In an age where information is shared instantaneously it makes little sense to forgo applying for a pardon to remove your criminal record and alleviate yourself of the restrictions to travel and employment you may currently experience.

When it comes to traveling to the United States of America you may be at risk as it is against the law to cross the border with a criminal record. The penalties for attempting to do so may be fines, imprisonment and/or being banned from future entry. The solution to this problem is to secure a pardon or United States entry waiver making your criminal record inaccessible in common searches by the U.S. and Canadian authorities.

If you have a criminal record and are planning to apply for your passport consider applying for a pardon at the same time to remove the restrictions associated with a criminal record. Failing to do so could present serious complications to your life and freedom.

Please read the original article by clicking the following link to the Huffington Post website. Otherwise it is reprinted below.

 http://www.huffingtonpost.ca/2011/09/09/canadians-with-mental-ill_n_955115.html?ref=email_share

More than a dozen Canadians have told the Psychiatric Patient Advocate Office in Toronto within the past year that they were blocked from entering the United States after their records of mental illness were shared with the U.S. Department of Homeland Security.

Lois Kamenitz, 65, of Toronto contacted the office last fall, after U.S. customs officials at Pearson International Airport prevented her from boarding a flight to Los Angeles on the basis of her suicide attempt four years earlier.

Kamenitz says she was stopped at customs after showing her passport and asked to go to a secondary screening. There, a Customs and Border Protection officer told Kamenitz that he had information that police had attended her home in 2006.

“I was really perturbed,” Kamenitz says. “I couldn’t figure out what he meant. And then it dawned on me that he was referring to the 911 call my partner made when I attempted suicide.”

Kamenitz says she asked the officer how he had obtained her medical records.

“That was the only thing I could think of,” she says. “But he said, no, he didn’t have my medical records but he did have a contact note from the police that [they] had attended my home.”

Stanley Stylianos, program manager at the Psychiatric Patient Advocate Office, says his organization has heard more than a dozen stories similar to Kamenitz’s.

The office has also received phone calls from numerous Canadians who have not yet had encounters with U.S. customs officers, but are worried that their own mental health histories may cause security delays while travelling south of the border for business or family trips.

‘This is an issue’

“We get calls from people who have concerns about being stopped because they know this is an issue,” Stylianos says.

So far, the RCMP hasn’t provided the office with clear answers about how or why police records of non-violent mental health incidents are passed across the border.

The U.S. Department of Homeland Security did not respond to a CBC News request for comment.

According to diplomatic cables released earlier this year by WikiLeaks, any information entered into the national Canadian Police Information Centre (CPIC) database is accessible to American authorities.

Local police officers take notes whenever they apprehend an individual or respond to a 911 call, and some of this information is then entered into the CPIC database, says Stylianos. He says that occasionally this can include non-violent mental health incidents in which police are involved.

In Kamenitz’s case, this could explain how U.S. officials had a record of the police response to the 911 call her partner made in 2006, after Kamenitz took an overdose of pills.

RCMP Insp. Denis St. Pierre says information on CPIC not only contains a person’s criminal record, but also outstanding warrants, missing persons reports and information about stolen property, along with information regarding persons of interest in ongoing cases. It also can contain individuals’ history of mental illness, including suicide attempts.

The database contains anything that could alert authorities to a potential threat to public safety and security, and all CPIC information is available to the U.S. Department of Homeland Security, St. Pierre says.

But he says the golden rule is that an officer searching CPIC must contact the police service where the record originated before acting on any information from the database.

9.6 million records

According to an RCMP website, the CPIC database stores 9.6 million records in its investigative databanks.

The RCMP and U.S. law enforcement agencies provide reciprocal direct access to each other’s criminal databases in order to stem the flow of narcotics and criminal dealings into North America, according to the WikiLeaks cable.

When asked about the sharing of police information for security purposes, Kamenitz says the government is “obviously not considering what the impact of that can be and how much that can alter a person’s life.”

“Police may have attended my home,” says Kamenitz, “but it was not for a criminal matter; it was a medical emergency.”

Kamenitz notes that suicide isn’t a criminal offence in either country.

“It speaks to the myth we still hold,” Kamenitz says, “that people with a mental illness are violent criminals.”

At less than five feet tall, with a debilitating form of arthritis that makes it impossible for her to complete daily tasks like cooking and dressing without assistance, Kamenitz says she is hardly a threat to U.S. Homeland Security.

‘I am not a criminal’

“I’ve been battling not only anxiety and depression but also chronic pain since my teen years,” Kamenitz explains. “I am not a criminal.”

Kamenitz was eventually allowed to board a plane to Los Angeles, four days after missing her initial flight. But in order to do so, she had to submit her medical records to the U.S. and get clearance from a Homeland Security-approved doctor in Toronto, who charged her $250 for the service.

Included in the Homeland Security forms Kamenitz was required to fill out were questions about whether she had a history of substance abuse and whether she had diseases, such as AIDS or tuberculosis.

“These are private and personal medical records that I’m now handing over to a foreign government,” she says.

After years of private therapy and help from doctors at St. Michael’s Hospital and the Centre for Addiction and Mental Health in Toronto, Kamenitz says the border incident felt unjust.

“It was discrediting all the efforts that [I had] made to recover.”

Stylianos says Canadians should be outraged that people’s mental health information is shared across the border.

It is an intensely private matter for many individuals,” he says.

‘You can’t control it’

Stylianos says his organization is lobbying for this information not to be included in the CPIC database or shared with the U.S. Department of Homeland Security as part of a routine border screening process.

“Once that information gets into the American system, you can’t control it,” he says.

According to the same diplomatic cable released by WikiLeaks, which included data from 2004 and 2005, Americans believed that despite the open database sharing, “Canada’s strict privacy laws” have limited the timely exchange of information between the two nations.

In the 10 years since the Sept. 11 attacks, the two countries have struggled to come to an agreement on how best to police the border.

The administrations of Prime Minister Stephen Harper and President Barack Obama are in talks over a perimeter security deal that would include further cross-border intelligence-sharing as part of a joint border security strategy.

In an Aug. 29 news conference in Toronto, Foreign Affairs Minister John Baird told reporters that the privacy rights of Canadians remain top-of-mind during discussions about cross-border law enforcement programs.

“Our sovereignty cannot and will not be compromised,” he said.

We achieved RCMP accreditation making us one of the only pardon and waiver services able to offer this crucial step in the process. We have also invested in a new VOIP phone system to better handle calls between our offices.

Essentially we have done everything possible to ensure that we are at the forefront of any technology that help us better serve our clients. But I am also happy to say that we don’t jump on a band wagon just because the band is playing loudly. You will see that we are NOT on twitter; not because we dislike twitter but because there is nothing in the day to day business of doing pardons that needs to be “tweeted” (did I say that right?). Twitter is great, or can be I’m told but it is not for us. We would rather focus our energies on doing what we do best: Canadian pardons and US entry waivers. That’s what we do and we do it very well.

So give us a call if you need help. We would be happy to clear things up for you.

Unfortunately what tends to happen is that people try crossing the border for the holiday season. They are quickly rejected by a border guard doing his job and, come January, when people realize that a Canadian Pardon or US entry waiver is important, they call us.

I always tell people to stay away from the border until things are taken care of but the fact is a lot of people just aren’t aware that an old criminal record is a problem. The other thing is that a lot of people are able to travel to the States without getting caught, creating a false sense of security. And finally, a lot of people (all of us as matter of fact) have a tendency to wait until things like this catch up with us before we decide to finally take care of it.

If you have a criminal record you need to have it taken care of regardless of what may or may not have happened at the border. Even if the criminal record is not affecting your life, there is a good chance that it will in the future. But don’t wait until your holidays are ruined to finally make the decision to clear things up. Give us a call at the National Pardon Centre. We can help make sure your past is not going to come back to haunt you.

 If you have any questions relating to Criminal Records, Canadian Pardons or US Entry Waivers please feel free to email me directly at mashby@nationalpardon.org.

Happy New Year to Everyone.

Michael

Nobody wants to have their christmas / holiday plans ruined for any reason and least of all for a criminal record. Getting stuck at the border because you procrastinated on a pardon application is a tough thing to tell the kids. Unfortunately it is a story that I listen to more than a few times in the course of a typical January at work.

So what I woudl like everyone to realize is that you need to make sure your criminal record has been dealt with as soon as possible. Don’t wait until you lose a job or get caught illegally entering the United States. Just go ahead and get your pardon granted before it comes out to haunt you. Otherwise you are just making a small headache into a migraine.

And finally the last thing I would like to say is HAPPY NEW YEAR to everyone! I’m calling it now, right here, today. 2009 has big things in store for us all!

Of course this is all a testament to the fact that we Canadians are a nice lot indeed. We like to be honest. We like to be good. We like to hold the door open for little old ladies who say thank you and smile.

But please if you are traveling to the States and you have a criminal record take care of it before you go. And if you have ever…god forbid…smoked a joint on a fun summer night when the rules didn’t seem to matter so much just don’t tell the guy at the border if he asks you about it.

Take it from me and take Nancy Reagan’s advice. If they ask you, just say no!