More Readable Canadian Passports&Criminal Records Article!
This is a short and sweet summary of my other page about Canadian Passports and Criminal Records. Read this article, then read that one for more in-depth explanations and tons of comments.
Again, I must re-iterate: I have no direct experience with any of this, it's just what I've understood from the actual law itself!
Of course, the final say is with Passport Canada whether they want to issue you a passport or not.
Basically, having a criminal record DOES NOT (usually) forbid you from getting or having a Canadian Passport. This is mainly because a passport is really just a proof of citizenship. You can get one even if you have no intentions of ever leaving the country.
Who CAN'T Get a Canadian Passport
Passport Canada can deny you from getting a passport for the following reasons:
- You didn't fully fill out the form
- You have been charged with an indictable offence in Canada or another country. In other words, no passport for you if you've been charged with a crime that you could be sentenced for more than 2 years while you're waiting for a trial. Even if you're completely innocent, until a judge finds you not guilty, you will likely be denied a passport. Even if the offence is a minor one in the other country, if it is indictable in Canada, it's treated that way while applying for a passport.
- You're in prison, or in prison part-time
- You're on parole, probation, work release, alternative measures, conditionally discharged, or not allowed to leave the country for some reason determined by a judge or parole board.
- You're on parole, probation....blah blah, from another country's prison system
- You've committed some crime involving passports, like forging a passport or lying on a passport application
- You got stuck in a foreign country, and the Canadian embassy/consulate loaned you a bunch of money which you never paid back
- You already have a passport that's still valid
In summary, if you have a criminal record and:
1) Have finished or didn't have parole/probation/etc
2) Otherwise have no current upcoming legal problems
You're probably eligible for a passport. So, getting a passport isn't the big problem...
TRAVELLING WITH A PASSPORT IS A COMPLETELY DIFFERENT MATTER.
YOU MAY BE ELIGIBLE FOR A PASSPORT BUT STILL NOT BE ALLOWED TO ENTER ANOTHER COUNTRY!
This is where you get into things like waivers of inadmissibility and pardons, which isn't what this article is about.
This is just this website's summary. It isn't legal advice in any way. Read the actual legislation and talk to Passport Canada if you want official help.
Will I be able to enter Canada
Hello. I have successfully completed a suspended sentence for Retail Fraud, which resulted in no conviction on my record. Will I be able to enter Canada?
I have a warrent in the
I have a warrent in the united states of America. An I now moved to Canada to live with my kids an my ill mother. I am trying to apply for citizenship in Canada my mother was born and raised in Canada. My other family members all moved here to take care of our mother so my question is do you think it will be a problem for me to obtain citizenship because I have a warrent the max time I will do on this warrent is 8mths?
Trafficking
I was charged with trafficking with intent to sell. P for the P
I applied for a passport my court date has not been set yet. Would I likely be denied?
bNe
hello,i am going to court for a bNe but i didnt enter the building so hopefully be charged with vandelizem.....if so what are the conditions for crossing the boarder i have to go california in the summer!!!
Those that have criminal records in Canada can't Leave Canada!
Post is either spam or blatant copyright infringement, and therefore removed. The title is inaccurate as well.
Those that have criminal records in Canada can't Leave Canada!
I'm not sure that what's mentioned in this post is entirely true, but what the title claims is for sure completely false. Canadians with ONE conviction of a crime that is not categorized as moral turpitude will probably be allowed into the US. As for travelling to other places besides the US, most don't care about your criminal record in Canada.
"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
applying and travelling with a passport to cuba with a warrant
I currently have a provincial warrant in new brunswick for missing a court date years ago i moved to alberta where the warrant doesnt apply according to the police officers here they said Ide have to go to new brunswick to clear it up and well being a single mom it has never been in the budget I had to get away from new brunswick before the court date and well didnt really think of this till my mom asked me to get passport to go to cuba in the spring. Do you think I will have any problems getting a passport and travelling I have no other charges or any record.
hello
hi my boyfriend was charged two years ago as done2 months in jail part time and now applying for a passport.. im sure his propation is over
and we are travelling to dominican .. should he have any problem getting his passport????
Drug Charge, and a warrent..
Hello my husband has a drug charge in canada, and a warrent for not paying the fine.. Can we fly from canada to mexico, and from mexico to canada and everything be fine??
There's always a chance he'll
There's always a chance he'll have trouble getting back into Canada when they run his name if he has outstanding warrants.
Mexico
hi i got charged with fraud under 5000... i got 3months house arrest and 9months with a 10pm curfew. Also the whole yr on probation. I had a crim record before for mischif under 5000. When im off probation i have to go to mexico to my friends wedding... will i be alowd?
help
i have a theift under 5000 on my youth record but it got tied into my adult record cause i got a failure to appear in link with that charge.. i have that still on my record but it was from 10 years ago....can i cross the boarder to the usa from canada or goto mexico?
I have served my time...
I have a BF who is Canadian citizen who has just completed their sentence for trafficing narcotics. This individual has paid their debt to society. I want to go into business with this individual in Honduras. What would my friend have to do to obtain a passport?
complex situation...
I am a US citizen, my mother is canadian, from what i have read i can claim my canadian citizenship and apply for a passport. However... I have some uresolved traffic issues in the states, and probably a bench warrant. I am living in an asian country and will be applying for my citizenship card from the embassy here, what can i do to ensure that i receive both the card and passport( meaning what paperwork)? I understand that canadians can get records expunged but i don't think there is a system in place in the US, Will those convictions appear when applying for the citizenship card or the passport? Or will i only need to worry about it if i try to return to the states?
theft
i was charged with theft under $5000
its been 6 years... under refusalls i dont see anything about theft
but every country has entry requirements, how do i find out if i can go to australia?
warrent
My bf was charged with a bNe in manitoba and we currently live in bc, he has a warrent in manitobo but not in bc will he be denied a passport due to his warrent in another provance
passport
If you BF has a warrent out for him, I would not be applying for a passport till this warrent has been dealt with. When you apply for a passport you have to give them all your info, which then the passport office types in all the info you just gave them and your warrent will come up. Good Luck but I would phone the passport office to find out for sure
Appling for a Passport
I am going to cout right now. I can leave to Country. The charge isnt that bad. I was wondering if they would deny me a passport? I was going to Mexico to get married.
citizenship
hi i convected 1year befor in domestic assult i have canadain pr card after 3 year can i apply for citizenship or i need wait till then my rec is clean ?
If I can leave Canada
When I was 16 I got a fine and never payed it
Now I'm 20 and never biNn arrested and I was wonderig if I could get a pass port and be able to leave Canada if I pay the fin it should be wiped right?
Perm Resident of USA - Canadian Citizen
My son has his 10 yr GC in the USA. He has lived in the USA since 05 and has not traveled back to Canada yet. He received two felonys for theft by taking 3 yrs ago. He was placed on probation for 1 yr and that has been over a year ago that it ended. Will he have any problems entering Canada or reentering USA. Thanks
Drink n Drive
hi, am charged over 80 drink and drive here in ontario, canada and my first trial date is in January 2012.
I came to this country in 2007 and have completed the required # of days to be eligible for canadian passport. but since i have this charge now, can i apply for the passport? will i be still eligible to receive one without any issues?
i look forard to hear from you soon please.
thanking you in advance......Raj
i am from the united kingdom
i am from the united kingdom and have been out of trouble for 10 years, do i have to declare my criminal record to canadian imigration on entering there airport?
Over coming inadmissbility to enter canada!
I moved to US in 1996 with my family. I committed a felony crime (drug distribution) in 2001 which I was sentenced for 2 years suspended & some probation which I completed sucessully. During that time my family received their US passport but i didn't apply for mine and stayed in US with a legal green card which was valid till 2014. In march 2011 I was deported from US, Cuz of those 10 year old charges. I tried fightng my case but no luck, I need to find out, If I am eligible to enter in canada, I was reading something online about rehabalitation application process. I am pretty sure you would have a better idea about it. I also would like to know what are my chances if I need to apply for visa for Canada and what type of visa options I have available. Currently my family is in US and I am in Pakistan. Please let me know your opinion.
stay home we have enought
stay home we have enought dealers around here.....
good one...ha ha
good one...ha ha
canada
im on a good behaviour bond but with out conviction i didnt go to jail it was my 1st offonce am i eligibale to go overseas to canada to visit family for 3 months is it only convited people that can't enter canada ??
Citezenship?????
Okay. There are few higher ups here in Canada that have gotten the run down on this. I was born in Scotland in 1974. My parents were Canadain born n bread. They have both died in the last 12 years. AHA, this makes me apparently unable to show any kind of citezenship for Canada. My B.C staes I was born in Scotland to Candian parents. I have held a Canadain passport (still have it-expired) and have an expired British passport. According to everyone I have spoken too I will need a birth and death certificate of one or both parents. Well Grandma has Dimentia and can't remember where my Mom was born and my Dad died on an oil rig in Mexico........Not to mention I have been threatened with deportation along with many cruel comments. I have petitioned Jason Kenney, Mobina Jaffers, Stephan Harper and NOTHING!! My son now 14 and after years of batling with the system is too old to go to Disneyland now. As a family we have missed out because of this. BUT oh so funny, (not funny funny) I am A REGISTERED VOTER since I was 18, I have had my Canadian S.I.N and D.L since I was 13 and 16 respectively. Immigration told me I could have bought all of this. If this is their way well, I want my taxes back, I want to change my last two votes and I want to know why my son is 100% legal but I am not????? Do you have answers?? Can you find them??? Do you know about these things??? thank you for your time:)
Citizenship
Sir, your spelling alone would make me deny you entry into anywhere !
Hello I have a question. I
Hello I have a question. I have been deported from the United States and still have outstanding warrants can I get a workers permit to work in Canada.
passports
Any charges that are a summary offense like theft under $5000, fraud under $5000, assault, mischief, drinking and driving, traffic ticket, impersonation, B&E and other summary offense you must get a pardon to leave to country you have to wait three years after your probation to apply for a pardon. Any indictable offense like uttering threats, theft over $5000, fraud over $5000 or jail time receive is and indictable offense you have to wait 5 years after your probation to apply for a pardon. Any narcotics charges is very hard to receive a passport and the USA and other country will probably refuse entry into their country. For more information you are better to talk to someone at the pardon center.
Eligibility
Eligibility for a pardon begins after all court demands have been met. This means that all fines have been paid, jail time (if any) has been served, community service performed, etc. Court outcomes can vary to a wide degree so it is difficult to know exactly when the probationary period is complete. This is something we can help with. However, regardless of the details of a criminal court record, once the demands have been met a waiting period of 3 years or 5 years is required before you may be eligible for a pardon. In cases involving a serious personal injury offense or a sexual offense a 10 year waiting period may be required.
What to do?
A 3 year waiting period is required for summary offenses while a 5 year waiting period must be met for indictable offenses. In some cases concerning more serious crimes a waiting period of 10 years is required.If you are not yet eligible for a pardon it is still worth your time to begin the application for pardon process.
The application for a pardon requires correspondence with the RCMP, the courts and the police. It can be a lengthy process. The sooner the application is finished the sooner the pardon can be granted. Alternatively, if you start the application only after your waiting period is complete it will take another year and a half (minimum) after that date to be granted a pardon. By starting the pardon application immediately, the package will be ready the day your eligibility begins and you will have saved yourself valuable time and money.
Typical Results
The benefits of obtaining a pardon cannot be denied. For most people the peace of mind which comes with knowing a personal criminal record has been removed is enough reward. However, the benefits extend into other areas of life as well. The most notable of these are the removal of restrictions on employment and the ability to freely travel to the United States.
With the granting of a Canadian pardon from the National Parole Board of Canada you will never again have to disclose that you were ever convicted of a crime.
If you or someone you know is suffering from the effects of a criminal record contact the National Pardon Center.
Canadian Pardon Application Fees
Expedited Canadian Pardon:
(Approximately 8-12 months)
$695
Standard Canadian Pardon
(Approximately 12-18 months)
$595
Application costs we cover:
Fingerprints
(if you can visit one of our offices)
Fingerprint Certification Fee
Court Request Fees
Mailing + Photocopies
Local Police Check Fee(s)
taxes
Application costs you cover:
Fingerprints
(if you cannot visit one of our offices)
Parole Board of Canada Filing Fee
You'd probably be
You'd probably be inadmissible to Canada.
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