Ever since a reader and I had a bit of a debate as to whether a criminal record could delay one's application for a passport in my Online Passport Application Article , I've gotten a few hits every day from people asking this very question. I stated that I thought that a criminal record could delay one's application, while this user claimed that I had no idea what I was talking about. So, this made me curious.
Of course, every case is going to be different, and I'm not even going to get into how this might affect one's ability to get _into_ another country. I'm going to only address applying for and getting a Canadian Passport.
Canadian Passport Laws/Regulations re: Criminal Records & Related Stuff
From the Canadian Passport Order, Section 9 (retrieved December 21st, 2007):
9. Passport Canada may refuse to issue a passport to an applicant who
(a) fails to provide the Passport Office with a duly completed application for a passport or with the information and material that is required or requested
(i) in the application for a passport, or
(ii) pursuant to section 8;
(b) stands charged in Canada with the commission of an indictable offence;
(c) stands charged outside Canada with the commission of any offence that would, if committed in Canada, constitute an indictable offence;
(d) is subject to a term of imprisonment in Canada or is forbidden to leave Canada or the territorial jurisdiction of a Canadian court by conditions imposed with respect to
(i) any temporary absence, work release, parole, statutory release or other similar regime of absence or release from a penitentiary or prison or any other place of confinement granted under the Corrections and Conditional Release Act, the Prisons and Reformatories Act or any law made in Canada that contains similar release provisions,
(ii) any alternative measures, judicial interim release, release from custody, conditional sentence order or probation order granted under the Criminal Code or any law made in Canada that contains similar release provisions, or
(iii) any absence without escort from a penitentiary or prison granted under any law made in Canada;
(d.1) is subject to a term of imprisonment outside Canada or is forbidden to leave a foreign state or the territorial jurisdiction of a foreign court by conditions imposed with respect to any custodial release provisions that are comparable to those set out in subparagraphs (d)(i) to (iii);
(e) has been convicted of an offence under section 57 of the Criminal Code or has been convicted in a foreign state of an offence that would, if committed in Canada, constitute an offence under section 57 of the Criminal Code;
(f) is indebted to the Crown for expenses related to repatriation to Canada or for other consular financial assistance provided abroad at his request by the Government of Canada; or
(g) has been issued a passport that has not expired and has not been revoked.
So, that's (part of) the law on the subject.
Section 57 of the Criminal Code of Canada relates to crimes regarding the forgery of passports and misuse of passports.
Here are the laws/regulations on "Revocation" (ie: taking away one's passport that they already have).
I am not a lawyer, this isn't real legal advice and I haven't had any experience with this, so your mileage may vary.
Ctrain tickets.
Hello, So when i was younger to skip all the boring stuff.
i got a wack load of c-train tickets. which i did not pay off.
probably resulting in by law warrants. Which are not the same as actual warrants but i'm looking into getting a passport, my Fiances parents are taking me to mexico in December with a stop in the US to re fuel pick up passengers etc, would i be able to stop there ? or would i have to find an alternate route ?
crossing to the usa
I was charged at 16 with an assault charge and property damage and when i went to court i paid the fine for property damage to the judge and got 1yr probation for both charges. I have not been in trouble since then and i am now in my 40's with a 24 yr old and a 3yr old. I would like to go into the USA to visit a friend in California and also would like to go to Walt Disney World, and Nashville as i love country music. I have a Canadian Pardon, that i got about 13yrs ago, and not too sure if i will be able to cross the border. What information is needed on a passport application besides your name date of birth and what id do u have to show and who do i get to sign it, and how much is it for adults and a child that is 3yrs old....
crossing to the usa
My question is when i was 16 yrs old i was charged with assault and property damage in which i paid the fine in court to the judge, and got 1yr probation. I am now in my 40's and i also have a Canadian Pardon, as i got it 13 yrs ago. I have a friend who lives in California that use to work with me here until her husband got transfered, anyways she wants me to go for a visit with my children, but i do not know if i can cross, and i told her that i do not want to take the chance and get in trouble. I also want to take my kids to Disney World but not sure if i can cross. So i was just wondering if i would be able to get a passport and cross into the United States, cause also i am a big country fan and i like to go to Nashville. I was invited to a wedding in the US, but i declined cause i am not sure if i can cross, and since i was 16 i have not been in trouble with the law, as at 18 is when i had my firsy child, and my kids come first in my life. I have told them never get in trouble with the law and my oldest has never gotten into trouble, as i only have 2 kids and my youngest is 3yrs old. I also would like to know how much it is for kids age 3 for a passport and what do you have to put on the application. What all info do they need, besides your name date of birth...
Caught shoplifting but was NOT charged, now i have a question
To make a long story short, a few months ago I was caught shoplifting. Cops came and told me they WERE NOT going to press charges, all I had to do was pay the tresspassing fine and gave me a lecture that I should not ruin my life by doing it again because I had a clean record and was applying to teacher's college. However, they did write all my information down. Now I am wondering, will this affect me travelling? Do I for sure not have a record?
stop over in US from Canada to mexico
I need to know about a simple stop over, no connecting flights or long delays, just a lay over while travelling from Canada to Mexico (im assuming to pick up more people and fuel). In 1996 I was deported from the US for possessing a book of rolling papers (It was swabbed AND noted that there was NO drug residue on the rolling papers) and consequently banned for 10 years from entering the US for possessing "Drug Paraphanillia" even though I dont use AND I purchased them while I was THERE back when I smoked cigarettes.
I lived in a boarder town connected to Abbotsford B.C. called Huntington the only thing that separates Huntington(Abbotsford) from Sumas Washington, is a set of railroad tracks and the boarder crossing office its self, so walking there was common for residents. I had walked crossed to Sumas several times until this point, in fact often enough that the boarder patrol officers started recognizing me and no longer me for my ID. SO to compound more S**T on top of it I was also accused of "boarder jumping" although un true as I was waived through ON FOOT by an officer who recognized me as a repeat crosser earlier that day. unfortunately the officer who waved me through was not on duty while I was being deported and the sheriff was having none of my story and would not listen to me explain why I had not checked in at the desk when I crossed (basically being a dick).
My passport shows no records, exemptions or special anythings. How do I find info about this? HELP PLEASE!!!!!
Help
I am 18 and recently had a minor drug charge with E. I did not go to jail nor do i have to stand infront of a judge or did i get a ticket or anything. They just took my name down with my friends and let us go. But im pretty sure its on record cuz they still have to file their report.. My friend wants me to go to New York with her and i was wondering if i am able to do that? or if my minor drug charge will come up and i will be denied entry?
CPIC
Can being in CPIC (waiting for conditional discharge to come off system in 1 year) hinder my chances of gretting a passport or driving across the border into the US?
Confused..
I will be going on a trip to Cuba soon .. and I am currently filling out everything for my passport & getting ready to go pick it up, but I have many criminal charges from when I was like 15-16-17-18... Their minor charges such as stealing ... I was just wondering if this was would affect my approval of a passport ??
Canadian passport
I was charged in 2005 for forgery & theft over. I think I was on 1 year probation and 4 years conditional sentence ... or the other way around, I'm not too sure. I was required to do some community service and also pay a fine of about $15K which I will finish within the next couple of months (April 2010).
As far as I am aware, the probation/conditional? sentence will be finished when I pay it all off (which will be soon). There have been no restrictions on my sentence, except the usual maintain the peace, etc. I don't think there was anything within the paper that said I was not allowed to travel outside of the country.
I have all my passport paperwork done up and ready to take in next week but now, since reading about the FPS encoding of the fingerprints, I'm a bit concerned that they might not issue me a passport. I assumed that my criminal record is already in the Canadian system and that in 7 years when I apply for a pardon, it will be removed. However, from reading the previous posts, I'm made to believe that there is a separate passport system that houses your criminal information permanently?
So, if I apply for a passport now, and then get a pardon in 7 years, my information will be stuck permanently within the passport, even after I purge my info in 7 years and get a passport renewal?
Another thing I heard was that if I do not cross the US border, my info is not in their system yet. So if I get a pardon first, the US would not find anything on me? I am aware that if I were to travel there right now and they enter me into the system, it will be permanent and even after a pardon, it will still need a waiver of inadmissibility.
Please, if anyone knows, can I get a passport? Can I travel to Europe or Mexico within the next 3 months?
Thank you!
can i travel?
i was recently arrested for theft under $500 and given a conditional release pending a court appearance and fingerprinting. Is it likely that I will be able to travel outside of canada? Jail time will not happen, but there may be probation or a fine ... i already have a passport ... please help!
Drinking and driving is it an offense you can be turned away for
Ok so my sister was caught drinking and driving last spring in there anything she has to do to be able to come with our family to vegas?
Also her fiance was caught drinking and driving and driving and driving without a lisence several times will he be able to join us aswell?
and Lastly my fiances best friend has 2 dui's now has his lisence back but has a no drinking restriction will he be able to come?
Sounds like a family of real
Sounds like a family of real winners
I am American and have been
I am American and have been living in Canada for over 10 years. My ex husband is now filing for back child support even though the children are 21 and 23 years old. Child support has turned me in to The state department and I can no loger renew my U S Passport even from here in Canada. I was already in the process of applying for Canadian Citizenship when this happened. I am paying a little bit a month to the child support but they will not remove the passport restriction until the amount is under like 5k or something. My question is, when I get the Canadian Citizenship, will I be able to get the Canadian Passport without them holding it against me that I can no loger renew my American passport?
Getting into USA with a completed conditional discharge
I few years back, not more than 7, i made a dumb mistake that wound me up in front of the judge for theft under 5K in Canada. I was given a 1 year conditional discharge which has since been completed with no problems. My question is, does my discharge which was completed last year make it possible for me to travel within the US without issues?
You should be fine!
If this happened more than 3 years ago, you should be fine. The Criminal Records Act states that, except in exceptional circumstances, if the discharge is conditional, no record may be disclosed after three years.
What if it happened less that
What if it happened less that 3 years ago (the charge and subsequent discharge). Do i need to disclose anything or they see anything on the US end? i heard ionce they have it in their system thay NEVER have to remove it.
If you completed the
If you completed the conditions bound to you, you are discharged. Then you must wait three years for your record to be purged from CPIC. If three years has yet to pass since the discharge was made official, you're still in CPIC.
Use google.
Can being in CPIC still with
Can being in CPIC still with that conditional discharge stop me from being able to drive over the border or obtain a passport?
You might be "cleared" in
You might be "cleared" in CPIC but the Yanks can see your record. Even a pardon does not completely remove your past mistakes. Soooo to play safe, file for a waiver -- this is costly in both time and money but it helps to show "them" (ie. the powers that be down South) that you are now a good person. Of course, you can take a risk, tell the border guard that you do not have a record and when they run your passport...well it won't be pretty and you can pretty much kiss any hopes of visiting the South away.
What if it WASNT more than 3
What if it WASNT more than 3 years ago? Would i have to disclose anything? or would anything come up?
I WANT TO TRAVEL TO USA
I want to travel to USA, but i was on jail, the charge was 'cause i tried to steal a car 'cause i was drunk, it was 3 years ago, i was one week inside, then i haven´t done any stupid thing like that anymore, so I don´t know if I could travel to Miami, please I need an answer thanks...
The answer to your questions.......
Short answers are your friend. Don't elaborate. Don't hesitate. They'll ask you where in Canada you're going and for how long. They may ask the purpose of your trip.
You may be asked if you've been before a judge. What they're looking for here is felony convictions, DUI charges, and other major crimes, which will probably keep you from crossing the border. Minor traffic violations [speeding, parking, tailgating, etc] won't. If you have been convicted of a serious crime, regardless of how long ago it was, you'll need to fill out an application from Canadian Customs or a Canadian Consulate detailing such things as the crime, itself, your employment history, and proof that you attended rehab or soemthing equivalent. Your mileage may vary; they may ask for more information. The processing fee for this form is $150.
Alot of readers have been asking details about this form; where to obtain it, how much the fee really is, what convictions it will pardon. This information has been difficult to come by. Of course, I've put up this webpage as a one-stop source of information about passing through Canada Customs and back through US Customs, but there is, inevitably, some information that I may not have here. Regarding getting into Canada after being convicted of a crime, contact Canada Immigration or your nearest Canadian Consulate. The United States State Dept website does state that "Section 19 of Canada's Immigration Act prohibits the admission of people who pose a threat to public health, safety, order, and national security. Prior to attempting a border crossing, American citizens who have had a criminal conviction in the past must contact the nearest Canadian embassy or consulate well in advance to determine their admissibility as visitors into Canada. If found inadmissible, an immigration officer will advise whether a waiver (Minister's Permit) is possible."
A new question that a reader has brought to my attention that you may be asked at some border crossings is if someone has given you a package to bring into Canada for them. This is the same question airlines have been asking at the check-in counter for a few years now [but have since ceased asking this]. If you answer 'yes', they're going to want to see it. No word if they're still asking this at the border. Just like at the airport, be prepared to unwrap any gift wrapped presents you have with you.
Recently, I've been getting asked how old one needs to be to cross the border on their own. You need to be at least 18 years of age to cross without consent from a parent[s] or legal guardian. If you are under that age, the legal adult that you are traveling with must have a signed letter of consent from your parents or legal guardian stating who the child is traveling with, how long they will be there, where they are going, etc. Customs on both sides of the border will ask for this letter. Customs may want to contact the parent back home as well.
I am a us citizen living in
I am a us citizen living in canada for the past 24 years i was resently charged with theft and now have a warrent for my arrest i wish to move back to the usa will i be able to?
Impaired driving charge
I was convicted of impaired driving a year ago , will they deny me a passport
Passport
I'm not sure if they'll deny it, but I would wait the 7 years till you can get a pardon -- then that info. is in the vault. Once it is there you don't tell anybody nothing, US or Canadian Customs -- if you do, then you're in their system for life! Keep your mouth shut and be patient. And don't get in anymore shit!
Young Offender
I was a young offender charged with theft and and a few breaches. Planning a trip to Vegas this year? I am now 21? Any chance I will get through the US border? I am travelling with my Aunt and Uncle! INPUT PLEASE!!!!
:(
If you were charged as a
If you were charged as a young offender after 1994 your convictions may show. If you are going to the united states you may need to get a waiver depending on the charges... It is best to contact the US immigration office and ask...anonymously of course.
Traveling to the US
DO NOT volunteer that information to the US customs or it will be on file for life. If you do, they won't let you in and they will record the info. you volunteered. They will not have access to your information. Keep it to yourself. And don't get in any more shit! It's hard enough out there, I can't imagine how much harder it would be if you were in trouble all the time or eventually get a record. Same goes for if you've had an impaired in the past. Wait the 7 years, then apply for a pardon. Don't tell ANYBODY about it -- they don't need to know. After your pardon, apply for a passport and don't mention nothing. Don't tell customs either US, or Canadian. If you do -- whamo you're in the system.
Canadian with us warrant
My friend has an American warrant over a speeding ticket apparently she had no way of paying it cuz she had to go to court even though she was only driving through the states. I'm planning on going to Cuba or Europe and she wants to come along, will she have any issues travelling if she avoids flights to the states.
how do i know if I'm in
how do i know if I'm in their "system"?
Just try
Just try to cross the border and keep your mouth shut and see what happens. Then you'll know. Don't volunteer anything about your past, even if they squeeze you. There's really nothing to worry about, if you don't get across, you go home.
Horribly inaccurate nonsense.
Horribly inaccurate nonsense. Read the Immigration and Nationality Act.
need help
i have a question the family that took care of my son wants to take me and my son on a trip next year in march and i am just finishing up my conviction and assualt is my only chrage so how do i go about getting a passport and question num 2 is my son is 2 right now but will be 4 next year and his father is in jail so how do i get him a passport
passport with an offence.
my BF a few years back was charged with assault and i do believe he was also charged with other offences, nothing to serious, but his past when he was younger was not so "clean". The last 6+ years he has been great, he got granted full custody of his daughter and has been doing awesome the last 6+ years. We are planning on going to mexico and are applying for a passport...does anyone know if he will be able to get a passport,? and if he does when going into mexico can they still see into his history somehow and hold him back from entering and leaving mexico even if he still has a valid passport?. Any comments would be very helpful. thanks
Passport With offences
My Brother told he he could only go to Mexico if it is a direct flight, he said he has a passport but because of his offences he is not allowed into the States. So just make sure your flight is direct and you should be fine.
passport travelling to Mexico
Hello, I have been looking into the same thing as we are planning to travel to the US & my husband rec'd a US waiver card for this purpose. It is my understanding that if you have a valid passport & you are travelling to Mexico that you will not be held back unless your flight has a "stop-over" in the United States. It is ONLY the US that does not allow a criminal conviction of "moral turpitude" that would have your BF refused entry. Moral Turpitude is defined very loosely as a conviction or criminal record does not clearly define this. For instance, if there was a "drug charge" or "trafficking" charge it seems to lump it into the same offense, which, it is clearly not the same offense but will not show up as such. You would have to get ahold of a Immigration lawyer to determine what, if any, is considered moral turpitude & if it would be a cause for your BF to be denied entry. With a little research you can also get this "list" on-line.
On the other hand, if your flight is direct----meaning no stops from Canada to Mexico----then it is unlikely he will be refused entry. The law changed in Oct. 2002 & anyone that has not been granted a US waiver that is renewable every 5 years could possibly be refused entry into the US---the United States is (currently) the only country that adheres to this strict policy. I know for ourselves, I would much rather travel to somewhere hot & far away that is NOT in the US as I know that he will not be denied entry regardless of his wiaver. It might be something you should check out with the US immigration & border crossing. I have called the general phone # at our local airport & they were quite helpful & will tell you exactly what you need & the risks involved if you do not have the proper paperwork/authorization in advance. Also, if you are planning to travel in the near future I would suggest that you get onto the paperwork thing as it is very time-consuming & generally can take from 8-12 months to clear up.
Oh, I forgot to mention, if you are applying for your passports, if there is a criminal record & no pardon has been granted, it will likely contain an FPS (fingerprint identification) number that is encrypted on the passport. I know that we had previously applied & rec'd a pardon & that we still were not guaranteed that this number would not show up on our passports. I guess it would also "alert" the authorities that your BF had/has a previous criminal record. Just be prepared & do not lie when asked because that, in itself, would limit his chances of entry. Like I said, if you are not leaving from or entering into the United States he (you) will have little to worry about. I would hate for you to make all your reservations & airline tickets only to be turned back at the port of entry. You may want to contact an immigration lawyer as they generally will give you a free consult & you will have a better idea of where you stand. Also, contact the airport that you plan to depart from & ask to speak to the US customs & border crossing. Good luck!
Traveling to us
I have a criminal record in canada for ''fraud'', i did not go to jail and in fact did not get anything except a fine to pay.. Do you think i can enter usa?
passports/ fines
K so i have a criminal record and its youth i think,... i have a fine of $300 from the offence and a criminal record with the fine... will the fine affect getting my passport?!
passport
I HAVE NEVER BEEN IN TROUBLE WITH THE LAW IN 12 YEARS? WOULD I GET A PASSPORT ? I HAVE A CRIMINAL RECORD BUT ITS OLD?
Record
Apply for a pardon! You are way past the 7 year timeline. Do it yourself too, don't hire anyone.... it isn't really that much work. Just a few steps, a small amount of money, and patients -- it could take upwards of close to a year to be completed. But at 12 years, you'll probably get fast tracked. Don't do anything until you get it because if you volunteer your record to customs, US or Canada -- you'll be in the system for life... and then you ain't going anywhere.
Criminal Record
Hey, guess what? That criminal record no matter how old it is still exists. Your best bet is to apply for a pardon & if you are planning to enter the US you will also need US wiaver card. Go online as there are several "reputable" companies that can help you with this.
Also, it is doubtful you would be denied a passport as it is simply a valid piece of "identification" however, you would most definately be denied entry if your criminal record is still on file with CPIC, APIS etc. Also, you should probably apply for the pardon & US waiver BEFORE you get your passport (if it is at all possible) as this has something to do with have an "FPS" (fingerprints?) being encrypted on your passport. Encrypted, meaning that the authorities would have been alerted to your criminal past. Not really sure how it works but you may want to contact an immigration lawyer or the US border crossing at the port of entry (airport you are departing from) in order to make sure you have all the proper paperwork filed & verified. Good luck!
Canadian Passport in the US
I have been living in the US for a few months and had to travel for work. I realized my passport was about to expire and had to get a renewal. I applied for my passport to Passport Canada in Gatineau QC. and was rejected. They said the photo did not meet their standards and I had to resubmit. I am now 3 weeks into the passport situation. I didn't have the time to go to Canada so I tried an expedited service that is in Canada and was able to get my passport within 2 weeks. They were able to review my application and photo online so that it would pass the Canadian Government standards.
trying to get a canadian pass port
I was hauled into court in 2007 for charges for fraud under 5000 then i was supposed to go back in april of 2008 and i never did, up until then there was nothing on my criminal record and i was wondering if i will be able to get a pass port so i can travel to cuba, also i was wondering if there will be anything on my record becuase i never showed up and was never charged with anything, there might be a warrent i am not sure will any of this stop me from getting a pass port
as stated, you probably have
as stated, you probably have an arrest warrant. You wouldn't be required to go to court if you haven't been charged. It is quite possible that attempting to cross a border will result in your arrest.
Passport
Sounds like you could use a good lawyer!
If you didn't go back to
If you didn't go back to court in 2008 you will DEFINITELY have a warrant. You will get into Cuba but you will be stopped coming back into Canada.
obtained a canadian passport with a record
I was charged and convicted of many serious drug offences , assaults, threats. I spent 2 years in jail . 2 weeks ago i applied for my passport and today i recieved it with no problems in the mail. Keeping in mind iam also still on probation. They will issue a passport to anyone , as long as the court did not previosly impose a conditon to not hold a valid passport. I love my shiny new passport issued by the very same goverment that convicted me. The problem is not getting a passport ..its getting into the country you plan to travel.
what do you think?
hey, im trying to get my fiancee on a trip to mexico, he has a criminal record for stupid minor things like disturbing the peace, public intox, blah blah, hes also currently on probation and needs a passport, and if u didnt have a proble i dont think he will but a few years ago he tried to go to detroit for the auto show and the us border people turned him back do you think that will come up when applying for a passport
" 2007 for charges for fraud
" 2007 for charges for fraud under" +"...and was never charged..."
you are contradicting yourself.. if you got charged and didn't show up for court, there is a bench-warrant for your arrest, you get pulled over, your getting arrested. Secondly, you will absolutely not be able to get your passport. You shouldn't be thinking of sipping Mojito's under the sun, you should be thinking of how your going to clear up those charges bud..
Passport Canada, PLEASE HELP -- NEED INSIGHT!
I had been charged in October of 2008 with trafficking and possession with the intent of trafficking. I wanted to visit some family back home and Passport Canada gave me a REALLY hard time, even though I had not been convicted. So after begging and talking to numerous people they agreed to issue me a 6 month passport that expired on the 28th of december (2009). Now here's the catch:
When the lady agreed to issue me the passport I signed a paper stating that I would return the passport when I came back from my trip. Its been 5 months now and I still haven't returned it. I have wanted to return it but I had some domestic dispute with my family here and wasn't able to access my home to get my passport up until recently. What are the consequences of breaching an agreement with passport agency? I still have my passport and have not used it for any purpose other than the travelling they are aware of (they can check the visa stamps). How serious is this offence and what are these consequences? PLEASE HELP AND I THANK YOU ALL IN ADVANCE FOR YOUR TIME. ALL THE BEST IN THE UPCOMING NEW YEAR!
P.S The trafficking charge had been completely withdrawn and I received a conditional discharge for the possession.
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