Non-convictions and US travel: What could go wrong?

The answer, a lot.

The Americans should not have access to Canadian non-conviction information at the border. By non-conviction information we mean charges that did not result in a conviction (guilty finding). Withdrawn, dismissed, and stayed charges (to name a few) all fall under this category.

A word of warning however, while the charges are pending (ie. you’re still waiting for the court decision following your arrest) the Americans will have access to the information. Once they have information on your offence, regardless of the outcome delivered in court, they will retain those details in their system; there is no way to remove them. The trouble with that? Customs and Border Protection officers often don’t care that you weren’t found guilty; the charge is enough for them to refuse you entry at the border.

Refusal at the border means an application for a US entry waiver (I-192) if you want to be able to travel to the States. Applications can be complicated, are time-consuming, and expensive. They are also a life-long commitment for continued access to the United States. To be fair, if the offence in question is minor you COULD be okay, as the decision rests with the admitting officer. Unfortunately, once you’re refused, it’s not recommended that you try to travel without the waiver.

So, what do you do if you’re asked at the border if you’ve ever been arrested, charged, or fingerprinted in relation to a criminal offence? If you only have not guilty findings on your record, it’s up to you if you volunteer that information. Legally, the Americans require that you do. We can’t tell you to lie, but should you choose to, the US shouldn’t be able to confirm the existence or absence of that record.

It’s a tricky business, and Customs officers are trained to detect when someone is being less than truthful. They’re also well-versed in deception, along with there always being exceptions to every rule and legal loophole. Loopholes are never guarantees. We can however inform you that many people aren’t honest, and they travel without incident. The choice is yours and yours alone, we can’t make it for you.

While our company’s focus is on Canadian pardons, we are happy to help remove some of the confusion when it comes to travelling with a record big or small. Give us a call today!

The ‘Suspend This’ Team