May 18, 2017

US entry: Can you enter the US with a Record Suspension?

By AllCleared | 3 Min Read

Don’t make the mistake of thinking a Record Suspension will help you with US entry. Many people have heard that the US border gets its information about Canadian records from the Canadian Police Information Centre (CPIC). Thus, they believe that if they seal their record it will be invisible to the American authorities.

Unfortunately, the US is much more thorough than that. They have access to all kinds of records, including suspended records. They can tell if you’ve ever been arrested even if the charges were withdrawn or discharged.

US Entry with a criminal record

If you have ever been flagged in their system, your name will show up at primary screening. A person is flagged when they get pulled over and the officials discover that they have a record. If your record is not something that they consider serious (for example, a DUI), they will generally allow you to continue on your way. However, if you have something on your record related to drugs or moral turpitude, you will be turned back to Canada and told not to enter without a waiver.

However, you do not need to be flagged in order for the officials to see a suspended record.

Rather than referring to the latest version of CPIC, the US will download the information and store it in their own servers, so they can continue to access it. If you get pulled over, the secondary screening officials will discover your pardoned record.

It’s important not to lie about a record or assume you can tell officials you don’t have a record. You may technically not have a record in Canada if you have a Record Suspension. However, you don’t want the border to think you lied, as this can make things worse.

If you have certain types of offences on your record, you will need to apply for a US Entry Waiver. When you apply for the Waiver, the officials will also want to know about a Record Suspension (or pardon) if you have one. You will need to provide a copy. You do not need a Record Suspension to enter the USA. As well, there is no waiting period, but officials will look at your application less favorably if it is recent.

Why apply for a Record Suspension?

If you are considering applying for a Record Suspension, you should do so for yourself or to achieve your goals in Canada. It can also be used to improve your visa applications for other countries, but keep in mind that other countries are not obliged to recognize Canadian pardons or Record Suspensions either. However, they are less likely to know about your record because CPIC is only shared with the US for now.

If your primary goal is to enter the United States, then you should apply for the US Entry Waiver. Many people apply for both because they want to put the past behind them once and for all. If you are ready to get started on your freedom, give us a call at 1-866-972-7366.