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.
Form for transferring warrants
By any chance do you happen to know where I can get a form to transfer my arrest warrants in Canada?
can i enter the usa. with a conditional discharge?
I was charged with fraud. I complete all my conditions. And was given a conditional discharge. Can i enter th US.
conditional discharge
I was charged with assault and given a conditional discharge. I have never been denied entrance into the U.S. (and I go there ALOT). Just NEVER lie about it, if they ask. But I don't think that it even comes up on their database when they scan my passport (because I have asked...and they couldn't find it)
Traveling to the USA will they get Denied?
OK I have a family member that will be flying with me into the USA next week, and he got a Pardon which was granted 12 years ago (in 2000). Also the Crimes were done back in 1984/1985
And they also have NEVER attempted to pass into the USA until now.
What are the chances that they wont even be in the system as the pardon was granted so many years ago.
The Crimes were ( 2 Thefts over $200, 2 Willfully causing a Fire, 2 Forgery, and 1 of misleading a peace officer)
From what we have read online that if the Pardon was obtained and the person has never attempted to enter the USA before the pardon was obtained that the USA wont have their information in the file because Canada would have already sealed the information 12 years ago.
Also from what I have read on pardons canada website.
"If you have never been stopped at the U.S. border it means that they do not know about your criminal record. After your record is pardoned or destroyed, your FPS# no longer appears on searches that INS conducts at the border. Therefore, they will not have access to your past record."
canadian criminal record
hi
i have a criminal record and i am in a pardon process which will be granted hopefully in 2013, i was at the us border last april to validate my mother's immigration documents and i was told to give my passport which i didn't have with me, i gave my driving license and was asked if i had any record and my answer was no of course :) and sent to the office to process the documents, at the office one of the agents gave me a small piece of paper and the refused entry was marked on it and she told me that i have to bring my passport next time, so all i want to know is did they know about my record or not, can you pls explain
canadian criminal record
hi
i have a criminal record and i am in a pardon process which will be granted hopefully in 2013, i was at the us border last april to validate my mother's immigration documents and i was told to give my passport which i didn't have with me, i gave my driving license and was asked if i had any record and my answer was no of course :) and sent to the office to process the documents, at the office one of the agents gave me a small piece of paper and the refused entry was marked on it and she told me that i have to bring my passport next time, so all i want to know is did they know about my record or not, can you pls explain
US warrant for bad check ( casino marker)
im a canadian citizen and the warrant i believe is Nationwide (us) can i still go to dominican, and on reentry to canada will i be fine?
I need answers
I am in the process of sponsoring my jamaica fiance to come to canada, and he has a criminal record in the united states.. will this information show up on his jamaica criminal background check, and will canada search for criminal records in united states even though his home country is jamaica?
I Have a Robbery Charge
I Have a Robbery Charge I Am Currently Working on Through Court , And I'm Leaving Canada in May Going To Guatamala For a 2 Week Trip , And Thye Flight Happens To Stop in The United States , And Was Wondering if it Would Be a Problem ?
I don't think that's a good
I don't think that's a good idea! I have a robbery charge as well, I have already served my time and done probabtion but still have the record and I am not allowed to land in the US
canadian citizen with uk criminal record denied access to us
hi i have a criiminal record from 1969 in the uk that no records are available for, i have been a canadian citizen since 1978 and living here since 1973 they require info on charges which i can only give them my account of,since no records are to be found,what can i do in this case?the reason they knew was that i applied for a visitor visa in 1971 and gave them the info re my convictions,they granted me the visitor visa at that time,so when they asked at the border in 1990 i couldnt deny it so they denied entry,since then i applied for a waiver, and recieved one, so figured that was that,tried to enter again but waiver expired,so they denied entry,i am at a loss as to what to do next,i am looking into obtaining a pardon from the uk (for something that doesnt exist)any help would be appreciated,thanks.
Once you are inthe United
Once you are inthe United States Homeland Security's system, you then are in the FBI's system and any pardon is not recognized by the US government. Best advise is to continue applying for the US entry waiver.
hi i was charged with
hi i was charged with possession of oxycodone (3pills) about a year ago pills which were not mine... the charge has not been resolved in court yet and is still pending... i am wondering is there a way for me to go talk to the judge to allow him to maybe remove this off my record temporarily so i can gain access to the US for a couple of days because i was given boston celtics tickets for my birthday last week and i really will be upset if i cant get in.... i would be goign with family and would not cause trouble... is there any possible way around this??
Entry into Mexico
Hi, i am a Canadian citizen with a criminal record and I was wondering if I flew directly to Mexico from Canada if I could get in and enjoy a vaction.. Any help on this would be awesome
mexico
Don t land in US u will be fine. Still need passport
Get on that plane!! Direct flight only
My boyfriend, who is a Canadian citizen and has a criminal record including theft, assault and failure to appear, was able to obtain a Canadian passport last year and on a whim, we hopped a plane to Mexico for Christmas. We did not encounter any issues whatsoever upon entering or exiting both Mexico and Canada. However, be sure you do get a direct flight, as I understand stopping in the USA with a criminal record will cause you all sorts of grief, though I have no idea just how much or of what kind. We are actually currently looking into this, as we would like to travel to the USA one day soon, if they will have us. Enjoy your vacation in Mexico! Our vacation was amazing!
so mexian customs dont check
so mexian customs dont check your records?
I have bn looking at this for
I have bn looking at this for a friend and it recommends that u contact in ottawa the mexican consulat prior to going ... B sure ur flight is direct and no chance of touch diwn on states or ur screwed without a waiver. A pardon is not recognized by the states u need a waiver...
Plead Guilty in the UK
My fiancée was accused of stealing a 20quid phone from his (no longer) friend's market stall. He was recently taken to court (Jan 10th, 2012), where his solicitor did not show up and the barrister told him to plead guilty because if he plead innocent and was found guilty he could be sent to prison. So, even though he didn't do it he plead guilty and was given 100hrs + 6months of of community service. This is really crappy timing, as we were in the process of applying for him to come live with me in Canada and gain a work visa. Is it possible to have his charge pardoned in the UK for him to come to Canada, as it was a minor and first time offence? How do you/what is the best way to gain a pardon or remove a criminal record obtained in the UK? Should we speak to the Police Dept regarding his criminal record (as I believe in order to apply for a work visa he has to obtain a police certificate)? Thanks, any advice would be much appreciated.
My husband cheated me and
My husband cheated me and come to canada. I was the principal applicant and after we came to canada, he started negleting me and now he is gone somewhere else; I was depressed and went back to my home country; there is no contact since the last one year, her is not picking the call, he left a message for a Divorse thru one email. My brother says he wont come untill he apply dor his canaidan citizenship. Do you think if a file a case here in india will affect his citizenship (which i really dont want )
Canadian wanting to travel to the U.S.
About 10 years ago I was charged with Possession of substance A narcotic and convicted.. probation and community service. Prior to this, I visited the U.S. often but I was turned away at the border about 8 years ago and have not tried since. Will I have any issues if I try now? If I will, what can I do to change that?
Thanks in advance!
You would be on the FBI List
You would be on the FBI List of people never to gain entry again.... you should have stopped before even now when you get a pardon they will still NOT let you in as you on
a no entry list probably called something dumb. Once charged you must obtain one of the following before attempting entry a US waiver or Full pardon of your crime. Now if you were given a conditional discharge once probation is complete your record is gone like magic. but assuming you were stopped at the border tell me it was a suspended sentence.
Small amount of weed crossing into the US
My friend was travelling into the states from canada and when they searched his car found .04grams of weed. He got charged and fingerprinted and all that, posted bail and headed back to Canada. A week later the bail money was sent back and the charges were dropped. He is going with his family to Cuba or Dominican now, he had to get a new passport because he lost- (but the old one did have a stamp the US border put in saying 'paroled'- not sure if relevant because he is getting a new one) So he was wondering if travelling to any other country now- besides the States, will he have any trouble getting in or if they have any knowledge about this. Thanks
passport
I'm wondering my boyfriends wants to get a Canadian passport but thinks he has a warrant in the states for a dui can he still get a passport in Canada with one!
he may be able to get a
he may be able to get a passport, but he may be detained if he enters the USA. they have a record of him there and might be redflagged at any ports of entry to the US from any part of the world.
going over the us border from canada
Just wondering if they would stop me from crossing the Us Border from Canada when I have a fail to appear charge and obstruct justice charge back in 1986.
Yes. computers will never
Yes. computers will never forget. 9/11 made americans less forgiving if non-forgiving at all.
Help! Can you get into the states with Alberta warrants?
Hi My husband and I would like to go to the states but he has some Alberta warrants for driving with no insurance and not being able to pay the fine. We are wondering if they will just arrest him at the border or if its not checked? Please help
Thanks
listen. get him to PAY the
listen. get him to PAY the fine. money is nothing compared to the hassles he will face being detained at the US border. the US will detain you for any form of misdemeanor or felony u.s. equivalent crime done in canada.
CAn I get back in to Canada
Hello and thanks for finding the time to read this, I have been living in Canada for 22 years now, however I have a federal criminal record I have finish all my probation and such, I cannot apply for a pardon because I gotta wait for 7 years before I do that, so my question is, If I travel to my country of origin and then returned, can I come back into Canada ? or they will tell me I'm not able to enter due to my criminal record
you may not want to come back
you may not want to come back if you have a record in the country if they say no just stay in your country wherever that is a live of peace and harmony :) its a win win :P
are you a canadian citizen or
are you a canadian citizen or a permanent resident of canada? i am assuming your criminal record was in canada (you mentioned "pardon" that's why i assumed). If you are a canadian citizen, you have the "RIGHT" to re-enter the country. this is YOUR country of citizenship whether you were an ex-convict or not.
the question is, since you do have a federal criminal record in canada, will your country of origin "allow" you to enter in that country? remember even if it was your country of origin, once you present a "canadian" passport, you are a FOREIGNER to that country of origin of yours. you may want to present the passport of your country of origin when you enter it.
your dui conviction
you can still enter the USA with a DUI conviction (assuming you are a Canadian citizen) Homeland Security only refuses flat out those with drug convictions.
I live in Canada and currenly
I live in Canada and currenly in the process of dealing with a drinking and driving charge.
I have a lwayer and the process may take over a year, I do not have any prior convictions.
Am I able to travel to the states for a week vacation?
I live in Canada and currenly
I live in Canada and currenly in the process of dealing with a drinking and driving charge.
I have a lwayer and the process may take over a year, I do not have any prior convictions.
Am I able to travel to the states for a week vacation?
i owe money
if i owe money to the canadian government can I still cross the border into the states?
owing money is not a crime.
owing money is not a crime. but fraud or tax evasion is. crime = crossing denial
CPIC
Can anyone tell me if when driving across the border (into the US from Canada) and your passport is scanned, does it automatically perform a CPIC or does the agent at customs actually have to perform another process to do this? I think its up to the agent who they run the CPIC on but I want to make sure so I'm not assuming anything.
Thank you for any help anyone can offer.
Because Canada is such door
Because Canada is such door knobs CPIC is accessed by any police officer in the states and also at the border if you have record don't go unless you have one of the following
A US Waiver
A Full pardon of your crime.
What other countries besides
What other countries besides America do NOT recognize a Canadian pardon?
can i go to canada
hi
i was living in UK from 2003. I got charged with fraud and was released on bail.i fled uk and came to india.i was just wondering if i can go to Canada. can UK police arrest me from canada or send my warrants there. can i have any problem at canada airport. please help
Sir Canada has nothing to do
Sir Canada has nothing to do with the UK.... the police do not have access to UK Record only a database called CPIC commonly used at traffic stops and checking for stolen vehicles at traffic lights also holding all of the records for Canada.
hello if u dont mind
hello
if u dont mind could u let me knw if u got soluation for dis on hema3077@gmail.com ..........if i got i will let u knw .
Probabtion
Im on probabtion for for a simple possession charge, in ends the begining of feb. Will I be able to fly to mexico for holidays without any problems anytime after that?? but book the holiday now??
Possession of drugs OR
Possession of drugs OR Possession of property obtained by crime?
One is considered as a crime of moral torpitude (for which one is inadmissible and should apply for a visa waiver) while the other is an exception under the "petty crimes" clause of the INA and they should allow you through at the border even if they know about it. At least that's what it seems from what I read here.
Here's official word from US Customs and Border Protection
" In general, you might be denied entry if you have a communicable disease, if you have a criminal record for crimes of moral turpitude (age 18 or older), for possession of or trafficking in a controlled substance, if you have any involvement with terrorism or terrorist organizations......."
"The list of crimes of moral turpitude that are reasons for exclusion from the U.S. is also quite detailed. The most common types of crimes involving moral turpitude that would make you inadmissible are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud. At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S., although if there are multiple convictions and or other misdemeanors, you could be denied entry."
https://help.cbp.gov/app/answers/detail/a_id/760/~/entry-into-the-u.s.---canadian-with-criminal-record-or-overstay,-waiver
Question?
I have been stopped at the border before and brought inside and checked. They asked me questions about my pass arrest, I told them the truth, that I was arrested but never convicted. I dated someone and my name came up as an associated with this person. The charges were dropped. They allowed me to enter after a short question period.
Does this mean that I will have problems entering next time?
Will i be flagged next time?
And am I illegally to entering, even if I have not been denied entry last time?
criminal record gettin married want to travel to the usa
questions out of curiosity i have a record from 10 years ago and was charged and convicted of importing exporting revived one year prison term have been out living a clean life for almost 2 yrs getting married to an american and we would like to travel to USA for our honeymoon is this possible the last time i was in the states was 14 yrs ago haven't tried to cross since and i haven't applied for passport i don't have a travel ban
No any one with a drug charge
No any one with a drug charge that hasn't been pardoned, can not enter the states. Unless you request A us entry waver from the states. I don't believe you would qualify based on the short time since you have been incarcerated
passport
can my son get a passport if he was charged for drinking and driving and this happened about 7 years ago
he needs a US Waiver or full
he needs a US Waiver or full pardon
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