Police Record Canada Travel

[G'ma]

....

[HorrorFan]

Based on my experience, pre-9/11 the typical process for a US citizen getting into Canada consisted of declaring yourself to be a US citizen, showing them your driver's license, telling them where you were going and how long you were staying.

Yes, thats correct but if they happened to run your name and found a criminal background...likewise crossing the other way. What I was saying was that the rule is not a new one.

[Mark_K]

Yes, thats correct but if they happened to run your name and found a criminal background...likewise crossing the other way. What I was saying was that the rule is not a new one.

Except that, regardless of the statute on the books, things have changed. Until recently you were routinely allowed into Canada with a criminal record.

[HorrorFan]

Except that, regardless of the statute on the books, things have changed. Until recently you were routinely allowed into Canada with a criminal record.

No argument here, things have changed a lot.

With passports necessary (at least for air travel, and soon for all border crossings I believe) all kinds of information becomes instantly accessible where once it was not unless the immigration officer asked the 'right' question.

9-11, tightening up US security, and criticism about lax security at Canadian borders has changed most of that.

[babyher]

There was a story in the news a couple years back about a guy who came into the US from Canada. Guards searched his car and noticed a Machete with "a red substance " on it.

 

Beacause they didn't have the facilities to test what the "red substance" was and otherwise his papers were in order and he checked out OK. He was let in.

 

A day or so later it was reported that an elderly couple were found butcherd to death in their home in Canada and their neighbor (guess who????) was a prime suspect. He was a whack job (Ya think:)) and they had been having a long standing feud about property lines or something.

 

He eventually was caught in the US and brought back for trial. Don't remember hearing how that turned out.

[vickiw0318]

This isn't a recent thing. Back in the late 90's, a friend of mine who is "in recovery" was on the ferry from Seattle to Victoria with her daughter. It was announced to all the passengers that anyone with a DUI on their record would not be allowed into Victoria. Her path to recovery had included one of those and she hadn't shared that particular fact with her daughter. To say that she sweated her way through the ferry ride is an understatement. However, she happened not to be one of the ones chosen for a more extensive passport check when they got to the dock so her secret was safe.

 

The last time my daughter and I went to Canada (through Calgary) two years ago, the officials just looked at our passports - they weren't "swiped" to check the passport number against the data base. (A couple of years before that another friend traveling to Calgary on business had been pulled aside and checked out more extensively. They did find record of his DUI and because he was so nice to the officials, they did issue him a temporary resident permit so he could do his job. He cannot, however, enter Canada again until he applies for the rehabilitation process.) Someone who has been there more recently can hopefully let us know if the "swipe" is now the practice for all.

 

By the way, I remember reading that when President Bush - who does have a DUI on his record - needed to visit Canada, there was a special "dispensation" passed by Parliment to let him in.

[rlm304]

Is this true? How would they know - do they run a background check on everyone or it is tied to your passport? I am concerned because I have booked a large family cruise in July 2009 and know that my brother in law had a DUI about 3 or 4 years ago - I can;t have this block him from getting onboard. This is a surprise 50th Wedding Anniversary cruise where we are surprising my inlaws with everyone sitting at the dinner table the first night - my inlaws have no idea we are all going. Is there anyway to get around this? If he signs up for Cruise Direct does he bypass customs - since he is held on a cruise shuttle bus - not even stopping to pickup luggage? Help anyone................. How does it work if we move to a cruiseship that goes south from Seward to Vancouver - do they stop him from getting off of the ship?

I was wondering what would happen if you cruised from Alaska and arrived in Vancouver. Would they deny permission to leave the shiip, or would they escort you to the US border, or to the airport for a flight back to the US> Anyone with experience please reply.

[nurseone]

We are doing alaska in 2010 - Seward to Vancouver - friend has a 20 year old issue (not DUI) also am wondering what happens when we arrive in Vancouver to fly home the same day.

[crzndeb]

I just went up to Canada last weekend on the Victoria Clipper from Seattle to Victoria...when we boarded in Seattle, everyone was just asked if they ever had a DUI (DWI)...when we got to Canada, they looked at our passports and that was it. There was no swiping or anything like that. Yes, DUI's are considered a felony to them. I doubt they will take the time to swipe everyone's passport to check. It may be more of a random check like they normally do when you go through customs.

[Ephraim]

Martha Stewart was allowed into Canada. A minister's permit was issued to allow her in for the charity event.

 

Fred Phelps is barred from entry because of his Canadian arrest record, not his American record. He violated Canada's hate laws. Canadian freedom of speech is tempered by our right to be free of discrimination. The law reads "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability." If I remember correctly, his violation of law was for comments that violated the "national and ethnic origin" part of the clause, since religious speech is protected.

 

Generally in Canada it is called "Impaired Driving" which covers not just alcohol, but other substances as well. Laws in Canada are divided into two category, summary offences and criminal offences. Impaired driving is a criminal offence in Canada.

 

When you come into Canada you are assessed by Canadian laws and not by American laws (makes sense, doesn't it?) and even if your case was adjudicated in a US court as a misdemeanour, no matter what plea bargain you have, in Canada they simply see it as Impaired Driving and look at the maximum sentence and as a criminal offence.

 

In general, border guards are authorized to consider anyone with a clean record after the maximum Canadian sentence has been served to be "rehabilitated" and allow them into the country. They are under no obligation, though.

 

After 9/11 the US government requested full access to Canada's database of criminals. In return, Canada has full access to Homeland Security's database. In other words, if you have a criminal record and it appears on the US database, Canada will know.

 

The US government has refused to accept pardons issued by the Canadian government. Because of this, Canada refused to accept pardons issued by the US government. There is unfortunately a lot of politics involved in this and reciprocity is the end result.

[Ephraim]

We are doing alaska in 2010 - Seward to Vancouver - friend has a 20 year old issue (not DUI) also am wondering what happens when we arrive in Vancouver to fly home the same day.

 

Generally something that long ago isn't an issue. But he can also check the Homeland Security database to see if he even has a criminal record anymore. If the crime was considered a criminal act in Canada and the maximum sentence has passed and five years have passed since then, he is generally considered rehabilitated. With 20 years under the belt, I would think that would be long gone and he should have no problem.

 

You can use US Direct and never enter Canada. The take you directly from the ship to the airport "in bond" and you never actually clear Canadian customs nor enter Canada.

[papakaiser]

For any law enforcement agency, including Customs and Border officers, to run a computerized record check on someone at the border, it only takes a matter of seconds.

 

Now think for a second about the information that you have to submit to a cruise line PRIOR to your cruise. That is done so that you can be checked through governmental agencies for things such as a criminal history.

 

With this in mind, I wouldn't stake a trip of several thousand dollars on the will of a kind hearted Customs Official that I'll be allowed into Canada, or any other country. If that is their law, it needs to be respected prior to the trip.

[realtreebar]

Don't do it we paid $350.00 for a ferry trip from Bar Harbour Maine to NovaScotia and they never said a word to me about DWI or anything. we booked our trip the day before and got on the ferry with the car the next morning at 6 am, when we arrived at the other side they flagged my car and took all of my family into the office! then they commenced to intergate all of us, including my 9 year old. I was embarrassed as I had to tell them I had A DWI. (to which they already had the information of) they would not let the wife and kids go ashore to vist, we all had to return to the ship. we had to go back to the US and they held our Driver licenses until we were back in the USA. I have since applied for rehabilatation and was denied! and I was told not to come to canada until they gave me the all clear! so a little mishap could cost lots of bucks thank goodness it was a few hundred bucks instead of a few thousand for a cruise hope this helps!

[Grayce]

Is this true? How would they know - do they run a background check on everyone or it is tied to your passport?

 

Canada and United States share information about criminal records. They don't run everyone, every time they cross the border but anyone can be randomly run through a records check. I have heard of people crossing the border lots of time with no problem and then getting "caught" in a random record check.

[SamFritz]

As a tour guide in Niagara Falls, I regularly escort tours across the Rainbow Bridge. In eight years of work, I've had three passengers refused entry into Canada. One for a 30 year old arrest for "steaking" when he was in college, the other two for regular DWI's. At the Niagara Falls crossings they will allow people with misdemenors through, but any type of felony conviction will bar you from access. In the past they didn't always process everyone's IDs, (Just showing a Driver's License and Birth Cetrificate was adequate.) But I expect that starting in June they will run everyone's passports, because they will required then.

[nurseone]

Two questions can we access the Homeland Security Database to check and if so how do we do this. I know we can contact Canada and ask if there is a problem but I really don't want to flag the name. Also what is US Direct - since we'll be coming to Vancouver on the cruise ship and going direct to the airport to fly out how does that work and is it something that needs to be done ahead of time. She does have a passport and we flew into and out of Dominica Republic a year ago - not just cruised from the states - so don't know if that makes any difference or not.

 

Again thanks for the answers and any additonal information. I found out it was a shop lifting issue that was adjuicated (sp?) and is not supposed to be on the records but you know how that goes. Have no idea what the max. sentence of it would be. I do know if was under $50. if that makes a difference. Sometimes people do dumb things when they are young.

[SamFritz]

The question you need to answer is, "was the offense listed as a felony?" A felony of any kind raises the flag.

[2tall]

Does anybody know what actual database Homeland Security uses? I do know that here in the U.S., law enforcement agencies use NCIC (an FBI database) that includes information from most states...but not all. In some cases, you have to wait to have the information faxed directly from the state to get an arrest record. It's typically linked to your fingerprints to ensure that they have the correct record but you can search based on social security number, date of birth or name (the last two just take a lot longer). Does Homeland use something different and share that with Canadian officials at the border?

[usha]

Nevermind...

[ranquet91]

Back when I was 19 I got a minor DUI, I had a BAL of .0058 but since U.S. law states zero tolerance for minors I was convicted of the crime. In Canada their legal limit it .08 just like the U.S. I tried to enter Canada a few times after my DUI with no questions asked about the fourth time heading in I was stopped and had to go through customs. I was denied entry because of the DUI but was told that if I faxed my charging papers stating a BAL lower then .08 I could regain entry since it would not be considered a crime in Canada. I did fax in the paperwork and have been traveling to Canada with no questions asked since.

 

I would suggest to anyone with a criminal record to contact your local consulate and find out if you would be able to gain entry.

[nurseone]

How do I find out about the US Direct thing - also anyone hear of anyone getting on a ship out of Seward Alaska and cruise to Vancouver to fly home and what happens if they won't let you off the ship? Do you end up in jail until they can send you home - I would think they would just take you to the airport since you have a flight home - is that the US Direct - Need more information about it I guess. Thanks

[Ephraim]

Two questions can we access the Homeland Security Database to check and if so how do we do this. I know we can contact Canada and ask if there is a problem but I really don't want to flag the name. Also what is US Direct - since we'll be coming to Vancouver on the cruise ship and going direct to the airport to fly out how does that work and is it something that needs to be done ahead of time. She does have a passport and we flew into and out of Dominica Republic a year ago - not just cruised from the states - so don't know if that makes any difference or not.

 

Again thanks for the answers and any additional information. I found out it was a shop lifting issue that was adjudicated and is not supposed to be on the records but you know how that goes. Have no idea what the max. sentence of it would be. I do know if was under $50. if that makes a difference. Sometimes people do dumb things when they are young.

 

If someone is indicted for shoplifting under $5000 in Canada the maximum sentence is 2 years (I did some research on Google to check that.) So if it was 20 years ago, a clear record of 18 years would certainly indicate someone who is rehabilitated.

 

If it was adjudicated it may have never entered the database at all. Your local police can do a search for your criminal record. You can also request a copy directly from Homeland Security. I would ask the local police first, otherwise call up the FBI and ask them how to request the record. I think there is a small charge.

 

It's worth checking out. Many other countries now have access to the same database.

 

You need the passport. No matter if you are flying or driving over the border, you need a passport to reenter the US. (Canada doesn't just yet require it, but there are discussions of retaliation.) As for US direct, the information is at http://www.portmetrovancouver.com/about/cruiseandtourism/usdirectprocess.aspx and basically you have to arrange the transfer with the ship.

 

How do I find out about the US Direct thing - also anyone hear of anyone getting on a ship out of Seward Alaska and cruise to Vancouver to fly home and what happens if they won't let you off the ship? Do you end up in jail until they can send you home - I would think they would just take you to the airport since you have a flight home - is that the US Direct - Need more information about it I guess. Thanks

 

See above link. From what I was told, the procedure is to take you to the airport and deport you. The difference is the dignity. US direct is a bus from the ship to the airport... the other way involves arrest, detention (not legally a jail) and transport to the airport for expulsion. I'm not sure if you are charged for your transport to the airport, though. I know that Canada does make illegal immigrants and others expelled from the country pay for their own costs.

 

Again, Impaired driving is NOT a minor issue and no country wants another country's criminals visiting. More and more countries have access to these shared databases. The best thing you can do is to check and clean up the record.

 

And if you want pardons from one country to be accepted in another country you need to pressure your government to accept reciprocity in regards to pardons. It's about time that those who are rehabilitated can live in dignity. Canada has been asking for years for official pardons to be accepted by the US government to no avail.

[vossjemi]

As a tour guide in Niagara Falls, I regularly escort tours across the Rainbow Bridge. In eight years of work, I've had three passengers refused entry into Canada. One for a 30 year old arrest for "steaking" when he was in college, the other two for regular DWI's. At the Niagara Falls crossings they will allow people with misdemenors through, but any type of felony conviction will bar you from access. In the past they didn't always process everyone's IDs, (Just showing a Driver's License and Birth Cetrificate was adequate.) But I expect that starting in June they will run everyone's passports, because they will required then.

 

Hey Sam...you are the guy! We just booked air to Buffalo/Niagara & discovered this whole DUI thing after the fact. How does your tour company handle those cases? Do they still get charged? We may or may not have a problem depending on how they treat the offense since it is supposed to be a closed record, but out of precaution, decided to stay US side so as not to incur hotel cancel fees if we were so unlucky as to get denied. Too expensive to go through whole application process pre-trip(and not enough time anyway). So, if we try to cross with a tour and get denied, what do most of the tour companies do? Charge anyway? Or not? Thanks.

[aloisia]

We have Canadian friends that were thinking of joining us on a cruise.

But the hubby was concerned he may have problems disembarking in a US port. Naughty teenage offense - was charged - :confused: - 35 years ago!

I didn't believe it would be an issue after all the years.

 

Please correct me.... do we not submit our passport numbers prior to the cruise for some type of clearance check? :confused: I would think if there were any concerns regarding the individual entering the country, they would be contacted by the cruise line prior to sailing.

Any thoughts?

[Ephraim]

He can call the border crossing ahead of time and they can usually tell him. Otherwise he has to fill out this form http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=68db2c1a6855d010VgnVCM10000048f3d6a1RCRD and then pay the fee. It used to be more reasonable, but now it is $545

 

Read the information at http://www.consular.canada.usembassy.gov/criminal_ineligibility_visa.asp

 

This is of course for Canadians to visit the US.