DUI and crossing the border with a European passport?

[AnnieDan_Artlover]

Ok, the quote about not being able to enter Canada with a criminal record is written for non-Canadians VISITING Canada.

Anyone can get a passport, even with a criminal record. From my understanding (and I deal with inmates at prisons all the time) the only way you cannot get a passport is if you are currently serving a sentence (finishing out time "on the street" after doing prison time, parole, etc.) The glitch is whether or not the country you are entering will allow you to enter the country. There are lots of countries you can visit that don't care about a DUI (England, Cuba, most Caribbean countries) but the US is one of the countries that cares. And the thing here is that you can't lie about it - somehow someway the US border service has access to the criminal records database - and it probably works both ways.

The US is one such country, where, if you have a criminal record in your home country (ie Canada for this fellow as he carries a Canadian passport) you must meet their criteria for entry. For most folks, this means once you have a criminal record, you cannot enter the US unless you fill out a special application and pay an extra fee for clearance. In most cases, they only look at your for this special application after you have served your time, paid your fines and applied for a pardon through Correctional Services Canada.

From my understanding (and I say this kindly) - Don't let him try to get into the US either way - if you're turned back, you're then on their system and they'll hold it in their system for 7 years....statutes of limitations apparently.

Ride it out, have him get the pardon and then apply for the special visa thingy. It's a lot of paperwork but well worth it. It's a lot easier than worrying everytime you cross the border.

Sorry to be a wet blanket - it's a hard pill to swallow for him (and you!)

Don't worry, you're not a wet blanket!

The hard pill to swallow is my DB getting a DUI and me having to deal with it everyday.

You're pretty much confirming what I already thought and felt pretty sure about.
But HE was sooo sure about his thing...

I also was sure that the border people would know about both passports/citizenships and that it would serve nothing to use the European passport, as he still could have a problem.

I was also worried that Canada wouldn't let him back home... but we'll look into that if ever we decide to travel.

I knew about the pardon thing, I think it needs to be 5 years after the DUI sentence is pronounced (he hasn't even been to court yet, it could take years... slow justice system kills me), but we'll look into that.
It costs money and it's a lot of paperwork, as you said irisesareblue, but to have a liberated mind, it's totally worth it.

So... once again, thanks a million for all your help!

 

[minnie56]

Has he been convicted yet?? If he has been charged and not yet convicted, he can enter the U.S still. There should not be an issue there.

I guess we can hope that the consequences whatever they be are reasonable and lesson learned?