Travelling is stressful without the additional worry of being denied entry because of a criminal record. In most cases, border officers of the country you’re visiting will determine whether or not you are allowed entry. How a criminal record affects your travel plans will vary from country to country.
Travel between the US and Canada is relatively strict. Travelers who have committed “crimes involving moral turpitude” may be denied entry at the US border. These offences include theft, fraud, tax evasion, murder and more. Travelers to the US may be denied entry for any antiquated offences appearing on their record.
When traveling to the US, be advised that Canada and the US share border security information. Border officers may access your record at will. They may also ask you to voluntarily disclose information regarding your record. In both cases, compliance is advised. Visiting Canada with a criminal record is difficult due to the ability of Customs officials to search the FBI database. Likewise, US border guards are able to search Canadian criminal records.
Besides the “type” of offence, the time since an offence is committed may factor into your admission. In countries such as the UK, you may overcome inadmissibility if you committed or were convicted of an offence carrying less than a five-year prison term. If your conviction resulted in a fine or imprisonment of less than six months, you may be deemed rehabilitated after five years or less from when sentencing for an offence is carried out. Imprisonment of 6 to 30 months may take 10 years to be deemed naturally rehabilitated.
It is not always feasible to wait 5 to 10 years to be deemed rehabilitated, especially when traveling to countries, such as the US, where automatic rehabilitation is not recognized.
Similarly, there are crimes that will make you inadmissible to Canada, in which case you may need to apply for a Temporary Resident Permit (TRP) or Canadian Waiver.
Travelling with a criminal record tips
Travel Waivers
If you have a criminal record, applying for a travel waiver before travelling may be a safer bet than hoping your destination country does not check for past convictions and misdemeanors. Most countries outside the US and Canada do not have a travel waiver program, but will decide each case individually.
Record Suspension
If you are a frequent traveler however, applying at a border or consulate, each time you travel is not be a durable solution. Applying for a Record Suspension is a more permanent solution.
To erase records of criminal conviction, you must apply for and be granted a Record Suspension. After a waiting period of 5 or 10 years, most records of criminal conviction become eligible for suspension.
While a Canadian pardon may not be automatically transferable to your destination country, it can act as proof of your rehabilitation. Most importantly, it allows you to answer truthfully to questions regarding your record.
Keep in mind that the US does not recognize Canadian pardons or Record Suspensions. You must apply for a US Entry Waiver.
If you are ready to move forward with your future and enjoy the freedom of travel, contact us today for a free consultation at 1-866-972-7366. Share your goals with us and we’ll help you find the right application.
I applied 2008 for a UD Waiver and was denied through your Company. My incident happened in 2005 in Miami ,Florida. I was given a 5 year probation if returning to The state of Florida ,in 2006
Hi James, Sorry to hear that the US government denied your waiver. As it has been 10 years, you might want to consider applying again. Please give us a call for a free consultation about your specific situation at 1-866-972-7366.
Hi Wayne, Thank you for sharing your story. We would like to make it easier for people like you to move forward from their past. Please, visit our website at lifttheburden.ca to learn about our petition to the Canadian government. Sorry to hear that your pardon was denied. Please give us a call if you would like to discuss your case and see if there is anything we can help you with at 1-866-972-7366.
a friend was getting married so we had one last party with him being an unmarried man.there was lots of booze and things got out of control.there was some damage done to peoples cars.a whole bunch of us were charged with mischief and property damage.i have never been in trouble with the law before.i did not serve any prison time but got a few months of house arrest and a huge fine in which I paid.my probation officer saw no need in keeping me on probation and I was let go early.one stupid drunken night ruined my life.i was overwhelmed with guilt.so I ask,with the u.s. with strict rules about entering their country why should I even bother to get a pardon if it does not help me.i have a lot of family in the u.s. I can not visit anymore.but paying for a pardon now does not make sense.there are no guarantees.this incident happened over three years ago.
Hi Richard, A pardon is mostly for applying for jobs. It may also help if you needed a visa to visit a foreign country. However, if your primary concern is being allowed to enter the United States, you should apply for a US Entry Waiver. Have you investigated whether you need a waiver to enter the US? It depends on the seriousness of the mischief charge. Please give us a call for a free consultation to determine whether or not you can cross the border with a waiver at 1-866-972-7366.