Where Can You Travel With A Criminal Record?

A passport is your gateway out of the country, and not having one means you cannot leave the country legally or through official exit points like airports or border crossings. Canadian law does not restrict former convicts or felons from obtaining a passport.

It is only when the terms of your release or judgment restrict you from leaving the country that you may not be able to obtain a passport. Here’s the thing; having a passport does not guarantee your entry privileges into another country. It also does not help you overcome grounds for inadmissibility.

A Waiver of Inadmissibility is required if you are inadmissible to the United States and wish to travel to a country where there’s a stop-over in the United States. A passport is not sufficient to link your criminal record unless it was previously linked by the immigration authorities to a criminal record.

It is important to note that convictions for petty crimes or misdemeanours will not result in travel restrictions. The following are things convicts should take into consideration:

• Travelling outside Canada is only possible after you have completed your sentence, including parole and probation
• Over 185 countries offer visa-free travel for Canadians for up to 90 days
• Record suspension removes criminal records from the police database (CPIC) and customs background checks
• There’s a requirement to fill out Form I-192 to enter the United States, or a waiver from the country of destination
• Most countries run a background check before issuing a visa

Overview

Below are the most suitable times to start your travel process as a Canadian citizen with a criminal record:

• Completion of the sentence
• Obtaining Record Suspension

Completion of the sentence

The first thing to consider as a Canadian with a criminal record before travelling is the completion of your sentence in Canada. If you have completed your sentence, you can apply for a passport and travel outside the country. However, if you are on parole or probation or there is a pending court trial, you are likely to be denied your passport application by immigration.

Alternatively, if you have completed your sentence and are concerned that your criminal history may affect where you can travel, you have the option to apply for a Record Suspension.

Usually, you can travel to most countries even with a criminal record. What you should do is ensure that you are going for a short-term visit and not a long-term visit, such as staying for 6 months or longer, applying to work, or becoming a permanent resident.

Obtaining Record Suspension

A Record Suspension (previously known as a pardon) will allow you, as a Canadian, to have your criminal record removed from the CPIC database after serving your criminal sentence and demonstrating that you are a law-abiding citizen.

You should note that Record Suspension does not erase a criminal conviction; it only removes it from CPIC. It is essential to get a Record Suspension to ensure your record has actually been removed from the CPIC database before travelling to the US.

The US and Canada share criminal databases, and if you travel to the US and the border officer accesses your criminal record from the CPIC, they may deny you entry. A subsequent Record Suspension will not remove your criminal record from the database, and your criminal history can be viewed by any US authority in the future. For you to apply for a Record Suspension, a waiting period after the last conviction is required. The waiting periods are:

• Five years for summary offences
• Ten years for indictable offences

Those convicted of simple cannabis possession are also eligible for Record Suspension. They will have to submit an application to the Royal Canadian Mounted Police (RCMP) Certified Criminal Record Office.

As you begin applying for your Record Suspension alone without professional assistance, you may encounter several obstacles. The application process is very complex, as there are a multitude of documents to source and file. Any error in the documentation could prolong the process or render you ineligible.

Trust Total Law with your Record Suspension application to make the process seamless while ensuring a successful application. Call one of our team members today at +1 844 290 6312, or chat with us online.

Overview

Canadians can travel to the US without a visa. However, the US Customs Service still has the discretionary power to deny entry. Having a criminal record will compel you to complete one of the following for legal entry into the US:

• Apply for and be granted a United States Waiver if you cannot get a pardon or your criminal record is in the US database.
• Provide evidence that you are not inadmissible. You should note that laws are complex and not always interpreted the same. Individuals are often refused admission because they do not have proof of their admissibility.
• Rectify the conditions that render you inadmissible, such as your health.

A Waiver of Inadmissibility is required to gain legal entry to the US to avoid the risk of entry refusal and other risks like deportation, detention, removal, and so on.

Pardoned Criminal Record

The US does not necessarily recognize Canadian pardons, so you may still be inadmissible to enter the country after obtaining a Record Suspension. If you are interested in travelling to the US, you may have to apply for an American INS Waiver (American Immigration and Naturalization Service Waiver). Below are the people that qualify for a Pardon or Record Suspension:

• Persons convicted of an offence under a federal act as adults.
• Residents who were convicted in other countries and deported to Canada.

It is important to note that not all convictions make a person inadmissible to the US. So, if you want to know whether your criminal record, pardoned or otherwise, makes you inadmissible to the US, please contact one of our skilled legal professionals today.

Call us at +1 844 290 6312 or chat with us online. We are happy to help clarify any concerns you may have, and assist you in obtaining your waiver.

Grounds of Inadmissibility

The US Waiver of Inadmissibility is required to overcome your inadmissibility, and waivers can be obtained for one, two, or five years, which allows you to travel back and forth across the border for the duration of the entry waiver. You are inadmissible if you were convicted of or committed a criminal offence as an adult that involves

• Prostitution and Commercialized vice
• Crimes of Moral Turpitude (CIMT)
• Controlled Substance
• Certain aliens involved in serious criminal activity who have asserted immunity from prosecution
• Conviction of two or more offences with a combined sentence of five or more years

Other grounds are:

• Health Related Problems
• Security and Related Violations
• Document Violations
• Illegal Entrants and Immigration Violators

You will be exempted from inadmissibility (crimes involving moral turpitude) if:

• There is no evidence of intent to cause harm.
• The offence occurred between your 15th and 18th birthday and you were not convicted as an adult for a felony/indictable crime of violence.
• There is only one adult offence related to a crime of dishonesty or violence where the maximum penalty is one year and the sentence imposed was six months or less.

You should note that the Criminal Code has been amended several times over the years. Therefore, to know the maximum sentence that applies to your particular case, it is advisable to check the period during which you were convicted under the Criminal Code of Canada.