Frequently Asked Questions

No, not all convictions will make you inadmissible to the United States. While most criminal convictions will provide sufficient grounds for a border official to deny you entry, the US border officials are given significant flexibility in determining whether or not an individual can be admitted into the United States.The principle criteria for whether a not an offence will render you inadmissible to the United States is if it is deemed an offence of “moral turpitude”. The term “moral turpitude” can apply to a wide variety of offences, but the most common elements of moral turpitude offences are:

• Fraud,
• Larceny, and
• Intent to harm persons or things

In addition, while they might not fit clearly into any of these elements of moral turpitude, drug offences are definitely considered by the United States to be offences of moral turpitude, and will almost certainly result in a denial of entry.Whether or not your offence(s) contained these elements to a significant degree will depend on the circumstances of the offences themselves, and so it is generally best to be honest and co-operative with the border officials if they ask you for the details regarding your specific offences. Some offences are generally not thought to be of moral turpitude, such as many driving offences. For example, U.S. Customs and Border Protection has been consistent in permitting an individual entry into the United States with a single impaired charge or DUI on their record. In cases where there is more than one of these offences, the border officials do reserve the right to deny you entry.Crimes that make you inadmissible to Canada will not necessarily make you inadmissible to the United States. For example, the United States does not normally bar people with drinking and driving convictions except in rare circumstances.If you do have a conviction that makes you inadmissible, you should apply for a US Entry Waiver.

AllCleared is experienced in pardons (Record Suspensions), US Entry Waivers and entering Canada with a criminal record. We have been helping clients since 1989! Our staff has more than 51 years of combined experience in completing waivers and pardons. We are very proud of our customer service which has earned us an A+ rating with the Better Business Bureau.Our team includes a registered immigration consultant.This professional qualification allows us to help US residents come to Canada with a Temporary Resident Permit (TRP) or Criminal Rehabilitation application.As well, we are partnered with the Orangeville, Ontario, police department. This is so that we can access your records and help you get cleared up to four months faster (based on currently posted RCMP processing times).

If you have been charged but not convicted of a criminal offence, you may still have a criminal record. These charges can show up as dismissed, withdrawn, stayed, or discharged on your federal criminal record.The details of your charge, as well as your personal information and fingerprints, are kept on file in the Canadian Police Information Centre (CPIC) database. In cases where an absolute or conditional discharge was granted, the charge may be purged after a period of one (1) or three (3) years, respectively. However, whether or not these charges are purged automatically depends on the arresting police force. Some police departments will automatically purge these records, although some may not.Be aware that prior to 1987, these retention periods for non-convictions were not yet in place. If you were charged with an offence prior to 1987 but received a conditional or absolute discharge, or the charges were stayed or withdrawn, then these records may very well still appear at the federal level on the CPIC database. To determine whether or not there are still records of non-convictions at the federal level, it is generally advisable to conduct a criminal record check of the CPIC database on yourself at your local police detachment.The process for removing records for non-convictions is known as a “purge” or “record destruction”. Record Suspension requires us to petition local police agencies and the RCMP headquarters in Ottawa in order to destroy outstanding charges on your criminal record. Additionally, this process will destroy any personal information regarding your charge stored at the local police level, such as photographs or fingerprints.

Yes, a Record Suspension or pardon can be revoked. This may happen, if you no longer appear to be living a law-abiding lifestyle.For example, the Parole Board of Canada can revoke a pardon or Record Suspension for the following reasons.

• You are convicted of an offence under a federal act or regulation of Canada following the receipt of your pardon. (e.g. the Criminal Code or the Controlled Drugs and Substances Act)
• The Parole Board of Canada finds that you are no longer of good conduct
• The Parole Board of Canada finds that a false or deceptive statement was made in the application process

Not all additional offences will result in a complete revocation of a Record Suspension or pardon. Being convicted of one count of driving over 80 mgs, for example, will not necessarily result in your Record Suspension or pardon being revoked. However, your previously sealed record can be factored into this decision. For example, that additional driving over 80 mgs conviction might not revoke a Record Suspension or pardon granted for a conviction of theft under $5000, but it may revoke a Record Suspension or pardon granted for previous driving over 80 mgs offence. This is because the additional offence repeats old behaviour, and is indicative of the fact that the applicant has not changed his or her lifestyle.Over 96 per cent of pardon applications granted by the Parole Board remain in effect however, so it is generally quite unlikely that a Pardon will be revoked. If this does happen, then the Parole Board of Canada will allow the applicant to make an appeal within 60 days. This appeal generally takes the form of a written letter of circumstance, and recommends the addition of any supporting documentation which helps address the reasons given by the Parole Board of Canada for revoking the application.

Yes, a spouse/common law partner and dependant children can accompany or follow a temporary worker to Canada. In many cases, persons entering Canada on a work permit may request that an open work permit be issued for their spouse/common law partner. In some instances, children may require a study permit to attend school in Canada.

You may or may not be eligible for a US Entry Waiver. Unlike a Canadian pardon or Record Suspension, there are no set eligibility requirements for US Entry Waivers. Technically anyone can file a US Waiver form to be submitted to the Department of Homeland Security (DHS), but the final decision as to whether or not this application will be granted rests solely with the DHS.There is no set checklist for whether or not a US Waiver will be granted by DHS, but there are several factors that are examined that can affect the decision, such as:

• The seriousness of the applicant’s offence(s)
• The quantity of offences on the applicant’s record
• The period of time which has elapsed since the applicant’s last offence
• The risk of harm to the United States if you are admitted
• Your stated purpose for entering the United States
• The length of time for which you wish to enter the United States
• The strength of your character references (included with your application)
• Complete honesty and accuracy in your written letter of circumstance (included with your application), as well as a demonstrated level of remorse

Additionally, DHS will look more closely at certain offences when determining whether a person is eligible. Offences involving the possession, production, or trafficking of drugs will often be taken very seriously by DHS, as will any sexual offence. Offences such as these will often require additional supporting documentation, such as a recent drug test, a letter from a psychiatrist, or any sort of certification for completion of a rehabilitation program. In some rare cases, an applicant with a serious sexual offence may be required to submit themselves for examination with a DHS certified panel physician.That said, you are eligible to apply, but you should ensure that your application is thorough and convincing.

Yes, you can enter the US with a DUI in most cases. A DUI is a criminal offence in Canada. It carries with it many serious consequences, including a criminal record, even after you have fulfilled any obligations such as paying fines or serving jail time.However, it is unlikely that a DUI conviction will prevent you from entering the US unless there are multiple offences or there are additional charges. If you have ever been denied entry, you would need a US Entry Waiver.A US Entry Waiver is provided by the Department of Homeland Security. Issued for a period of one, two or five years, it holds more authority than the staff at the borders. Even if you have a criminal record, with a waiver, you should be able to go to the US.When you try to go to the US, you may be required to disclose any items on your criminal record. If you were convicted of a DUI under the Criminal Code of Canada, you would have to disclose this. However, they will usually allow you to enter with a DUI, so stay calm and be truthful about it.

You apply for a pardon in Canada by making a Record Suspension application through the Parole Board of Canada. This is the government body that reviews and approves applications. In order to have your case assessed by the Parole Board of Canada, you must follow several specific steps. Since the steps are technical, you may want to get help from an agency that specializes in helping people with their criminal records.First, you must wait the prescribed amount of time before you are eligible for a pardon. This waiting period is 10 years for an indictable offence or five years for a summary offence. The period begins after you’ve finished your sentence, including payment of any fines. During that waiting period, you must have demonstrated “good conduct” by not having any additional convictions.You must obtain your criminal record from your current city and any city you’ve lived in over the past five years, and from the RCMP. You must get fingerprinted and fill out the application form provided by the Parole Board of Canada. The government of Canada also charges an application fee for the process.Depending on your circumstances, the Parole Board may also require your court information, military conduct sheet, court information or immigration documents. If these documents are necessary, you may be charged an additional fee by the government to obtain copies.The process may seem complicated, but it’s worth it when weighed against the burden of having a criminal record. You don’t have to do it alone; contact us to find out how we can help.