Entering Canada with a pardoned DUI

[beantown 0]

My fiance had a DUI about 4 1/2 years ago he was not convicted it was a continuance without finding which in the state of massachusetts its not the same as a guilty plea the case is dismissed and sealed after you serve your probation and you can honestly answer NO on a job application etc to the question have you ever been convicted of a criminal offence. He came to Canada last year by land entered into MTL and had no problem. I am wondering will he have a problem flying? as he will have to use his passport?

[Neonred 3,564]

I don't know about Canada, but he shouldn't have any trouble entering Russia. Tell him to try the Vodka there....

[eekee 182]

Why is this in the Russia forum?

And I don't think a DUI is linked to your passport anyway. I believe that the only way employers etc. find out about past crimes is by a background check.

[peejay 327]

I read about this some time ago. It seems that the USA and Canada are now sharing criminal databases. That 1970's US marijuana bust or DWI that never barred someone from entering Canada before has turned up to haunt them. In other words, they are being barred from entering Canada and are refused entry at the POE for US arrests and convictions often from many years ago. I also read that the USA may begin sharing criminal databases (if they haven't started already) with countries in Europe which would increase the number of countries US citizens with criminal records can be refused entry into.

In answer to the O/P's question. I read there are waivers that can obtained from the Canadian government to allow entry on past US convictions. I also read that people can check with the Canadian government to see whether they are in the database before planning a trip to Canada. I would contact the Canadian consulate in the US to ask questions or look on their website for more information.

The story I read cited an American guy flying to Canada on vacation with his wife shortly after this was implemented recently. He had traveled to Canada on vacation many times for many years in the past but was turned back recently at the Canadian POE because of a marijuana conviction dating back to the 1970's. Talk about ruined vacation plans!

[eekee 182]

I know people who were busted at the canadian border for drugs who got their entering-canada privileges back, but it took a lawyer and a lot of time/money. If that's possible, then i think that canada excusing your 1970s pot possession is certainly possible.

If you're not convicted of a crime, why would it show up on your criminal record and bar you from doing something? Isn't that unfair?

I read about this some time ago. It seems that the USA and Canada are now sharing criminal databases. That 1970's US marijuana bust or DWI that never barred someone from entering Canada before has turned up to haunt them. In other words, they are being barred from entering Canada and are refused entry at the POE for US arrests and convictions often from many years ago. I also read that the USA may begin sharing criminal databases (if they haven't started already) with countries in Europe which would increase the number of countries US citizens with criminal records can be refused entry into.

In answer to the O/P's question. I read there are waivers that can obtained from the Canadian government to allow entry on past US convictions. I also read that people can check with the Canadian government to see whether they are in the database before planning a trip to Canada. I would contact the Canadian consulate in the US to ask questions or look on their website for more information.

The story I read cited an American guy flying to Canada on vacation with his wife shortly after this was implemented recently. He had traveled to Canada on vacation many times for many years in the past but was turned back recently at the Canadian POE because of a marijuana conviction dating back to the 1970's. Talk about ruined vacation plans!

[peejay 327]

I know people who were busted at the canadian border for drugs who got their entering-canada privileges back, but it took a lawyer and a lot of time/money. If that's possible, then i think that canada excusing your 1970s pot possession is certainly possible.

If you're not convicted of a crime, why would it show up on your criminal record and bar you from doing something? Isn't that unfair?

I read about this some time ago. It seems that the USA and Canada are now sharing criminal databases. That 1970's US marijuana bust or DWI that never barred someone from entering Canada before has turned up to haunt them. In other words, they are being barred from entering Canada and are refused entry at the POE for US arrests and convictions often from many years ago. I also read that the USA may begin sharing criminal databases (if they haven't started already) with countries in Europe which would increase the number of countries US citizens with criminal records can be refused entry into.

In answer to the O/P's question. I read there are waivers that can obtained from the Canadian government to allow entry on past US convictions. I also read that people can check with the Canadian government to see whether they are in the database before planning a trip to Canada. I would contact the Canadian consulate in the US to ask questions or look on their website for more information.

The story I read cited an American guy flying to Canada on vacation with his wife shortly after this was implemented recently. He had traveled to Canada on vacation many times for many years in the past but was turned back recently at the Canadian POE because of a marijuana conviction dating back to the 1970's. Talk about ruined vacation plans!

I guess I was unclear. I would imagine that arrests without conviction wouldn't trigger a barrier to entry, but I really can't remember the details in the news clip. I actually read the article here on VJ that someone had posted. It's somewhere here on VJ, but I couldn't find it in the archives. It even explained what is necessary to get a waiver.

[slim 1,525]

If there was no conviction, then what's the problem?

On the forms they say "have you been convicted of a crime" or if they say "have you commited a crime of which you haven't been prosecuted or convicted" and in that case you can answer in accordance with the findings of the court which sounds like there were no findings.

I wouldn't worry about it anyway. Canada loves us!