I would have to see the exact sections of the criminal code that you were convicted under but it sounds like you may not be inadmissible under the Immigration and Nationality Act. The problem is that border guards are given complete discretion over questions of admissibility and if you land on the wrong guard on the wrong day, he or she could refuse you entry. If you apply for a pardon, you would clear your record and could avoid potential headaches. Please call us at toll free 1-866-242-2411 to discuss the details of your case!

Birgit

In May of 2004 I was convicted of assault and breach of recognisance and received three years probation. Both charges were classified as summary convictions. I was just wondering if I do indeed, need a pardon to cross the border into the U.S.? This was the first time I was ever charged or convicted of anything. Any information you can provide would be greatly appreciated. Thank you in advance.

Are you processing a passport or a pardon? If you are doing a passport I can’t understand why you would be submitting fingerprints unless things have changed considerablyt since I last renewed mine. If it’s a passport you want just go to your nearest passport office and apply. You do not need fingerprints for that. If it is for a pardon the waiting times at the RCMP are simply unacceptable at the moment. It is taking months and months to return a fingerprint cerification even with the electronic submissions. If you sent them by mail it could take a long time indeed. Finally if your fiance has Indian status my understanding is that he cannot be turned away at the border. Howver, if it were me I would prefer to not give the Americans that information and would make sure I secured a pardon prior to crossing the border.
Kind regards,

Michael

US border guards can see pending charges and will refuse you entry because of them so you cannot even attempt to cross the border until your case is finalized in court.

If you are convited, US border guards will be able to access that information as it will appear on CPIC. According to the Immigration and Nationality Act, ONE summary Theft Under conviction does not render a person inadmissible to the USA. You should be aware, however, that border officials have absolute discretion over who they allow across the border and I have spoken with many people who have been refused entry even when they technically should not have been. At the very least, I suggest that you travel with court records outlining your conviction (we can get these for you if you open your pardon file with us). A better option would be to avoid US travel altogether until you have pardoned your record.

Please contact us once your case is finalized in court at: info@nationalpardon.org

Good Luck!!

Birgit

I am not a lawyer so am not qualified to give legal advice but avoiding a conviction, if possible, will obviously save you a lot of headaches. The decision regarding how to plead is one that only you and your legal counsel can make.

An impaired driving conviction probably won’t limit you too much when it comes to travel. Even the US will allow a person to enter with one DWI on their criminal record. Countries that require you to apply for visas in order to enter and Commonwealth contries may be a problem for you, however.

A criminal record can have far-reaching ramifications. Employment is probably the number one reason that people cite when applying for pardons. Even if your current employer isn’t overly concerned about your potential record in your current position, it may limit your ability to gain promotions in the future. It can also affect your ability to volunteer, adopt children, become bonded, etc. etc.

Best,

Birgit

i am trying to decide to try to fight my dui or to just plead guilty. i am really concerned about the criminal record. my lawyer only thinks he has a 65% chance to get me off on a technicality and the shear cost of the fees and the extra time until trial really worry me. i just want to put this experience behind me as i have absolutely learned my lesson.

i travel quite a bit for pleasure and am worried I will loose that opportunity to go to other countries. i’m not interested in going to the states but if there was no bodily harm done and no accident (pulled over at a check stop) and you plead guilty and get the summary offence how hard is it to travel? what else does a record actually affect? i just got a new job and they weren’t worried about it at all. i have a house and a mortage but in the future could this affect me in other ways?

Wendy is correct in that summary offences are generally considered lesser offences and that indictable offences are generally more serious. Many offences are HYBRID offences, meaning they can be either summary OR indictable. DWI’s are summary 99.9% of the time but they do fall under the umbrella of hybrid offences and so can technically go either way. As a general rule of thumb: if a person served more than a month or 2 of jail time, then it was probably an indictable offence. But not serving jail time does NOT guarantee you that the offence was summary. Fraud convictions, for example, are RARELY met with jail terms but are often indictable. You usually have to check with the court to determine how the Crown proceeded in a case because the criminal record alone rarely provides enough information. I can provide you with a very educated guess as well if you want to call me to discuss your individual circumstances!

One thing I would like to clarify is that, while Wendy is generally correct that a person becomes eligible for their pardon 3 or 5 years after the completion of their sentence (with a couple of exceptions for very serious crimes), it is a good idea to start the application process at least 1 year before your official eligibility date. The RCMP and courts can take FOREVER to get us the required documentation for a file so it is always smart to get a head start!!

Birgit