Updated July 20, 2022
Canada and the United States have a strong history of criminal record sharing. This often becomes an issue for Canadians who attempt to cross into the United States, and are denied due to their criminal record. United States Customs and Border Protection (USCBP) are one agency that is able to access Canadian criminal records. They can do this by checking the Canadian Police Information Centre (CPIC), which is the repository for all Canadian federal criminal records.
Information such as this has been shared with the United States for quite some time, but soon the United States and Canada may be doing an increased amount of criminal record sharing. A new perimeter security deal between the two countries is planned to come into effect by the year 2014, and outlines new initiatives such as biographic and biometric data sharing; which would include photographs, fingerprints, and other personal information. These new initiatives have caused concern with Canadians about what might be done with their records, and who they might become available to. It’s also important to note that, in Canada, criminal records and police files are accessed by using an individual’s fingerprints, and so releasing fingerprint information may also result in greater accessibility of Canadian criminal records to non-Canadian agencies.
Anyone who is charged with a criminal offence in Canada has their fingerprints taken, and a record of this charge is stored in CPIC along with that person’s biographic information. Currently, USCBP is required to take an individual’s fingerprints in order to confirm his or her criminal record in Canada, but this may not be the case in the future. This is a potential problem especially for Canadians who have been able to cross the border without issue for years, despite having a prior criminal record. There have also been concerns about how data from prospective Canadian immigrants will be shared with the United States, who may then forward that information to third countries.
Visiting Canada with a criminal record is also more difficult due to criminal record sharing.
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If you are concerned about the United States’ access to your criminal record and criminal record sharing, you may want to have your record cleared from CPIC prior to these legislative and privacy changes being made. To do so, you would require a Record Suspension (formerly known as a Canadian Pardon). Since this application can take up to a year to complete in some cases, we recommend you apply today to have your criminal record cleared as soon as possible.
Additionally, if you are denied entry into the United States due to these increasingly stringent security protocols, you will be required to obtain a United States Entry Waiver if you wish to continue traveling into or through the United States. Compiling this application is a service that Pardon Services Canada has been providing for many years, and will gladly provide to you. If you have any questions about this, don’t hesitate to contact our offices for a free consultation.
I was charged in us for criminal office and was deported from there as I cannot go to us can I come to Canada and let me in as the offense happened 10 year ago
Hi Bhatti, If you had only one crime and it was more than 10 years ago, you may be able to enter Canada. However, the crime cannot be very serious. If it was a very serious crime you may need to apply for “individual rehabilitation.” You might want to look at this page for more information. http://www.cic.gc.ca/english/information/inadmissibility/rehabilitation.asp
do Europe countries share criminal record with Canada. Norway for example?
Hi Kevin,
As far as we know the only country that has access to Canada’s database of criminal records (CPIC) is the United States. However, keep in mind that any country can choose to deny entry to you. They may ask you if you have a criminal record, or they might have other ways of finding out. You might want to double check with the embassies of the countries you plan to visit before your trip.
What about a person who is travlling from Europe to canada? Can the canadian border get access to Norwegian’s database of criminal records. For example a DUI of alcohol conviction three years ago?
Thanks for helping
Hi Kevin,
If you have a DUI you are inadmissible to Canada unless you get a Temporary Resident Permit (TRP). The CIC website says you must get the TRP before you apply for the eTA.
If you would like to discuss the process for obtaining the TRP, please email us. [email protected]
I was one of the people who was screwed over by the Tories as they basically changed my sentence just before it was completed. I would have been eligible for a Pardon this June 21 but it seems that I will now have to wait another 5 years because they changed the law retroactively in 2012.
I know that it is sometimes easier to get a US waiver and I may be eligible now because it has been 5 years since I completed probation.
My question for everyone is:
If I were to move to the States, would the criminal record checks done by employers have access to my Canadian record? I now have 2 diplomas and can’t find work in either field because of a mistake I made when I was 19 and is now 10 years in the past. So leaving the country that I love may be my only option.
Thanks
Hi Deaven, Sorry to hear that you are struggling due to a criminal record. It’s too bad that there is not enough awareness of the importance of employment for people with records. Employment helps people contribute and be part of society. Employers in the United States would not necessarily have access to your record. In the United States companies usually hire background checking companies that check various sources such as courthouses, police stations and the FBI database. They would need your permission to check the Canadian police database (CPIC). They may or may not do this. The bigger issue you would need to worry about is that US immigration would have access to your record. You could get a Waiver, but you would need to pass additional hurdles to get a work permit. It’s possible that if you get a work permit, your record could be added to the FBI database.
Their is some good news in that the BC Supreme Court has declared that the retroactive changes to the Criminal Records Act were unconstitutional. Right now, we think this just applies to BC residents. We are going to try to put some BC applications through, but it’s too soon to say how they will be accepted. There is another similar case pending in Ontario. It’s unfortunate that we had to wait this long, but it may happen sooner than the five years you need to wait to apply.
What is the situation for a Canadian citizen living legally in the States, but with a criminal record (non-violent/non-drug felon) in the States?
If that Canadian were to return to Canada, would the US criminal record follow him/her into Canada as well? Would employment/housing prospects suffer?
Hi T, Thank you for your question. When an employer or other agency conducts a criminal record check in Canada, they are checking the national database and local police records. Your record will not show up there if it is not in the Canadian database. Only the Canadian Border Services will have access to it through their information sharing agreements with the United States (and they are, of course, obligated to allow you to return). Unless employers can find out about your conviction through Google, you are probably safe, but you might want to try to get it expunged in the US if you can. Human rights legislation may not protect you if they were to find out about it because most provincial laws say that it is illegal to discriminate on the basis of a pardoned record or a record for which a Record Suspension has been received.
Is there an issue traveling if you have no conviction but still ended up with a 10 year weapons ban? I’m worried both about visiting the US and possibly going to school in Australia.
Hi Tom, It’s difficult to determine if you need a US Entry Waiver based on the information you provided. If you have stayed charges or discharges for something that the US would consider serious, it may prevent you from entering the US without a waiver. Australia may not have an issue with non-convictions, but you could double check with the consulate to be sure. Our advisers can help you determine if you need a waiver for the US. Give them a call at 1-866-972-7366.