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DUI and Canada - never seen this


cavecreekguy
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O.k. I am not proud. But I received a DUI conviction in 2002. It was a wake up call for me. I have never had even a sip of alcohol if I am going to be behind the wheel since.

 

I booked my flight and Alaska cruise without a thought this might be an issue. Now my buddy is texting me telling me "oh you can't enter Canada if you've had a DUI. Even George Bush had to get a special permit".

 

I've never seen any posts on Cruise Critic about this. So initially I thought he was crazy. Then I looked it up, and there can be an issue.

 

Have you had a DUI and taken a cruise out of Vancouver? What do I need to do?

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O.k. I am not proud. But I received a DUI conviction in 2002. It was a wake up call for me. I have never had even a sip of alcohol if I am going to be behind the wheel since.

 

I booked my flight and Alaska cruise without a thought this might be an issue. Now my buddy is texting me telling me "oh you can't enter Canada if you've had a DUI. Even George Bush had to get a special permit".

 

I've never seen any posts on Cruise Critic about this. So initially I thought he was crazy. Then I looked it up, and there can be an issue.

 

Have you had a DUI and taken a cruise out of Vancouver? What do I need to do?

 

Canada and the USA exchange information on criminal convictions (at the US request - post 9/11); and both countries have limitations on someone with a felony (aka indictable offence in Canada) entering the country.

 

All that being said, if the offence was more than 5 years ago, it's generally not a big deal and you are considered 'rehabilitated', but as always, the best thing is get hold of a Canadian Consulate and pursue it further

Also, this web page has some additional information: http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

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Canada and the USA exchange information on criminal convictions (at the US request - post 9/11); and both countries have limitations on someone with a felony (aka indictable offence in Canada) entering the country.

 

All that being said, if the offence was more than 5 years ago, it's generally not a big deal and you are considered 'rehabilitated', but as always, the best thing is get hold of a Canadian Consulate and pursue it further

Also, this web page has some additional information: http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

 

Thanks! I So much appreciate your post.

 

What I think I read is that I should disclose, and since it was over 10 years ago, it may not be an issue.

 

Would love to hear the experience of anyone else in this position.

 

I booked my cruise and flight last minute so it's all non-refundable. Would be a bummer to be stopped at Vancouver airport

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O.k. I am not proud. But I received a DUI conviction in 2002. It was a wake up call for me. I have never had even a sip of alcohol if I am going to be behind the wheel since.

 

I booked my flight and Alaska cruise without a thought this might be an issue. Now my buddy is texting me telling me "oh you can't enter Canada if you've had a DUI. Even George Bush had to get a special permit".

 

I've never seen any posts on Cruise Critic about this. So initially I thought he was crazy. Then I looked it up, and there can be an issue.

 

Have you had a DUI and taken a cruise out of Vancouver? What do I need to do?

 

There have been several recent threads on this issue on this board, so you might want to do a search for Canada DUI, as there is a bunch of good information already posted. Also, try the Canada board.

Edited by DaveOKC
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Has it been 10 years since the completion on your sentence (eg did you get probation)? As long as it's been more than 10 years then the customs officer can deem you "rehabilitated" and allow you into Canada at the port of entry. Make sure you have documentation with you about the offence. If it's been less than 10 but more than 5 years you better apply for rehabilitation before your trip.

 

I don't have experience with this specifically for cruises but had to go through the rehabilitation application for my husband's immigration to Canada.

 

Here's another government link that might be useful (this is from Canada Border Services Agency) http://www.cbsa-asfc.gc.ca/media/facts-faits/109-eng.html

 

It might not even come up when you enter but never lie if asked about it unless you want a permanent ban.

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There have been several recent threads on this issue on this board, so you might want to do a search for Canada DUI, as there is a bunch of good information already posted. Also, try the Canada board.

 

Thank you I will do that. I had not seen any posts about that myself.

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Cavecreekguy:

I work in justice. If this is the only entry on your record get a copy showing the very dated conviction. If asked tell the truth and have a copy. Your honesty will get you through. If they don't ask, don't feel the urge to volunteer. They are busy enough. You are not what custom officers are looking for.

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Cavecreekguy:

I work in justice. If this is the only entry on your record get a copy showing the very dated conviction. If asked tell the truth and have a copy. Your honesty will get you through. If they don't ask, don't feel the urge to volunteer. They are busy enough. You are not what custom officers are looking for.

 

Thank you so much! I'm a good boy! Really! Except for this one thing.

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Only a remote comment, I seem to have a lot of problems getting into Canada. :) I'm frequently searched, hauled inside for questioning etc. They know everything. A couple years ago, I had crossed over several times in the previous months (this was in Michigan) and they asked me, how many times and where I had crossed. Well they said I missed one, like I failed a test. :) They knew every time. Another time, the person I was with- they knew they had gotten arrested as a juvenile, over 30 years prior!!!!

 

So getting professional advice, and referring direct to the authorities for information would be the way to go, in my opinion.

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So many times taking the ferry from Ketchikan to Prince Rupert people get turned back every trip. Canadian Customs has access to the complete FBI criminal history data base. I was fingerprinted for a job in 1975 and on the record it says "non-computerized criminal history file". I spent 4 hours in the customs office until they were able to find out what it was. No apologies. They just came out and said "You're free to go, have a nice day".

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So many times taking the ferry from Ketchikan to Prince Rupert people get turned back every trip. Canadian Customs has access to the complete FBI criminal history data base. I was fingerprinted for a job in 1975 and on the record it says "non-computerized criminal history file". I spent 4 hours in the customs office until they were able to find out what it was. No apologies. They just came out and said "You're free to go, have a nice day".

 

I was security guard for a summer in mid 80's and fingerprinted. Would they have this? I haven't been to Canada since 9/11 so hope this doesn't cause problems. Is there more scrutiny at Vancouver airport vs. going into Yukon via train or car?

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I was security guard for a summer in mid 80's and fingerprinted. Would they have this? I haven't been to Canada since 9/11 so hope this doesn't cause problems. Is there more scrutiny at Vancouver airport vs. going into Yukon via train or car?

 

In your situation Katrina, assuming you haven't committed any offences and the fingerprint check will be the only thing that shows, your worst-case is the same as BB - a lengthy wait at the border while the reason for the note on your file is verified. If your record has already been transferred to an electronic database then you won't have an issue - if anything, the fact you've had your prints run without a hit makes you LESS of a risk than Joe Q Public.

 

Based on (very limited) experience, if you're doing the 'pop over the border at the Yukon for a few hours' trips the guards are MUCH more likely to wave you through - come in by air and your passport number is absolutely going to be on file every single time.

 

Just make sure you wear gloves if you plan to commit any crimes in future (joking!)

 

Whether or not the border guards will actually even see the record of your prints being run depends - if it was done at municipal or State level and never added to the FBI national database, almost certainly not on file. If your prints went to the FBI, definitely yes. As to whether you would have a note like BBs - depends whether the office processing you was hooked up at the time or not. Despite all the cop shows on TV and their two minute off-camera "run his prints" scenes there are craploads of different databases across most every country in the world that are not even centralized regionally, let alone nationally or internationally.

 

As an example: because I'm a UK citizen who moved to Canada temporarily before getting PR then citizenship, have NEXUS, held several roles which involved unsupervised access to vulnerable people or young children and had access to medical record databases I am listed separately in at least nine different criminal record/fingerprint databases across three countries, only two of which I know for a fact share info.

 

I've also worked in the implementation of Data Protection rules in both the UK and Canada and been required to run Vulnerable Sector background checks on others, so I can categorically state that if you have a record - even just a detainment/arrest with no charges filed while you were a legal Minor - it's possible that this will show up any time your name is checked. Until someone runs your name you simply cannot know what will appear.

 

Even sealed records depend on everyone involved in the process actually doing their job right - nobody is perfect and there are millions of these records, so there will always be some cases where your name is flagged even if it shouldn't be (anyone with a Redress file from DHS knows about this first-hand).

 

Even if you don't know you have a record, if you have EVER been in a police station and given your name, or had your name given by someone ELSE to the police, or are just unlucky enough to share a name with someone you may have a record. I had to reject three volunteers over the years for having a police record they literally did not know they had - all came back afterward once they'd investigated and the 'offences' listed were: attempted suicide; possession of stolen goods (a bike bought from a schoolmate at age 12, never even got questioned, but his name was added by a cop to the file when the kid who stole it was questioned and named my volunteer as the person who bought it from him); shoplifting (a candy bar twenty years prior at age 13, accepted a Caution from the cops instead of going to court, no other charges filed).

 

The middle one of these was a ludicrous error as there was nothing but hearsay evidence - a clerk transferring records from paper to computer screwed up, so it could be completely expunged. The other two though are legit in the jurisdiction and will continue to show up on any Vulnerable Sector background check for life. Border checks shouldn't be able to access Minor records unless you were tried as an adult, so these folks probably had no trouble with Immigration.

 

The lesson? Unless you're willing to jeopardise your whole vacation, don't risk it - find out what you need to do to get any charges you've ever had pardoned/expunged/sealed and any invalid record deleted.

Edited by martincath
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O.k. I am not proud. But I received a DUI conviction in 2002. It was a wake up call for me. I have never had even a sip of alcohol if I am going to be behind the wheel since.

 

I booked my flight and Alaska cruise without a thought this might be an issue. Now my buddy is texting me telling me "oh you can't enter Canada if you've had a DUI. Even George Bush had to get a special permit".

 

I've never seen any posts on Cruise Critic about this. So initially I thought he was crazy. Then I looked it up, and there can be an issue.

 

Have you had a DUI and taken a cruise out of Vancouver? What do I need to do?

 

I live in Seattle and go to Canada all the time. I have friends who are in the same position you are in. It's my understanding that there is a 10 year window. Anything older than 10 years is essentially ignored. I guess it could be a case by case decision....but that's my understanding.

I think you should be fine.

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I live in Seattle and go to Canada all the time. I have friends who are in the same position you are in. It's my understanding that there is a 10 year window. Anything older than 10 years is essentially ignored. I guess it could be a case by case decision....but that's my understanding.

I think you should be fine.

 

No way to predict. :) As I mentioned, in my case with my travelers, there was NO "ignoring", resulting in a complete search on the basis of a 30++ year old arrest. :)

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Only a remote comment, I seem to have a lot of problems getting into Canada. :) I'm frequently searched, hauled inside for questioning etc. They know everything. A couple years ago, I had crossed over several times in the previous months (this was in Michigan) and they asked me, how many times and where I had crossed. Well they said I missed one, like I failed a test. :) They knew every time. Another time, the person I was with- they knew they had gotten arrested as a juvenile, over 30 years prior!!!!

 

So getting professional advice, and referring direct to the authorities for information would be the way to go, in my opinion.

 

Yes, and it seems with all the tracking everyone is doing, our whole lives will be backtracked and one mistake (like you describe) can make you a 'criminal'

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My brother had an arrest when he was in his teens (40 yrs ago), and it was never an issue doing land crossings. We are in the Seattle region, been up to BC many times. Then came the day when he was helping move a nephew up to Vancouver to grad school at UBC, and because the kid was moving instead of visiting, they did a more thorough check of *both* of their names - and up came the old records! So, my brother got to wait at the border and hang out in the little park, while the kid drove a truck load of stuff up and dropped it off and came back down to pick him up. Rather than go thru the mountain of paperwork to "clear his name" with Canuckistan, my brother is just boycotting the country now.

 

The moral is "don't count on something being ignored just because it's been 10+ years". Do the paperwork to fix it...

 

Jim

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... Rather than go thru the mountain of paperwork to "clear his name" with Canuckistan, my brother is just boycotting the country now...

 

"Canuckistan" - LOL. I may have to ask my MP to look into renaming the country... :D

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"Canuckistan" - LOL. I may have to ask my MP to look into renaming the country... :D

 

My brother may have used a few other words too, but I'll just leave those out... :eek: Rather amusing way to 'poke' our cousin who lives up in Prince George, hehehehehe

 

Jim

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As I've looked into this more, and reviewed my records, I think I will be fine.

  • I contacted a Canadian immigration attorney. He said repeatedly "since it's been over ten years, and if you haven't had any other incidents since then, you are likely to be deemed rehabilitated at the border, and no further action will be necessary". However, he did offer to write a letter for me to carry for $750.
  • I have a copy of my FBI criminal record search. There's nothing on it.
  • I have a copy of my court docket, showing I was convicted of DUI under .08 BAC, and that everything was taken care of twelve years ago.

Could I still have a problem? Possibly. But I will be honest if asked, and think at this point the chance of me be denied admission is pretty low.

 

I appreciate everyone's input and personal stories.

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Rather than go thru the mountain of paperwork to "clear his name" with Canuckistan, my brother is just boycotting the country now.

 

Just to let you know Jim, it works both ways - Canadians with criminal records have a tough time getting into the USofA; pass that long to your brother.

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