how difficult is it to get a rehabilitaion for a felony so we can enter canada

[sanger727]

On 3/23/2019 at 9:03 PM, zqvol said:

 

If his case was overturned on appeal then the conviction goes away, all that should appear is the arrest. Take a certified copy of the appellate decision with you.

 

Not sure how knowledgeable foreign border patrol agents will be of US court decisions. Most likely they will be going off his official record as reported by the US. Step 1, should really be for him to run his on criminal background check at his local sheriff’s office and see if his case is listed as a conviction or not at this point. Step 2, really either way since this could be an issue with him getting a job, credit, or any number of things is to apply for an expungement. Then it will cease to be an issue anywhere he goes.

[leaveitallbehind]

1 hour ago, sanger727 said:

 

Step 2, really either way since this could be an issue with him getting a job, credit, or any number of things is to apply for an expungement. Then it will cease to be an issue anywhere he goes.

While this is good advice, I'm sure these concerns have been - and continue to be - dealt with as the OP indicated that the felony in question occurred 17 years ago.  

Edited March 25, 2019 by leaveitallbehind

[Husky61]

On 3/23/2019 at 9:16 AM, laya1 said:

from what I understand that a cruise to Italy and Greece would be no problem.....lol go figure!!

That is because Italy and Greece do not have access to NCIC.  Canada is the only other country in thr world that has access to our NCIC.  As a side note, have you checked to see if the arrest/conviction was entered into NCIC?  Not all agencies for a variety of reasons do not enter their arrests and convictions in NCIC. So there is a possibility that the arrest/conviction was not entered. If they were not entered, Canada would not know about the arrest. If I were you I would check to determine if they were entered.😃

[1025cruise]

On 3/23/2019 at 9:14 PM, taglovestocruise said:

Actually not the worst. I have a friend who went through this in 2015, LAX to Vancouver and then board the ship at Canada Place. He was denied boarding the Air Canada plane at LAX.  Getting on or off the ship in Canada has no bearing on entry to Canada. The ship is docked in Canadian waters.

As I said, my assumption was based on a round trip cruise out of the US. I would expect a denied boarding going to Canada.

[SRF]

It does not matter if you get off the ship or not.

 

You are in Canadian waters, and therefore subject to Canadian jurisdiction.

 

With other threads on this topic (search, there are a number of them), even if they were allowed to board, they got held on the ship and interviewed by Canadian officials.  And some were arrested.

 

And unlike another poster, I do NOT recommend trying to go, even if the crime does not show up in NCIC.  You really don't want him arrested in Canada for violation of immigration laws.

[Husky61]

3 hours ago, SRF said:

 

And unlike another poster, I do NOT recommend trying to go, even if the crime does not show up in NCIC.  You really don't want him arrested in Canada for violation of immigration laws.

What is it you don't understand about NCIC?  The only access Canada has to arrests/convictions in the U.S. IS NCIC, nothing else. They have no access to state repositories of arrest/conviction. If there is NO record in NCIC, Canada has no way of knowing about the arrest/conviction.

 

So what immigration violation would a person get arrested for in Canada if he has no criminal record?

[K32682]

3 hours ago, SRF said:

It does not matter if you get off the ship or not.

 

You are in Canadian waters, and therefore subject to Canadian jurisdiction.

 

With other threads on this topic (search, there are a number of them), even if they were allowed to board, they got held on the ship and interviewed by Canadian officials.  And some were arrested.

 

And unlike another poster, I do NOT recommend trying to go, even if the crime does not show up in NCIC.  You really don't want him arrested in Canada for violation of immigration laws.

Unless there was an outstanding warrant for his arrest or he is on bail for pending felony charges it is extremely unlikely he'd be arrested. 

 

The outcome also depends on the itinerary. If it were a quick stop in British Columbia on an Alaskan itinerary it is possible they'd just tell him to remain on the ship.  If it were a multiple stop cruise in Canada it is possible he would be taken into detention which is different than being arrested and taken to the nearest border crossing for return to the U.S.A.

[SRF]

21 hours ago, Husky61 said:

What is it you don't understand about NCIC?  The only access Canada has to arrests/convictions in the U.S. IS NCIC, nothing else. They have no access to state repositories of arrest/conviction. If there is NO record in NCIC, Canada has no way of knowing about the arrest/conviction.

 

So what immigration violation would a person get arrested for in Canada if he has no criminal record?

 

Would you be willing to risk it?

 

And what happens if the person takes your advice and gets arrested?

 

Of course, nothing to worry about, FOR YOU.

[Husky61]

3 hours ago, SRF said:

 

Would you be willing to risk it?

 

And what happens if the person takes your advice and gets arrested?

 

Of course, nothing to worry about, FOR YOU.

I clearly said if the record was not entered into NCIC, Canada would not know about the arrest. How difficult is that to understand?🙄

[wwcruisers]

Well, one thing is for sure. If you come to a travel and leisure site seeking free legal advice, you will certainly find it. And it will be worth every penny you paid for it! 😏

[simplyrubies]

If you are on a social media website that sounds like "read it", then there is a sub "read it" that gives free Legal Advice (the name of the sub "read it"). Many posters there are lawyers themselves and may be able to inform you of the best step to take - better than receiving advice from non-lawyers. I guarantee that there will be immigration lawyers and criminal lawyers, Canadian and American, who may be able to give better advice than we can.

Edited March 27, 2019 by simplyrubies

[SRF]

On 3/26/2019 at 5:44 PM, Husky61 said:

I clearly said if the record was not entered into NCIC, Canada would not know about the arrest. How difficult is that to understand?🙄

 

Are you 100% sure?  And willing to guarantee that?

 

Since 9/11 there has been a lot of changes in international information sharing.  And what it was a year ago, may not be what it is today.