Need some help - US Customs

[the_bUg]

So, I have 1 detail to sort out before I can start planning my first WDW trip in earnest. See, when I was 19 I tried to cross the US border but was refused entry due to having an outstanding warrant for my arrest.

Now, this was all a misunderstanding. I was unaware there was an outstanding warrant for my arrest as I was unaware that I had ever had any charges pressed against me. I never received a summons to appear for a petty theft charge that was laid against me @ 15 years old, and due to failing to appear a warrant was subsequently issued.

So, US customs has on record that I tried to cross the border several years ago, while there was an outstanding warrant for my arrest. Now, when I returned home, I contacted the courts, appeared before a judge and cleared up the charges, which were subsequently dropped. So, I have no criminal record, however I know that the American Government keeps records of these things and that they do not update these records should the status change in the country of origin.

So long story short, what I'm wondering is, does anyone know whom I could contact (what US agency) to determine my eligibility to enter? I'm clueless as to where to start. Any help you can offer would be greatly appreciated. Thanks in advance everyone! :

 

[irisesareblue]

You could call US Border Services at whatever crossing you use and verify, but I would think that you should get a copy of your criminal record and carry it with you - if they have record of your being stopped all those years ago, explain that it was a misunderstanding and produce the copy of the clear criminal record.

I can't see any reason for your being refused entry, but check with the US Border Services guys and they will know. If they sound hesitant, ask to speak to a supervisor.

 

[vacation_junkie]

So, I have 1 detail to sort out before I can start planning my first WDW trip in earnest. See, when I was 19 I tried to cross the US border but was refused entry due to having an outstanding warrant for my arrest.

Now, this was all a misunderstanding. I was unaware there was an outstanding warrant for my arrest as I was unaware that I had ever had any charges pressed against me. I never received a summons to appear for a petty theft charge that was laid against me @ 15 years old, and due to failing to appear a warrant was subsequently issued.

So, US customs has on record that I tried to cross the border several years ago, while there was an outstanding warrant for my arrest. Now, when I returned home, I contacted the courts, appeared before a judge and cleared up the charges, which were subsequently dropped. So, I have no criminal record, however I know that the American Government keeps records of these things and that they do not update these records should the status change in the country of origin.

So long story short, what I'm wondering is, does anyone know whom I could contact (what US agency) to determine my eligibility to enter? I'm clueless as to where to start. Any help you can offer would be greatly appreciated. Thanks in advance everyone! :

#2 you must apply for a pardon from your old charge so they won't let you cross when they swipe your passport through!!!

Look at the below link..it should give you some useful info!


http://www.pardons.org/pardons_faqs.html

 

[tabithakp]

you will need a pardon!

 

[twokids0204]

you will need a pardon!

Or scuba gear and a small flashlight.

 

[irisesareblue]

you will need a pardon!

I'm sorry but I must have misunderstood - were you not cleared of all charges, therefore no conviction? - if so, you don't need a pardon as there is nothing to pardon. From my undersanding, only convictions can be pardoned.

 

[Rita007]

Or scuba gear and a small flashlight.

Literally made me laugh out loud...

 

[vacation_junkie]

I'm sorry but I must have misunderstood - were you not cleared of all charges, therefore no conviction? - if so, you don't need a pardon as there is nothing to pardon. From my undersanding, only convictions can be pardoned.

If there was a record of any sort he needs to apply for a US Travel Waiver.

If there was any charges he needs to apply for a Pardon.

 

[minniesnana]

Actually I know the exact answer to this because I'm going through the exact same thing. You need a copy of the disposition from the courts showing the charges were stayed and 99% of the time you will be able to cross without a problem. However, the one time I got someone in training opened myself up to 2 hours of verbal abuse and I wasn't allowed to enter. If you want to chance on the 1% that you might be turned back the court papers will be sufficient otherwise you can get a lifetime waiver for a small fortune and an 8 month wait.

 

[MammaKat]

from someone who has knowledge of the courts - and no, I'm not a lawyer!
got to:
http://www.npb-cnlc.gc.ca

this is the CDN GOVT site about Pardons

It usually costs depending on the police dept $50 -$100 for the fingerprinting and criminal record search, and I believe currently $50 but increasing up to $150

this is from their FAQ's:
applicants will continue to have access to professional assistance in completing their pardon application forms through the NPB’s toll-free pardons information line at 1-800-874-2652.

NOTE: get a certified copy of all your documents so you can apply for a Waiver when you apply for a Pardon.

Once you get a Pardon, your files are sealed and you have to get a court order to get information out again!

this is from the US GOVT WEBSITE
Canadian Citizens

Canadian citizens with any criminal record may try to contact the U.S. Department of Homeland Security / Customs and Border Protection (DHS/CBP) at a Port of Entry well in advance of travel to the United States to determine whether their criminality makes them ineligible for admission without a waiver of ineligibility.

* Customs and Border Protection

If you are ineligible to enter the United States, you may apply for a waiver of ineligibility. This will involve completing Form I-192: Advance Permission to Enter the United States. This form is available from DHS/CBP from CBP at either a U.S Port of Entry, or at any Canadian airport with a U.S. preclearance facility (Vancouver, Calgary, Edmonton, Winnipeg, Toronto, Ottawa, and Montréal-Trudeau). The form(s) can also be downloaded from the Internet at the USCIS web site. CBP Ottawa Airport accepts applications 12:30-3:00, M-F. There is a fee of US$545 and it may take several months to process your application.


Also, depending on what province you are in, there are different procedures to get info as well, and depending on how old the matter is, they may not be able to retrieve anything.

Talk to US Border Services - they are the ones making the decisions!