We are getting more calls and emails from people who are being questioned at the US Border whether they have ever been arrested by the police.
You must be very careful in answering these questions as you risk being turned away at the US border. Once you have been denied entry to the US, you will require a US Entry Waiver or I-194 to re-enter the US. This application is time consuming and costly.
If you have never been stopped at the US border but have a criminal charge, even if the charge was dismissed, withdrawn, stayed, absolute or conditional discharged, you should ensure you get a file destruction to remove the fingerprints, photos, court and police records. By doing this, you may be safe to travel without needing a US Entry Waiver, I-194.
Here is an email we received recently from a client who was granted a Pardon a long time ago but has gotten himself flagged by US Customs because of their new questioning at the US Border:
“In and around 1974, I was arrested for a break and entry. I received a pardon for that offence approx. 30 years ago and have probably made 60 or 70 trips to the US since then.”
“However, on my latest trip I was asked if I had ever been fingerprinted and of coarse I answered it as I should but told them I had recieved a pardon several years ago. They almost didn’t let me proceed since I didn’t have a copy of my pardon with me.”
“My question is, is a copy of my pardon enough or will I require a US waiver. I have since lost or misplaced my pardon as this is the first time I have ever been asked for it. How long would it take to get a copy? “
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011.
Tags: absolute discharge, canada pardon, criminal record removal, criminal record removed, I-192, I-194, pardon, pardons, pardons canada, stayed charges, US border, US Border Crossing, US Entry Waiver
October 6, 2010 at 5:10 am |
Since you had already received your pardon, and I assume you have never been refused before, could you not simply have answered “no” to their questions?
I guess what I’m asking is, could you have avoided the situation by not giving them any reason to examine you, knowing that they don’t have access to your files?
I ask because I was just granted my pardon, and I wonder how I should handle that situation.
Thanks!
October 18, 2010 at 11:30 pm |
I can’t counsel you to lie, but if you have your Pardon and they have never stopped you in the past, then if they run your name on CPIC they will not see anything.
February 8, 2011 at 4:34 am |
Could the border officials have access to our pardoned files. Is it guaranteed that they cannot see any record of our criminal file once the pardon is granted. How do we know if we were stopped at the US boarder. Simply to be asked the same question «have you ever been arrested» is that being stopped. Do they keep record of your prior travel dates to the US. I am so stressed from readin all these blogs that say that the american system could see our pardons since november 2010.
November 7, 2011 at 11:13 am |
i was stopped over 20 years ago and turned away at the border. i have since applied for a pardon. will they have records from that far back? once i receive my pardon will i still need a waiver?
November 7, 2011 at 10:34 pm |
We cannot be certain what the Americans have on file for you. You should try crossing the border once your pardon is granted and see if they say anything. The worst that could happen is that they see the old charge on their computer system and then turn you away.