Passport/Criminal record Question

[Open Season]

I had a couple of impaired's in the late 80's and I have crossed the states border 8x in the last 3 years both bu ground and air and have never even been asked about a record or given any grief.

 

[dogsmack]

Lets face it, there are many factors that can or could effect entry in the USA. Undoubtly some are subject to the attitude of the officer you get the pleasure of dealing with at the time and that my friends is a giant heavy hauler full of horse crap!, but it is what it is.

-understand the rules the USA is looking for, not Canadian or some guy off Snowandmud as we are all correct in one way shape or form as we are all wrong. Laws and legislation documents supplied by the US gov't is what you want.

-get your passport and do a couple dry runs

-don't act like a criminal or up in your face difiant of "THE MAN" attitude when crossing. Pack your luggage properly, don't give them a reason to search it.

-Weapons, drugs and Robbery are a diffinate do not pass, violent offense I question as I have an assualt causing bodily harm from a bar fight. I haven't been stopped yet and we go to the states enough we have applied for Nexus passes and they are going fine.

-Jamiaca and Cuba are direct from most Canadian airports for a reason and you won't run into a single American in Cuba as it is illegal for them. All else fails you can go there.


My wife is British, I let her do all the talking while I try and look as whipped as possible carrying all the bags. When I'm asked I simply say yes sir a very long time ago. So far so good, fingers crossed as I am SH!T baked nervous every damn time I cross. Like the rest of us who have made a mistake or two criminals we are not, and shouldn't be made to feel like it still.

May I suggest Batista's Hole in the Wall Italian Restarant in Vegas as well. Food is great and the wine is free.

 

[Highfly]

If anyone wants to know ANYTHING about a Passport or the Passport process send me a Private PM. My wife is a Passport Officer......

 

[teeroy]

.........you won't run into a single American in Cuba as it is illegal for them. All else fails you can go there.

this is not true. yes, it is illegal for them to fly to Cuba from the US, but they will fly to another country that doesn't care where they go and then board onto another flight to Cuba.

 

[250mark1]

-Jamiaca and Cuba are direct from most Canadian airports for a reason and you won't run into a single American in Cuba as it is illegal for them.



There are lots of Americans that go to Cuba they just have to go to canada or Mexico or a Caribbean country to go there
we saw large groups of them in varadero and Havana when we were there and they were not hiding the fact they were American ( flags etc ) besides you can't hide a southern drawl

 

[teeroy]

-Jamiaca and Cuba are direct from most Canadian airports for a reason and you won't run into a single American in Cuba as it is illegal for them.



There are lots of Americans that go to Cuba they just have to go to canada or Mexico or a Caribbean country to go there
we saw large groups of them in varadero and Havana when we were there and they were not hiding the fact they were American ( flags etc ) besides you can't hide a southern drawl

you can see the change in attitude of the locals the second they hear you talk and figure out you are not American. they treat Canadians like royalty in Cuba. beautiful country

 

[moyiesledhead]

I get asked every time I go to the US if I've ever been arrested. Always answer honestly as I'm pretty sure they're looking right at it on their computer. Never been denied entry yet.

 

[CamoKVF700]

I'm in this mess right now. It was 24 years ago and was not a violent crime. Just a fat, bitchy US border chick. Get a pardon first. Once you get a pardon, the US can't access your record cause you don't have one any longer. Try to cross before your pardon and if they turn you around... after a lengthy stay getting fingerprinted etc by them, you will need a US waiver until you die. I started out with 2 years. Then 3 years. I hope the next one they give me will be 5 cause its fricken expensive. And it takes 10-12 months waiting after you submit it to them and pay.

 

[hbar218]

i had an impaired charge and a weapons charge from 20 years ago , got a pardon for both about 10 years ago, have been to the states quite a bit. I get asked once in awhile if i have a crimminal record, i say yes, they say what for, i tell them , no problem. I dont think the weapon charge is a big deal to americans because they believe in the right to carry guns. However as someone else said i would make some phone calls as it doesnt matter what snowandmudders say it is what the border dude says.

 

[Summiteer]

I'm in this mess right now. It was 24 years ago and was not a violent crime. Just a fat, bitchy US border chick. Get a pardon first. Once you get a pardon, the US can't access your record cause you don't have one any longer. Try to cross before your pardon and if they turn you around... after a lengthy stay getting fingerprinted etc by them, you will need a US waiver until you die. I started out with 2 years. Then 3 years. I hope the next one they give me will be 5 cause its fricken expensive. And it takes 10-12 months waiting after you submit it to them and pay.

Not true, you still have a record but it says that you have been pardoned for it. In Canada you only have to disclose any charge that you have not been pardoned for. In the US this means nothing, they can still access your criminal record.
"If you have any criminal record, no matter how minor or how long ago the offense, you may be refused a visa or entry to the United States. There may also be problems in traveling through U.S. airports. Under U.S. law, a pardon issued by Canadian authorities is not recognized for purposes of entry into the United States. Even though you may have entered the United States without hindrance in the past, you may be denied entry at a future date based upon disclosure/discovery of your criminality".
Quote from the US embassy web site

 

[dogsmack]

this is not true. yes, it is illegal for them to fly to Cuba from the US, but they will fly to another country that doesn't care where they go and then board onto another flight to Cuba.

OK!!! I stand corrected, yes Americans do go to cuba via Canada, a smart American won't be acting like an American which validates my point. That is why Cuba Customs stamps your boarding pass and not your passport as it creates grief if you as a Canadian goes to the USA after and Cuba is stamped in your passport.

Snowandmudders are a tough critical bunch.

 

[snopro]

OK!!! I stand corrected, yes Americans do go to cuba via Canada, a smart American won't be acting like an American which validates my point. That is why Cuba Customs stamps your boarding pass and not your passport as it creates grief if you as a Canadian goes to the USA after and Cuba is stamped in your passport.

Snowandmudders are a tough critical bunch.

You gotta bring your A game when you post on this site. Lol.

 

[waynemags]

ill give you my experience. first off if you pled guilty u have a record. also keep in mind that even young offender records ARE NOT sealed to the US customs. they can and will see and find everything. i know this from experience. ive been getting hassled since 2001. i had an L1B work visa after i had a charge in the US and charges years ago in canada. i crossed for many years after 2001 (thats when i was thrown in US jail) with a record and my work visa. i did all the paperwork and went through all the FBI crap to get that work visa. about 3 years ago wife and i were going to sturgis,. the bitch at the border and i do mean bitch pulled me in like normal. ( every time i cross its about a minimum 2hr ordeal). anyways she pulled me in, ran my name, got my records, took my L1B work visa and ripped it up. stamped my passport saying denied entry. i then faught for another year applying for a US waiver. one day a year later after paying my 500 buck for the waiver fee i got a letter in the mail from the dept of homeland security stating that i am eligible to enter the US without a waiver, but am still subject to search and investigation. i was also told to carry this letter everytime and show it right away. it has worked fine since then. but i recently went on a bike trip last year to the states. the border patrol looked at my letter, pulled me in, locked me up and investigated it. he then said i might not be doing my trip as he feels that the letter as far as he was concerned was a mistake. after about 3hr wait and multiple interviews with immigration and managers on duty he let me go. i guess what im saying is dont for a minute think that just because you get a US waiver you will get in. also DO NOT get a canadian pardon. the US can see that you have been pardoned in canada but cant see what it was for, therefor raising multiple questions about what and why you were pardoned. they may not believe that it was a minor crime because they cant see it. all they see is a file that they cant read. the will assume the worst. if youre going to do anything apply for the waiver. get youre court records, follow the rules of the waiver as far as the application goes to the T. dont miss anything. yes sir no sir. dont tell them anything that they7 dont ask for when u do go to cross. i have been through this ch!t woith the border for may years. its a nightmare to say the least. just be prepared that one day some douchebag border patrol or immigration officer is haveing a bad day and wants to mess with your life. they will and they will sleep fine at ni9ght ikm sure. there are no gaurantees when it comes to this. they refused me entry after the department of homeland security issued me my work visa and used it for almost 4 years. that tells u something.

 

[kjb]

ill give you my experience. first off if you pled guilty u have a record. also keep in mind that even young offender records ARE NOT sealed to the US customs. they can and will see and find everything. i know this from experience. ive been getting hassled since 2001. i had an L1B work visa after i had a charge in the US and charges years ago in canada. i crossed for many years after 2001 (thats when i was thrown in US jail) with a record and my work visa. i did all the paperwork and went through all the FBI crap to get that work visa. about 3 years ago wife and i were going to sturgis,. the bitch at the border and i do mean bitch pulled me in like normal. ( every time i cross its about a minimum 2hr ordeal). anyways she pulled me in, ran my name, got my records, took my L1B work visa and ripped it up. stamped my passport saying denied entry. i then faught for another year applying for a US waiver. one day a year later after paying my 500 buck for the waiver fee i got a letter in the mail from the dept of homeland security stating that i am eligible to enter the US without a waiver, but am still subject to search and investigation. i was also told to carry this letter everytime and show it right away. it has worked fine since then. but i recently went on a bike trip last year to the states. the border patrol looked at my letter, pulled me in, locked me up and investigated it. he then said i might not be doing my trip as he feels that the letter as far as he was concerned was a mistake. after about 3hr wait and multiple interviews with immigration and managers on duty he let me go. i guess what im saying is dont for a minute think that just because you get a US waiver you will get in. also DO NOT get a canadian pardon. therefor raising multiple questions about what and why you were pardoned. they may not believe that it was a minor crime because they cant see it.. the will assume the worst. if youre going to do anything apply for the waiver. get youre court records, follow the rules of the waiver as far as the application goes to the T. dont miss anything. yes sir no sir. dont tell them anything that they7 dont ask for when u do go to cross. i have been through this ch!t woith the border for may years. its a nightmare to say the least. just be prepared that one day some douchebag border patrol or immigration officer is haveing a bad day and wants to mess with your life. they will and they will sleep fine at ni9ght ikm sure. there are no gaurantees when it comes to this. they refused me entry after the department of homeland security issued me my work visa and used it for almost 4 years. that tells u something.

How do you know "the US can see that you have been pardoned in canada but cant see what it was for," ,"all they see is a file that they cant read"

My ex was told by pardons canada that a pardon seals your criminal convictions and the only way anyone can see it is if they apply to the governor general to open up the file. The RCMP have to follow that route. They also told her that the US did not have access to it as well. Get this, she was also told that now that she had a pardon, if she had not been across the border since her arrest and the US customs had never been told by her about her conviction that she should say NO if asked if she had ever been arrested and they would not have any information about it. The moment you admit to anything they could document it and it would stay there for ever. Just say No pardons said. She has gone across the border many times since and as far as I know she still goes across hassle free. I would call pardons canada and check that out first before I would play that game with US customs. US custom don't acknowledge a canadian pardon, It comes down to their discretion. Happy travels.

 

[Summiteer]

this is not true. yes, it is illegal for them to fly to Cuba from the US, but they will fly to another country that doesn't care where they go and then board onto another flight to Cuba.

I believe that it is still technically illegal for an American citizen to go to Cuba without permission......I have been wrong before however.

 

[teeroy]

I believe that it is still technically illegal for an American citizen to go to Cuba without permission......I have been wrong before however.

you are right it seems, a quick search says they have to have a special document allowing them to go. fines for non compliance can be quite substantial apparently, but not often enforced. silly yankees

 

[waynemags]

How do you know "the US can see that you have been pardoned in canada but cant see what it was for," ,"all they see is a file that they cant read"

My ex was told by pardons canada that a pardon seals your criminal convictions and the only way anyone can see it is if they apply to the governor general to open up the file. The RCMP have to follow that route. They also told her that the US did not have access to it as well. Get this, she was also told that now that she had a pardon, if she had not been across the border since her arrest and the US customs had never been told by her about her conviction that she should say NO if asked if she had ever been arrested and they would not have any information about it. The moment you admit to anything they could document it and it would stay there for ever. Just say No pardons said. She has gone across the border many times since and as far as I know she still goes across hassle free. I would call pardons canada and check that out first before I would play that game with US customs. US custom don't acknowledge a canadian pardon, It comes down to their discretion. Happy travels.

i crossed into the US a few times at the border crossing south of moosejaw. Regway to be exact. as for your question abouit how do i know they can see it? well after many many many times crossing( probably close to 25 times a year for work and 90 percent of them times getting pulled into the office, i satdown with a sr officer and had a long discusion about what i can do to make things easier. i asked him about getting a pardon. he told me straight out if u get a pardon, they can and will see it. youre quote"pardon seals your criminal convictions ". thats exactly what it does. it seals it. id doesnt erase from the system or files or whatever it is that they can have access to. i though for a long time that they couldnt see these things like pardons and records. every time i crossed and was asked what i was arrested for i never knew what to tell them, and what not to tell them as i had no idea what they could see. the person i was talking with that particular day sat in front of a desktop computer and told me some stuff that i did both as a young offender and an adult. i had one charge that i forgot about back in ontario (back in my drinking and drug days). he told me that they CAN see that you were pardoned. but that they cant see what it was for because as you quoted earlier (pardon seals your criminal convictions), it doesnt erase it. Im not saying that you or anyone else is wrong. we all have our opinions and experiences. i just know from many many crossing and dealings with them that after i finally talked to that one guy from CBP and he told me what really goes on behind the desk on that screen it made my life somewhat easier when i cross now. i know that they can see stuff that the canadian authorities told me thay cant. my canadian record check at the RCMP and CPIC comes up now as NO RECORD SHOWN. ill tell u from experience that when the US side does their search it doesnt come up that way. Just my experience man. take it for what it is. my experience. everyone is different and has differant info from differant sources. luckily i can still cross over to the US. its not easy by any means most times but so far so good. im sure one day some a-hole border patrol or immigration officer will try and deny me but theres nothin u can do. they have the discretion to turn u away no matter what.

 

[DaveB]

My bud Pecos has been playing this game for a few years as well. He went through the fun of getting a pardon and getting his records sealed, AFTER he already got a waiver. When it came time to renew his waiver, his records were sealed. The US gang didn't like that and now he is jumping through the hoops on the Canadian side to get his records UNSEALED so he can get a waiver. This process cost him a trip to Bristol last summer....

My ol Lady has a criminal conviction from when she was 18....one of her roommates "borrowed" some clothes from the clothing store she worked at and my ol Lady was in the house when the roomy was busted...fingers were pointed, etc, etc....got charged with possesion of stolen property under 100 or something like that. Anyways...not knowing any better, she goes to court where the prosecuter tells her to "just plead guilty and you'll get a 200 dollar fine". So she does, pays the 200 bucks....no worries for 22 years (many trips to the USA with no problems) then we get the third, fourth, fifth and tenth degree when crossing two summers ago to go shopping. This old charge is back to haunt and she was denied entry. Now she's trying to get a waiver and it's painful because this charge in the USA carries a jail term with it. They keep asking her how much time served did she do...none...a 200 dollar fine. Nooooo...that's not right. Prove it. Her application has been returned once already and I'm sure there will be more hoops to jump.

Stupid really....when you consider the state of the US economy. I can see keeping hardened criminals out, but common...there has to be a statute of limitations on certain things. 22 years later on a petty crime? All we want to do is go to the US and spend money to boost their economy....oh well.

 

[barleyfarmer]

This sounds like it is going to be a pain in the azz for years to come!

 

[snopro]

Everybody on this site should make there kids read this thread so they can see what can happen if you screw up just once. Its a good read.