2010 Update: I've written a clearer and everyday explanation of who can't get a Canadian Passport. I recommend reading this link first, then come back here to read it and the comments (there are several pages of comments!).
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.
Help please
hey guys Im madly in love with this girl from canada and I am wanting to visit her for a week or so I have gotten like Driving without a license ticket twice and umm a speeding ticket ya ya Im a bad driver..and I did face a weekend in jail for it twice what do i need to do to get into canada? will they show up on my record? they have all been over 3 yrs.. please help
Travelling to the US with an arrest record
I was at a friends house visiting last week when their house got raided by the cops, for me it was a case of being in the wrong place at the wrong time...everyone, including myself was zap strapped and told they were under arrest for possession with the intent of trafficking. Only the residents of the house and a few people were taken down to the police station. Myself and a few others were sent home after having our rights read and getting strip searched.
My question is this: if I wasn't taken to the station to get fingerprinted, formally charged and a court date set, do I actually have an arrest record, or was it just police procedure for them to arrest everyone in the house according to the search warrant? Also, if I want to cross the border into the US, will anything show up and possibly prevent me entry?
travelling to the U S A witharrest record
first you have to be charged fingered printed and a court date set and then found guilty to the charge before you would have a record.
were you issued a promise to appear citation...you must have or you would not have been released...the promise to appear is in order to set a court date to enter a plea.
also you can not be stip searched unless you have been taken into custody.
you usually have 30 days before your promise to appear is do,during that time you would have to appear at your local police station to be fingered printed.
you should have a matter before the court in which case leaving the country could bring you added problems....like evading capture or prosecution....not reconmmended.
Great Questions!
wow, so many questions! I myself am not very knowledgeable about the impact of criminal records on passports, although it is an excellent topic that I will be looking into soon on my own blog!
hi
hello, a few years back, i was caught stealing from a store and the police took all of my information but i was never charged for anything. I was wondering if i could get a passport and go into the us? Thank you!
I dont have a criminal record
I dont have a criminal record but I have been arrested a few times. went to court and yada yada yada. A family friend who happens to be a police officer told me that he knows about my past arrests. does this mean that if i apply for a canadian passport that i will not be able to get one?
Emigrating from the UK to Canada
I was charged with defrauding my work timesheets to the value of £350 (which was paid back) 12 years ago and was given 2 years probation which was later reduced to 1 year. This has haunted my life since. The only person who is aware of this is my husband and is very supportive and has the opinion that its something everyone gets away with everyday, I was just unlucky! Its not the point, I was convicted and it is very hard to live with. I have never been in any other trouble.
We now have a young family and would like to offer them a better life than we can offer them in the UK and one our favourite places is Canada. I am terrified that we will be turned down in any country because of my past, where do we stand. We would be looking at a work visa to start?
criminal record / travel into the US
hi, i have an assult charge from over ten years ago and a theft charge from when iwas 16 years old(im 31 now). will these charges prevent me to travel into the us? i have been a good boy since the last charge and it was over ten years ago. do i still need to get a pardon before i can get a passport? i also am starting the process for a pardono. i am waitin gofr my criminal check... someone told me i could possibly get one bcuz they heard that if someone has charges ten years or older that they would still give me on. but reading some of the posts here i do not feel as sure as they do. so please if anyone knows the answer please reply... thank you.
re'criminal check
So I just started the process of clearing my records up and hear is what I know,that I think you should find useful.
I have charges for shoplifting going back to 1990. They were discharged but because they were pryer to 1992 they were not removed from my record as they should have been after 3 years. I have to go through with the certified criminal check with the finger prints. Cause when this record check comes back to me it will have the charge ,the dates, the outcome, the fullfilment of paying fines or other retribution.
I then will have to request a purge of the criminal record which is another route all together.
Your charge from when you were 16 will not be there for sure.
But if your assault was an indictable offence you will need to be pardoned as it will stay on your record even after the 3 year wait. If it was over 3 years , no later than 1992 and not indictable than it will also be off and you should get a clear record.
In any case go ahead and get your passport. You do not need to be pardoned to get one. get your fingerprints and certified criminal check done at your local police service. In the mean time as they are backed up by 120 days to get them returned to you . Make sure that the form states that it is for the purpose of getting a pardon. Then you will not have to request a new criminal check if it it shows you need your pardon as you have it allready. Fingerprints are faster if done electronicaly but not all police stations offer this service.Fingerprints were I am are $54.00 and then another $25.00 when you send the forms off to Ottawa. When you get your check back make a few copies as you will need to send originals with your pardon application if you need one. keep one should you want to drive to the States keep it with your visa to show the Border people if need be. They really want to be able to decide who to let in and it is always better to be straight up with them. They usualy won't bother you unless you are staying any real length of time. If you are planning to fly you will need to get a US waiver as the States DO NOT recognize a pardon unless you have a waiver.( again they want to decide who comes in to their country) Also if you need one for work , they might bring you on board anyway if they can at liest see what you have on your record and they can see you are starting the process of getting pardoned. Which has happened with me, Even though I know it is not legal for employers to request any info on what the charges are only that you have or have not any charges. Slightly embarassing but it helped me to secure a good job by letting them see what was really on my record.
Hope this was helpful . Some info that I would have been happy to have when I 1st started out.
GOOD LUCK
criminal record travelling to the us my experience Aug 1
I was dropping some family off in the US to catch a flight to another country. 30 years ago I was charged not convicted of possession of stolen property. One of the family needed to get a visa for entry to to the US. They ran all of the passports. I was deemed not admissable. could not take them to teh airport. Was originally told to take them back to Canada and they could come back? Thought the problem was with me. After talking to a supervisor I was allowed to call them a cab to take them the rest of the way. I was sent back to Canada. Fingerprinted mug shot the whole 9 yards. Also told if I cam back I would face jail time and any vehicle that I was in would be impounded. You can apply for an exemption it costs 545 US and takes 6 -8 months. Money is non refundable. One of the guards said that if I could get a copy of the court transcript I could take it to a passport office and they might let me in. i would always have to keep the transcript with me. GOOD LUCK
info
i have a friend on parole for felony simple possesion charges. would he be able to obtain a passport to go to canada? if not would he be able to obtain a passport after his parole is succesfully completed? Any info would be very helpful if someone could shed some light on this.
any chance??
I am a canadian citizen and I have been wanting to get out canada, as I never have before. I was convicted for Fraud charges a couple years back, is it possible I could cross the border? I know a wonderful man who is from Detroit and he has a DUI and I want to get to see him in person. If I am unable to cross, can he maybe cross?
Wisiting a Country with an past criminal record.
My father was charged with impaired driving, he injured his passenger but no one was killed. He left went back home to Europe, it has been 15 years and I finaly fopund him again. I would like to send him a plain ticket to come and see us since I have a family of 5 It would be a lot cheaper just to fly him here, would he be arested apon landing?
hi
i just became a canadian citizen and i went to the passport office to apply for one,my guarantore forget to sign the back of the photo,,so i did it coz me and my guaratore are best friend and we know each other and we work together,but they know what happened,they asked me to apply again ,and i did,and ask with the new application ,a statment telling them what happened and why i did that,i gave them the application,and they said to pick my passport up soon,but i m still so worry ,is it going to effect my record,because i v been living in canada for 5 years and i never did anything not good,my record is so clean .
travel within canada
my boyfriend was convicted of a crime and sentenced over 11 years ago. He has never gotten a pardon for it. We are both Canadian citizens and would like to travel by air within Canada. Will there be any issues with this?
none whatsoever
none whatsoever
travel Canada
No it doesnt matter when you are flying within Canada. I have a criminal record that is an indictable offens from 4 years ago and i travel all the time for work. This is because you do not need a passport to travel within canada. hope i was of help.. :)
There is no way that you
There is no way that you would be able to travel via official channels if you have a warrant. As soon as you name is checked you will be detained.
please answer me someone!!
I heard from police that i have a warrant out for my arrest, and i obviously know why. it would be for theft under, but the place of business that is accusing me burnt down...can they still try and charge me for this? I am also getting married next year, and want to know what i should do (because im no longer in the same state as where i am being accused) for my honeymoon. can i still travel to another country with an outstanding warrant?
First Offense Domestic assualt Charge
Can I still cross the US boarder even though I have a withdrawn Domestic Assault Charge? It was my first offense and It was 2 years ago when it all occurred, I was (19) and I'm a Canadian Citizen. Can someone please tell me what I need to do in order just to go across the boarder for a night? It would be much appreciated. Thanks
First Offense Domestic assualt Charge
Can I still cross the US boarder even though I have a withdrawn Domestic Assault Charge? It was my first offense and It was 2 years ago when it all occurred, I was (19) and I'm a Canadian Citizen. Can someone please tell me what I need to do in order just to go across the boarder for a night? It would be much appreciated. Thanks
First Offense Domestic assualt Charger
Can I still cross the US boarder even though I have a withdrawn Domestic Assault Charge? It was my first offense and It was 2 years ago when it all occurred, I was (19) and I'm a Canadian Citizen. Can someone please tell me what I need to do in order just to go across the boarder for a night? It would be much appreciated. Thanks
First Offense Domestic assualt Charger
Can I still cross the US boarder even though I have a withdrawn Domestic Assault Charge? It was my first offense and It was 2 years ago when it all occured, I was (19) and I'm a Canadian Citizen. Can someone please tell me what I need to do in order just to go across the boarder for a night? It would be much appreciated. Thanks
Warrant-Us Citizen
I'm an American in Canada,I was on probation for a domestic assualt with my ex-girlfriend and was about to complete probation and get to go home. But she called the cops and accused me of assult again!!!!...If I wanted to leave, you think they would arrest me at the border? P.s I'm an American citizen in Canada just trying to fo home.
It depends on a couple
It depends on a couple things, they have the authority to arrest you but detaining you w/o any definite answer of when your county will come and pick you up is highly unlikely. I had a warrant for forgery and when i got to the border they told me to take care of it b/c they knew the state i had the warrant for was so far from the niagra border that they just told me to take care of it. its the luck of the draw but my advice would be to go for it.
I have a question when it come to child support?
I have an ex-girlfriend that is pregante right now and she says it is mine but i am not sure if is but if she takes me for child support could that stop me from become a US citizen, cause I have a fience that lives in the states i would like to go be with her and step kids to be and i dont want that stopping from getting in so could someone please help me out and let me know please and thank you
public mischief
Hello can anyone help me on this issue..back in 1986 I was charged with public mischief and all the judge said to me.was you look like the type of person that if you told a lie, that you are sorry. so he told me to keep the peace and to behave myself.Will this stop me from crossing the us border
After 3 years your clear now.
After 3 years your clear now. because computers were still fairly new at the time charges pryer to 1992 may still be on your record. If that it is the case you may have to have your charges purged and removed from your record by filling out an request form and sending it to Ottawa there is no charge for this but you need to know aprox.date and charge.Nowadays the records are swept clean automaticaly every 3 years for missdemeaners I think your minor charge seems to me was probably discharged in that case should be long gone.
Can i get a passport?
I was charged with a failure to appear on a charged that was dropped so now i have a record.. I wanted to now if i am still eligible for a passport.. That was 6 years ago ,And i would like to visit friends in the U.S. Could anyone help answer my question? greatly appreciated as i cannot afford all the fees for photos just to be rejected.. Thanks...
Hello, Every Canadian has the
Hello,
Every Canadian has the right to apply for a passport regardless of whether or not they have a criminal record. However, it is in your best interest not to attempt entry into the United States until you obtain a Canadian Pardon. The United States is the only international country with access to CPIC (The Canadian Police Information Centre). CPIC is Canada's criminal record database. If you attempt entry and are refused, you will be finger printed and photographed and told not to attempt entry until you have obtained a U.S. Entry Waiver, furthermore you will be flagged as a criminal (as per the Americans) for the rest of your life. There is no way to remove this information from their system, even if you later obtain a Pardon. The application process for a U.S Entry Waiver can take six months to a year, and it can cost upwards of a thousand dollars. Furthermore US Entry Waivers are only granted for 1-5 years; then you must reapply and go through the entire application process again.
However, if you obtain a Canadian Pardon BEFORE attempting entry you shouldn't have any problems. With a Pardon your criminal record will be moved to a non-searchable database and will be removed off CPIC. Essentially you would have your record removed before the American's find out about it.
[removed] can help you with the Pardon application process (or if need be the US Entry Waiver application process) If you have any questions please call us at [removed]
Hope this helps
Colleen
(editor's note: this isn't the place to advertise your services.)
my question is not crime
my question is not crime related but important to me . I'd appreciate it if anyone shares some insight.
My mother is a Canadian citizen but she did not obtain a passport before she went back to her birth country. Is she able to apply for her first Canadian passport through the Canadian embassy where she is?
Thank you
Canadian Citizen, Foreign Country, No Passport
Sure! There just may be some more identity and proof requirements (like birth certificates, Citizenship cards, etc.)
I HAVE A RECORD
I HAVE A RECORD THAT I CANNOT STOP FROM HAUNTING ME BUT I JUST GOT A GOOD JOB OFFER IN ONTARIO AND I WANT TO LEAVE THE US TO START A NEW LIFE WILL I HAVE TROUBLE CROSSING THE BORDER IF I AM GOING GREY HOUND OR PETER PAN BUS POOLS?
CANADIAN PASSPORT & OLD CRIMINAL RECORD
APPLYING FOR CANADIAN PASSPORT :
WHEN U HAVE AN EXPIRED PASSPORT and are 'renewing' it, do they check for criminal records
after one files a new passport application ?
are criminal records accesible through info on, or connected to, your passprt ?
meaning, if a border guard checks your passport, are they able to access your old record
or find out about your criminal record somehow through your passport ?
Yes, unless you get a pardon
Yes, unless you get a pardon for your criminal record (assuming that it's an adult record) the border officials will most likely be able to find your record if they search for it. It's always a gamble going across the border, they might just ask you what you're going there for and let you in for a visit, but there will always be a chance where you'll be denied from entering.
went to jail twice for prosition about 3 yrs ago
i went to jai; 3 yrs ago for prostion it was the second charge they didnt charge me with a felony just 2nd degree mistminer
my life had changed sence then and i now am in school and have a child and living a good life
will this charge keep me from visisting canada to see a really good friend there
please let me know tks
record over 15 years old
Over 15 years ago I had committed a theft, it is the only time ever that I have been convicted of anything. Apparently I found out that this charge appears on my police record.
There is no other conviction or any other type of criminal record.
Apparently under the new laws any theft type of charges automatically fall of your criminal records without a pardon required. Because my charge occurred well over 15 years ago - I was informed that I have to go through the pardon process.
Will this cause problems getting a passport?
Sounds like you are having
Sounds like you are having the same issues as me. Pryer to 1992 you have to request your record to be purged and removed there is a form on line you can pull up. Send it off to ottawa and they will remove it off your record at no charge to you. it should have come off automaticaly after 3 years but slipped the system. Just be thankful for this problem at liest you do not need to go through the process of a pardon.
passport
Hello, i have a very extensive youth record that is over 16 years old and 1 assault charge that is 11 years old. I received my passport in ten days after the application.
bench warrant
I have warrants issued for unpaid traffic fines and also missed a DUI sentencing date in the province of Alberta,...If I move to Ontario can I get my license without paying the fines and can I be arrested for failing to appear????? Any answers would help thanks.
Travel info.
I recently served a 10 months sentence in Canada for marijuana trafficking. I was wondering if there are any countries that will allow me admittance for a vacation before I get a pardon. Do all countries require a passport?! thanks
Undesireable people are not welcome
If you have a criminal record of any offence you are a CRIMINAL!
When you are being screened by immigration officials you are seen as an undesireable person.
Just think of it this way
Would you let a stranger whom the only thing you know is that they are a criminal into your home alone?
This is essentially what the guards at customs and the border must decide every day.
go fuck yourself
go fuck yourself
Haha. Comments like that
Haha. Comments like that illustrate how you probably ended up with a criminal record in the first place.
Sorry folks, but thems the straight up facts. You can whine and cry all you want, but you did the crime, and may have paid your time, but the effects can go on for the rest of your life.
It's not your RIGHT to enter any foreign country. Own up to your mistake, adjust as needed, and move on.
People make mistakes, they
People make mistakes, they need to pay for the rest of their lives? When you are a kid and steal something and get arrested and are put on probation...(you did your time) you should be put down for the rest of your life? I don't think so. That's an arrogant and cocky statement to make (saying people need to pay the price for ever). Mind you, if they killed some one or something really serious then no, you should't be allowed to leave the country. And it should be people's rights to go where they damn well please. Countries are invisible borders created by man and man's need to conquer and devide.
Normally I'd delete these
Normally I'd delete these kinds of comments, but this reply (from July 1st) is right on the mark.
Agreed!! One petty theft
Agreed!! One petty theft charge when you're young and stupid shouldn't mean you have to suffer for life. Especially 10-15 years later when you've done your community service, learned your lesson and kept your nose clean. People make mistakes and fall in with bad people it's a reality. Theft is not the same as murder!
drug charges not yet convicted
Hi,
I am American living in Canada and my soon to be husband is Canadian, we are about to travel to the U.S just to visit my parents for two weeks we will be driving. Problem is in Oct we are charged with drug charges and our next court date isn't until Aug are we still able to travel for a visit to the u.s? Any help/Info would be very helpful thank you
I'm not sure you have a good
I'm not sure you have a good situation all in all...first off your not married and you didn't mention how you got into Canada in the first place...as far as immigration goes there.
Telling the guy at the border going into the usa he's your fiance might make them think you are about to stay in the usa.
If they do let you in they will separate you to make sure your stories match and may or may not allow you into the usa.
then you will also have an issue coming back into Canada possibly with your now drug charge pending or not.
You best stay put or you face the risk of being separated for a long while.
short layover in u.s.
my friend wants to go to mexico, but our flight is stopping in houston for a short layover. he doesn't have any criminal records, except for youth records. would he be denied entry at u.s. customs?
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