DUI, diversion, and entering Canada.

[HannahP 119]

I received a DUI (I know, stupid stupid) last year; it was a first-time offense and I received diversion for it. I'm off my diversion now and was hoping to travel to Canada to see my hubby's parents this summer.

However, I know that having a DUI on your record automatically makes you inadmissible to Canada.

Does anyone have any experience with this?

As it was explained to me, *technically*, a diversion isn't a conviction unless you receive a second DUI. So could I, in good faith, check "no" to have you ever been convicted of a crime on the entrance card?

I was also told that if someone ran my record, the diversion would not flag unless I was being arrested for another DUI?

Who do you even talk to with questions like this? Ugh. :/

[thermophile 0]

Is "diversion" the same as suspended conviction-you are on a sort of probation for X years and if you have no interactions with law enforcement during that time you aren't convicted? If you successfully fulfill the time (and whatever other requirements) in a suspended conviction, it won't be on your record anymore. I don't know about DUI specifically, but the way that I'd interpret the "not technically a conviction" is it wasn't a conviction.

[Sprailenes 47]

If you check no and they find out you're lying, you're in even more trouble though.

Just sayin.

[thermophile 0]

but she's not lying, she wasn't convicted. (as I read the situation)

Hannah, why don't you call the county prosecutor or who ever it was that you made this agreement with and specifically ask. Use the exact wording that is on the entrance card, ask if it is truthful that you check "no".

[Earmuffs 1]

my friend came up to canada with a DUI.. no problems.. I think if you drive you may have to pay a fee at the border.. but he was on a bus and had no troubles..

Edited March 26, 2008 by Earmuffs

[Earmuffs 1]

also he drove with this GF and flew in once.. never had any troubles..

[Eric_and_Corinna 0]

A friend of mine from here in Alaska has a DUI, and for him to go to Canada with us for a hockey trip in a couple weeks, he would have had to apply for a waiver or something along those lines from the Canadian Consulate in Seattle. They said on their website to apply well in advance of any travel plans.

I pulled this off the US Dept of State website.

"Anyone with a criminal record (including even misdemeanors or Driving While Impaired (DWI)) charges may be barred from entering Canada and must qualify for a special waiver well in advance of any planned travel for further processing, which may take some time."

He went thru last year without the waiver, but didn't want to chance it again. Hope this helps.

Eric

[HannahP 119]

thermophile - Yes! Diversion lasts a year and you have to meet whatever criteria is laid out in your evaluation (for me it was three hours of therapy and an alcohol education school). If you don't get in trouble with the law for that year, you've completed your diversion. After another year, you can get the diversion expunged from your record. You're right that I should talk with the DA about this. After some thought, I think my hesitancy is about the definition of diversion. It differs from state to state, but I *think* that in Kansas, diversion is not considered a conviction.

Eric - I read about the waiver. I guess my confusion is whether I'd have to file because of my diversion. Do you know if your friend got a diversion for his DUI?

Anyway, thanks guys! I think I have a better understanding of where my confusion about the whole situation lies. Plus, it's reassuring to hear that other DUI'ers have still managed to get into Canada.

[Earmuffs 1]

Persons without waivers who have only DUI's or other less serious criminal convictions and have no criminal convictions in the past 10 years may be considered rehabilitated when they reach the border but this is at the Canada Immigration officer's discretion. A "Remote Area Border Crossing Permit" may assist the Immigration officer in determining admissibility to Canada since it requires normal background checks. This permit costs $30.ºº Canadian (approx. $20.ºº US). More information regarding the "Remote Area Border Crossing Permit" is available at www.cic.gc.ca/english/visit/rabc.html.

[Eric_and_Corinna 0]

My friend had a DUI. It's definitely on his record. I've never even heard of a diversion before. Must be a midwestern hospitality thing

[Delicia 1]

I think it is a 'dependent upon the CIC officer' kind of case. CIC recently started using their access to the U.S. criminal records database at points of entry. I have read cases where USCs who own land in Canada (very common to own hunting lodges for USC who live in Michigan, Minnesota, Wisconsin) and have traveled back and forth for many years are now being suddenly denied entry to Canada because of past history, including very old DUI convictions. One such man (from Michigan iirc) had a DUI from 1980 and was denied entry for the first time in 2007 on a trip to his cabin in Ontario.

Personally, I don't screw with Border Patrol and 'hoping' I am allowed in. I would, if it were me, get the waiver regardless.

[Reba 2]

Rehabilitation paperwork can take several YEARS to process. If you have a conviction and they see it when they scan your passport they won't let you in.

I'd hazard a guess that anyone who has visited Canada before without difficulties wasn't asked at a land border if they had any convictions, and their passport wasn't scanned. Canada and US have been sharing police records for quite a few years now.