Anyone crossed the border with a 'smudge' on their record?

[crash2000]

Well he went to see his lawyer today to start the paperwork and they reccomended that he get the waiver since he had now been stopped at the border during entry. His was a DUI from back in the early 80's and it was still listed so they have to also petition the US side to have it removed from their system and they can choose not to if they wish. All told it could cost him upwards of 2 grand to have this all done and it still may not allow him into the US.

To the OP I wouldn't even risk trying to cross with something on your record just to be safe. I would make sure to start teh proceedings now to get it removed and save the headaches later. No matter how small something is you may think it will just cause more problems than it is worth if you don't get it fixed now.

thats crazy, you can do this on your own for way less, it envolves getting an rcmp finger print chack, a criminal record check from the arresting police force, and filling out the proper forms, then mailing it all out, took me 6 months start to finish to get my pardon... and prior to the pardon i traveled on a cruise to numerous ports of call, again no issues. if you want private message me

 

[SerinaEmily]

its says right at the us customes and border control website

http://www.cbp.gov/

it states "At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S. "


http://help.cbp.gov/cgi-bin/customs...F90ZXh0PWRlbmllZCBlbnRyeQ**&p_li=&p_topview=1

so maybe "nosy" should check her info at the source.

lets see i can assault someone, and gain entry but not threaten someone? come on get real...

you're awesome .. I've been looking for that website and couldn't find it .. I was looking for something in writing that said what is considered an 'offense' .. thank you so much

 

[OntFamily]

Years ago when the CNE had GOOD free concerts at the bandshell they had kinda the same problem with the Village People! The 'cop' had a rap sheet and was flagged when he tried to cross. After filling in some paper work and answering some questions he was able to enter the country. So if they let in the Village People then I think they will let your husband in.

It should be noted, this was Canada allowing an American with a criminal record, into Canada (albeit over 10 years ago when security was much looser. ID's weren't even checked regularly).

The OP was concerned about entering the USA with a criminal record.

 

[nosy parker]

its says right at the us customes and border control website

http://www.cbp.gov/

it states "At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S. "


http://help.cbp.gov/cgi-bin/customs...F90ZXh0PWRlbmllZCBlbnRyeQ**&p_li=&p_topview=1

so maybe "nosy" should check her info at the source.

lets see i can assault someone, and gain entry but not threaten someone? come on get real...

Why are you being so snarky and hostile??? I read the page you linked. After doing so, I understood it to mean that certain crimes such as murder rape etc. make you inadmissible to enter the U.S. Period. No waiver will be issued. However, for lesser crimes like assault, DUI, etc you are not 'inadmissible' but a waiver is required. I may be wrong, but that's what I interpreted it to mean. And I still do.

And since you quoted from the site:
"At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S."

Are you saying that people with criminal records for these crimes will have no problem entering the U.S.? No waiver needed? Because that's what it sounds like you're saying. And if that's the case, would you mind explaining why F4Disneyfan's father was denied entry last weekend? For a DUI from the 80's. Your logic doesn't seem to make sense.

your post doesn't make sense, if they could original see his offence, then obviously its in there system from the start.

No, it makes perfect sense. You read it incorrectly. Let me re-explain it for the third time and see if you can understand.
The U.S. and Canada share information about criminal records. However, it is not done automatically. When a Canadian is trying to cross the border their name gets punched into the system by the border guard. The U.S. system then communicates with the Canadian system and downloads the information (criminal record) at that moment. If there is a record the U.S. now has it in their system. They didn't know about it until that moment.
So imagine that a person who has a record never tries to cross the border. The U.S. will never know about their criminal record. If that person obtains a pardon their criminal record is sealed and removed from the Canadian system. Then if they try to enter the U.S. , their name will be punched into the system. The U.S. system will communicate with the Canadian system. Guess what? There is no criminal record (it was removed after the pardon). The U.S. will never know that person ever had a criminal record. No problem.

Get it now? This is what I was saying to F4Disneyfan. Her father's record was probably unknown to the U.S. until last weekend. Until they punched in his name. Then they got the info about it. He will now apply for a pardon, which will effectively seal and erase his criminal record from the Canadian system but it will still remain in the U.S. system. They will still be aware of it every time he tries to enter the U.S. in the future. I don't know if obtaining a pardon now will make it easier to get in. A waiver may still be required. According to the National Parole Board website a pardon does not guarantee entry into any country.

And quite honestly I'm really confused by your rude tone to me. I'm just trying to give the OP some help by sharing information that I have gathered. The reason I have looked into this is because I am faced with a very similar situation to the OP's. We are going on our very first family Disney trip next month. This includes me, DH, DD, DS and DS. Unfortunately it doesn't include my eldest DS. The reason is that he has a "smudge" on his record from a couple of years ago. He received a conditional discharge and therefore it is an automatic pardon after three years. This will be after our trip. We could have tried to obtain a waiver but chose not to for this very reason. Although it makes me really sad that our whole family is not going together (I definitely understand the OP's feelings!) I know that ultimately his not being barred from travel to the U.S. in the future is a better decision for him in the long run. I don't know what his future holds but if it requires going to the U.S. it will not be impeded by a criminal record on his file there.

Anyway, that was our (his) decision. I only offred this info to the OP because it was very important for us when we found all this out. You can only make the right decision when you are in possession of all the information. She and her family are quite free to do as they feel is best for them. I wish them a lovely trip.

 

[F4disneyfan]

thats crazy, you can do this on your own for way less, it envolves getting an rcmp finger print chack, a criminal record check from the arresting police force, and filling out the proper forms, then mailing it all out, took me 6 months start to finish to get my pardon... and prior to the pardon i traveled on a cruise to numerous ports of call, again no issues. if you want private message me

He is paying to get the waiver so he DOESN'T run into any further issues at the border as it is said better safe than sorry. I am sure he doesn't want a repeat of what happend recently.

 

[Lollipop's Mom]

My ex had a charge for not having guns locked (he was on his way home from hunting and got stopped for speeding, and ended up with a charge for not having locks on his guns - he was 19 and foolish). He had a criminal record for this. About 2.5 years later we didn't even think, and went across the border to go shopping and he had no problems at all. He did not have a passport, just a birth certificate. There was nothing to 'scan' in. Border patrol said 'where are you going?' we said across to go shopping and spend the night and he commented on how cute our daughter was and waved us through. The next year we went to Disney and flew from a Canadian airport - same thing, no passport and 'have fun guys'.
If you do it, I would NOT use a passport and cross by car. I cross the border almost weekly and before I had my passport, they just looked at our birth certificates and said 'have fun'. With 3 cute kids in the back seat on their way to see Mickey and excited, you should be fine. When you go to cross and they say purpose of the trip? - just say 'We are heading down to see the mouse at disney world!'. Have him use a birth certificate so it is not really 'scanable' and I am betting they will look at it, look at everyone elses and say 'have fun'. Dont act nervous at all and just smile. If they do find out, I would just say 'oh really? omg I had no idea' and be apologetic.

 

[bdoyledimou]

If that person obtains a pardon their criminal record is sealed and removed from the Canadian system. Then if they try to enter the U.S. , their name will be punched into the system. The U.S. system will communicate with the Canadian system. Guess what? There is no criminal record (it was removed after the pardon). The U.S. will never know that person ever had a criminal record. No problem.

This is not actually the case..

As a teenager i was convicted (In Canada) of an Armed Robbery under the YOA.
I was NOT guilty of it, and the police knew i was not guilty of it..
After i was convicted, one of cops came over and told me to appeal.
Once the appeal was completed, i was given an absolute discharge.

So a YOA charge and an absolute discharge. Pretty cut and dry..

Fast forward 20 years (2006) . Now an executive. Traveled all over the world, and have to go to a meeting in Detroit.

I get to the Sarnia border crossing and am asked, for the first time ever, if i have ever been arrested. I say no. (to be honest i wasn't even thinking about that incident)

The guard looks at his screen and tells me to park and go into the building.

The guard in there looks at his computer screen, and says.. "Have you ever been arrested?"

I look at him puzzled, and say no..

He squares his shoulders and says "Let me repeat this question slowly... Have YOU, EVER, been ARRESTED, at ANY TIME"

I paused and thought back and said.. "well there was the time when i was 16.. "

Guard: so why did you lie?
Me: Lie? I don't even really remember it.. it was a Young offender charge adn i got an absolute discharge...
Guard: But you DID get arrested.
Me: well , yeah..
Guard tapping on keyboard.. Okay have a good trip.

So.. it can happen at any time.. on any crossing even with a YOA and a Absolute discharge of the conviction.

Since then i have had many crossing without any further issues..

 

[b-1]

Never, ever lie to a border guard. ever.

 

[suprgrlx]

This is not actually the case..

As a teenager i was convicted (In Canada) of an Armed Robbery under the YOA.
I was NOT guilty of it, and the police knew i was not guilty of it..
After i was convicted, one of cops came over and told me to appeal.
Once the appeal was completed, i was given an absolute discharge.

So a YOA charge and an absolute discharge. Pretty cut and dry..

According to the National Parole Board website:

Does a person have to apply for a pardon if given an absolute or conditional discharge?

No. A person does not need to apply for a pardon if his/her criminal record consists only of absolute or conditional discharges. Absolute or conditional discharges handed down by the court on or after July 24, 1992 will automatically be removed from the CPIC computer system one year (absolute discharge) or three years (conditional discharge) after the court decision. For discharges given before July 24, 1992 to be removed from the record, a person must contact the RCMP at the following address:

Pardon & Purge Services
Information & Identification Services
Royal Canadian Mounted Police
P.O. Box 8885
Ottawa ON K1G 3M8
(613) 998-6158
http://www.rcmp-grc.gc.ca/crimrec/pandp_e.htm

So it sounds like if you got the discharge 20 years ago, it would still be in the system. However, if you get a pardon like nosy parker talks about, then according to the NPB website:

All information pertaining to convictions will be taken out of the Canadian Police Information Centre (CPIC) and may not be disclosed without permission from the Minister of Public Safety Canada.

Honestly however, I haven't dealt with any of this personally so you'd have to check to be sure. However, it does sound like you might be eligible for a pardon in your situation.

Good luck to the OP! Wish I could be more helpful!

 

[markopolo]

I have a 'smudge', in fact, I'm flagged, I get questioned and harrassed constantly when crossing the border, FAR WORSE when re-entering Canada. And unfortunately, it's because I've been charged with crimes, but not convicted, so I can't get a pardon or a waiver, and every time a cross the border, there's a chance they can just say no.
But I must say, for entering into the US, the border patrol at the airport is better then by car, but be prepared, they will smile to your face, and say go on through, but they will always notify the next gate you pass through to do a very full search of everything you have. They use that swab thing that goes in the computer, and checks for like a million different types of drugs or bomb-making residues. They swab my clothes, luggage, anything my hand touches, wallet, etc. But ultimately, I think 'national security' is priority #1, that combined with what kind of day the guys having, and you have a better chance of getting though the border, but you just never know...

 

[jtdl]

Sorry if I'm repeating anything here but I didn't want to read through all the replies. My DH had pretty much the exact same scenario along with a couple of other infractions of the law. He was told he needed a waiver. He spent over $1200 and 2 years and still did not receive his waiver. I cross the border quite frequently and so asked a US customs officer. He said assaults are not inadmissable (not a federal offence) unless it is something like assault with intent to maim - attempted murder. He told me to go into the customs office and get a form form my husband to fill out - unfortunately this was several years ago so I don't remember what it was called but it was for advance permission to enter the US. He filled it out, sent a copy of his criminal record with it and got an official letter back from U.S. Department of Justice, Immigration and Naturalization stating that "your criminal record is for crimes that do not make you inadmissible to the United States". It states on the letter "you may wish to present this letter at such a time as you apply for admission to the United States". So he keeps a copy in his wallet and shows it whenever they make like they are going to send him into customs. It took a very short time for him to get this letter after sending off the initial application - it did not cost anything other than the stamp on the envelop.

 

[Honeystar120608]

I wasnt sure if I should start a new thread or not.
For what it is worth, we have crossed the NB/Maine border 2-3 times in the last 1.5 years and one fella didn't even take our IDs. Just asked what we were doing and where we were going.

I have a question about only giving birth certificates. I thought License or picture IDs were required?

My dh about 4-5 years ago was arrested (he turned himself in) after a cop arriving to his work (which was in NS) telling him there is a warrant out for his arrest in NB. So DH drove back here and went straight to the police station. Where they officially arrested him... didn't use handcuffs (not that it matters). He was then transported to the jurisdiction where his speeding ticket which was way past due hence his arrest. There may have been 2 tickets, I really don't remember. But they did a plea bargain and he, i think, pleaded guilty. He thinks it will eventually disappear and that since he did everything he could to do to assist in the court that all should be alright. Really, I don't think he has read enough to know. God love my dh, but I think he is being a little naive.
Granted we don't have the time for a pardon and what not and we will still be going as we normally do.

I do want to say that the fact of having kids in the back seat all hyped up for Disney World will help. Ok, law is law. I get that, and appearances can be just that. Just try not to look panic'd and enjoy yourself. Make sure you don't have any foods and such in the car. Like meats... this will make them pause with you. Our first trip to NH as a family and since dh's incident we had a cooler with sandwich sliced roast beef (headed from a family reunion) and he said just to make sure we consume it soon. lol He didn't even make us throw it out.

All in all, it is luck of the draw in who you get, their moods, and there isn't anything more we can do but be excited for DW.

Im also a bit concerned if the vehicle plays a factor at all. We had a 2002 Dodge Caravan before now. Total family vehicle. Now we have a 2008 Dodge Charger. Much more sporty and Im afraid that because of this they could prejudge. In our case, I suppose they have right to. Even though DH seriously drives the speed limit exactly. He has kids now, respects his vehicles more. His experience with the law really did change him as he lost his license for a year. (and it was HELL on me )

Ok, sorry for the long post!

 

[bdoyledimou]

I wasnt sure if I should start a new thread or not.
For what it is worth, we have crossed the NB/Maine border 2-3 times in the last 1.5 years and one fella didn't even take our IDs. Just asked what we were doing and where we were going.

I have a question about only giving birth certificates. I thought License or picture IDs were required?

My dh about 4-5 years ago was arrested (he turned himself in) after a cop arriving to his work (which was in NS) telling him there is a warrant out for his arrest in NB. So DH drove back here and went straight to the police station. Where they officially arrested him... didn't use handcuffs (not that it matters). He was then transported to the jurisdiction where his speeding ticket which was way past due hence his arrest. There may have been 2 tickets, I really don't remember. But they did a plea bargain and he, i think, pleaded guilty. He thinks it will eventually disappear and that since he did everything he could to do to assist in the court that all should be alright. Really, I don't think he has read enough to know. God love my dh, but I think he is being a little naive.
Granted we don't have the time for a pardon and what not and we will still be going as we normally do.

I do want to say that the fact of having kids in the back seat all hyped up for Disney World will help. Ok, law is law. I get that, and appearances can be just that. Just try not to look panic'd and enjoy yourself. Make sure you don't have any foods and such in the car. Like meats... this will make them pause with you. Our first trip to NH as a family and since dh's incident we had a cooler with sandwich sliced roast beef (headed from a family reunion) and he said just to make sure we consume it soon. lol He didn't even make us throw it out.

All in all, it is luck of the draw in who you get, their moods, and there isn't anything more we can do but be excited for DW.

Im also a bit concerned if the vehicle plays a factor at all. We had a 2002 Dodge Caravan before now. Total family vehicle. Now we have a 2008 Dodge Charger. Much more sporty and Im afraid that because of this they could prejudge. In our case, I suppose they have right to. Even though DH seriously drives the speed limit exactly. He has kids now, respects his vehicles more. His experience with the law really did change him as he lost his license for a year. (and it was HELL on me )

Ok, sorry for the long post!

I don't think getting a bench warrant for unpaid speeding fines is an inadmissible offense

But if he is asked if he has ever been arrested, he just says yes, and tells them it was for unpaid speeding tickets.

 

[maryrego]

My dad had to get the pardon from the US govt there is a link on the US Customs and border protection Website its basically a letter that he keeps with his travels documents and he just shows it with his passport everytime he crosses the boarder.

He traveled for years back and forth with out a problem one day he was crossing in Windsor / Detroit and he had a really nasty officer they wouldnt let hom in because he was arrested back when he was young and foolish. Ever sice that day he always gets stopped at the boarder and we have to go into the office and show the paper.

I believe it takes about 3-5 months

 

[Ham Ham]

Oddly enough I picked up the license for our dog just last week.

Click on headline for link to tbo.com

TIA Police Bag Incoming Passenger On Doggie Charges

Published: October 13, 2008


Tampa International Airport learned from Canada customs that Robert Christianson had warrants for his arrest and was traveling on a Delta flight, TIA police say.

When Christianson got off the plane at 4:55 p.m. Sunday, he was arrested on warrants for two misdemeanors: having a dog running at large and having no license for a dog.

Bail for Christianson, 64, of Palm Harbor, was set at $326. He has been released.