goods that go beyond your specific personal exemption
• Traveling with commercial goods or promotional samples
• Not carrying the correct documentation while crossing the border
• Neglecting to update information that might change your NEXUS eligibility, including your immigration status

 

The following violations include variable waiting periods between 1 and 7 years:

• Breaking the Customs Act in a manner that results in a seizure or forfeiture that gets recorded in the Integrated Customs Enforcement System
• Entering or leaving Canada with currency worth $10,000 (CAN) or more unless you’re exempt
• Importing or otherwise carrying controlled, restricted, or prohibited organisms (such as animals or plants) or goods
• Possessing or importing weapons or firearms that are in any way prohibited or restricted

 

How Will My NEXUS Application Impact Future Travel?

Remember that customs agencies have a lot of discretion. They can and often do extend the ineligibility period for repeat violators.

It’s possible to appeal your rejection or cancellation. In the event that CBSA invalidates your membership, you’ll have 90 days to request a review if you’re notified in person. You’ll gain an additional 15 days if you’re notified by mail.

If CBP rejects your application or cancels your membership, you’ll need to ask for a review through the Trusted Traveler Programs System. This process requires you to submit to a complete background check with biometric fingerprinting and a personal interview.

Failing an application can also affect how easy it is to cross the border as a non-NEXUS traveler. This is because the program is a joint effort — government agencies share information despite being on opposite sides of the border. For instance, if your application turns up a violation of some law, you might find it harder to get a visa at a later date.

Although the CBSA doesn’t track details about NEXUS denials, the CBP is under no such obligation. Some travelers may be flagged or placed on watchlists depending on what’s in their criminal histories.

Can Getting a Record Suspension Help My NEXUS Application?

When you apply for NEXUS membership, both CBP and the CBSA check your history. This includes using your fingerprints to identify you and reviewing your travel documentation. They’ll also check your application to ensure that you provide current info and meet the requirements.

It doesn’t matter if the customs officials have no reason to suspect you individually. They still have to do their jobs properly by confirming you didn’t violate any laws or get suspended from NEXUS in the past. In other words, your criminal history has an impact on your eligibility, including not only convictions but also prior arrests.

Fortunately, there’s an intentional loophole in the CBSA rules. Canadian officials generally won’t deem you ineligible based on a conviction for which you received a pardon — also known as a record suspension. This leniency doesn’t go both ways, however: CBP is known to take a harder stance even with travelers who’ve received Canadian suspensions.

If you’re unsure of whether seeking a suspension will help, you should talk to an expert first. In some cases, you might be better off just traveling the normal way so that you don’t get flagged during the criminal record check.

The NEXUS program can be helpful for people with family on both sides of the border, truckers, and others who cross regularly. Although it’s not for everyone, its benefits definitely make it appealing. Before completing an application, be sure you know what’s on your criminal record and consider pursuing a suspension.

What Is The Process Of Applying For A Nexus Card?

You will need to report to an enrollment centre where a review of your original documents and a full interview will occur.

You will then be interviewed by a Canadian Border Service Agency (CBSA) and/or U.S. Center for Border Protection (CBP) officer, who will:

1. review the information you provided on your application form to make sure it is still valid;
2. verify your identity and review original documents such as proof of citizenship and residency documents, work permits and visas;
3. ensure that you meet all eligibility requirements for membership; and
4. your fingerprints will be taken.

Can I Apply For A Nexus Card If I Have A Record Suspension?

Yes, however for someone with a Pardon/Record Suspension, whether or not you will be approved is a much more difficult question to answer. According to the NEXUS website, you may NOT be eligible if:

you have been convicted of a serious criminal offence in any country for which you have not received a pardon (for U.S. background checks you may be questioned about your full criminal history, including arrests and pardons, which may exclude you from NEXUS);

When you report to the enrollment centre, a review of your original documents and a full interview will occur. When determining if you will be granted a NEXUS Card, you may be questioned by an officer about your full criminal history, including arrests and pardons. Both Canada and the United States must approve your application in order to become a member of the NEXUS program. Therefore, if one of the countries deems you ineligible, your application will be denied.

If I Am Denied A Nexus Card, Will It Affect My Future Travel?

According to NEXUS, details surrounding your denial will not appear on the CBSA’s records, however it is not known if the Department of Homeland Security will follow the same protocol. Those who have received a pardon and have never been denied at the USA border should be cautious of potentially putting themselves in a position where the US border agents could flag them for travel into their country due to the criminal background interviews conducted while applying for a NEXUS. As mentioned, an officer may ask you about your full criminal history during your interview. Because the US does not recognize a Pardon/Record Suspension, they may deem you to be ineligible for a NEXUS pass, and potentially flag you for future travel. Because of the potential risk of the US flagging your future travel based on any information gathered during the NEXUS application process, those with a Pardon/Record Suspension should consider forgoing the NEXUS process, and avoiding any possible complications with their travel into the US.

Contact AllCleared today to find out if you are eligible for a Record Suspension

Sources

Nexus Main Page & Contact Numbers

How to Apply

Enrollment Process & List of Nexus Enrollment Centres