Pardoned records and US travel: the truth about telling the truth
I’m sure you’ve come across ‘Border Security’ on TV while flipping through channels for something to watch (careful, it’s addictive): some unsuspecting grandmother bringing in meats and cheeses from Italy or a teenager neglecting to declare her 3 designer handbag “gifts”. Traveling through Customs can be stressful for anyone, regardless of the existence of a criminal record (or illicit deli meats in your new Prada purse).
Likely you were taught that “honesty is the best policy”, and while we cannot advise you to lie, we think it’s important that you’re able to make an informed decision for yourself. When you have a pardoned record telling the truth at the border can be a BIG, costly, headache.
The Americans have access to Canadian criminal record information. Once your record has been pardoned however your record is sealed and should not be accessible by Customs and Border Protection officers. This is dependent on the US not having prior knowledge of your record before your pardon was granted. If you’ve ever been stopped, questioned, or refused entry at the US border then you’re likely red-flagged in their system. At this point receiving a pardon will not remove your information from the American’s database and you should apply for the US travel waiver to be guaranteed entry.
US travel with a Canadian pardon is convoluted at best. There is a TON of misinformation out there, and we honestly do not know all the tricks the Americans have up their sleeves or the ways they have of obtaining information. They want it that way, and they know how to get you to volunteer details that they do not have access to; it’s their job. We do know however that many Canadians have successfully taken advantage of the pardon loophole to travel without incident, and without a US waiver.
We want to emphasize that the Americans do not recognize the Canadian pardon and legally the US requires you to be honest about your pardon at the border. BUT (and it’s a big one), if you’ve never had any problems at the border and you receive a pardon, should you choose not to reveal anything about your previous criminal record or the pardon, you should be fine to travel. Again, this is a work-around and not a guarantee.
If you choose to be honest at the border you should apply for the US entry waiver regardless of your record’s pardoned status. Travel waivers are valid from between 1-5 years at a time, take 8-12 months to obtain (prior to COVID-19), and cost several hundred dollars (USD) in the filing fee alone. Unfortunately, they are a permanent requirement to continue to travel once the Americans know about your criminal history.
Still confused? We don’t blame you. We think this topic deserves a conversation, so please call us for a free consultation today!
The ‘Suspend This’ Team.
