Removing the Barrier to a New Life

How long must a person endure the mantle of a criminal record, after having served his sentence and atoned for past mistakes? Unfortunately, a criminal record continues to “follow” a person by remaining accessible through a criminal record check or a background check, frequently done nowadays by such concerns as potential employers, rental agencies, and banks.


This procedure is done in order to safeguard the workplace, its customers, and service providers. Unfortunately, if a criminal record is found to exist, the applicant is refused the job that he interviewed so well for, that perfect apartment is no longer available to him, the volunteer opportunity that would broaden his horizons will not be accessible.

Even travel can be hampered, whether it be for pleasure or business, especially when attempting to enter the United States. It is illegal for a Canadian convicted of a criminal offence to cross the border. The Canadian Police Information Centre (CPIC) stores data on all criminal records and gives the US Customs and Border Protection Agency access to its files. Thus, travelers with a record risk being detained at the border, not being allowed to cross, and possibly being arrested or having their vehicles confiscated.

A criminal record has therefore become a significant barrier to living a fulfilling life. However, once a period of time has passed after the completion of a sentence, a person is entitled to apply to the Parole Board of Canada (PBC) for a Pardon. Once granted, a Pardon will cause a record to be kept separate from the accessible CPIC database, “sealing” it, so that it will not be revealed in a background check. Also, a US Entry Waiver will help those who wish to travel to the United States. This document can be applied for even without having received a Pardon and will enable cross-border visits for both business and pleasure.

The process for obtaining these documents can be difficult and time consuming, so seeking the help of a Client Specialist at Pardon Services Canada is advisable.

Dusting for Prints – Increased Fingerprinting and Criminal Record Checks Delays Hiring

The prospect of having one’s fingerprints taken as part of the job application process can seem intimidating, to say the least. Not only could a person be taken aback to learn that all information provided on a resume and during an interview would not be sufficient to make a hiring decision, but he could also be somewhat unsettled to learn that a criminal record check, and sometimes a credit check as well, must be undertaken.

The RCMP’s Canadian Police Information Centre (CPIC), a national database, contains a range of useful information maintained primarily for law enforcement. Increasingly, though, it is also an important source of information for employers screening new hires and prospective promotions because it is the only national database of criminal records.

Alternatively, through a “local indices check,” a check of police files and occurrence reports within a region, a broad range of information can be provided. However, the RCMP has issued an interim policy directing what local police forces can say in response to basic searches based on a name and date of birth search alone. If an individual is found to have a record based on such a search, the response is to be:

Based solely on the name(s) and date of birth provided, a search of the National Criminal Records repository maintained by the RCMP could not be completed. In order to complete the request, the applicant is required to have fingerprints submitted to the National Criminal Records repository by an authorized police service or accredited private fingerprinting company. Positive identification that a criminal record may or may not exist at the National Criminal Records repository can only be confirmed by fingerprint comparison. Not all offences are reported to the National Criminal Records repository. A local indices check may or may not reveal criminal record convictions that have not been reported to the National Criminal Records repository.

This qualified statement is deemed necessary to ensure accurate identification. But there is no expeditious process to verify a criminal record. The RCMP’s current verification process can take more than 120 days to complete. The process requires the individual to go to a police station or other certified fingerprinting service. Furthermore, the results of this drawn out process are delivered to the employer – not the prospective employee – not allowing for a chance to explain or justify any erroneous circumstances.

This time factor has significant impact on employers to be sure. The potential delays in making hiring decisions will prove problematic: Will employers risk waiting to hire verified candidates, only to possibly lose them to other employers? Will they bear the risk of hiring non-verified applicants on an interim basis?

Employer reliance on local indices checks is concerning, to be sure. They take time, as we know, but they also leave questions about coverage and human rights compliance – the process needs to be fair and justifiable, both ethically and legally.

Avoid the issue before it becomes detrimental. Get a criminal record check and if there is a need and the situation allows apply for a Canadian Pardon – it is a right of every Canadian. With a pardon no employer will be able to see previous convictions on the search mentioned above. 

Sun of a Beach...Criminal Record Limits Travel

Canadians love to travel. This fact is reflected in the number of Canadians currently holding valid Canadian passports increasing to 60 percent from only 36 percent in 2005. Although the recession in 2008 kept many from travelling the way they would have liked, some choosing to pursue the “staycation” while the economy was sluggish, the number of people traveling has since rebounded.

During the 2010/2011 winter travel season, 10 percent more Canadians travelled to the US than the previous year, with Hawaii proving to be the one of the most attractive places. The US is a top destination for Canadians. In fact, several US locations are currently on the list of the top 25 beaches in the world for 2011. Unfortunately for some would be travelers, a Canadian criminal record limits your ability to travel to the US.

Travelling abroad has also seen a resurgence. In the winter, Canadians love the sun, choosing R & R on beaches and cruises. And during the other seasons, destinations like Mexico, Cuba, Britain, and China are increasingly popular. To take advantage of lower flight costs, a significant number of Canadian travelers are now going to the US for flights to US destinations and around the world.

Quite apparent is the position that the US holds in all these ventures. A predominance of travel is either to or through the US. What a shame it is that so many Canadians cannot even consider pursuing their dream vacations because they have a criminal record. Only through getting a pardon to remove that criminal record and receiving a waiver to gain entry into the US will that dream become a reality.

Options should you be stopped at the U.S. border.

Here is a brief summary of an article that recently appeared in The Globe and Mail. To read the original article, please follow the link at the bottom of this summary.

What should you do if denied entry because of a criminal conviction, perhaps one that happened decades ago?
Consider this hypothetical experience: Imagine you're at a U.S. Immigration checkpoint, travelling to attend a meeting or convention, close a business transaction, or take trip to Disneyland. A U.S. Immigration officer discovers that you were involved in a “criminal matter” years ago.
If you’re denied entry to the United States, your travel plans may be jeopardized, and it might even have a detrimental effect on your career – travelling south of the border is what many Canadian business people do occasionally as part of their jobs.
If so, here’s a word to the wise: Don’t panic. It’s understandable that you might become nervous in such a situation, appearing suspect to the U.S. Customs and Border Protection officers. It might even be tempting to ramble on in a way that makes an officer suspicious. Others might lose their cool and display a bad attitude. None of these reactions would prove beneficial and could result in refusal of admission.
So if you’re questioned about your prior criminal history, think carefully before answering, and remain calm. Instead, fully disclose all your arrests and convictions, including any “minor indiscretions” that might have happened long ago as a youth or young adult.
U.S. immigration laws outline specific categories of crimes and offences that generally categorize inadmissibility offences. Canadian travellers can find themselves questioned about their inadmissibility for instances in their past involving either drug-related offences (controlled-substance violations) or crimes involving dishonesty (crimes involving moral turpitude). There are exceptions to the rule, though, and recalling as many facts as possible may allow you to make your originally scheduled flight to the United States.
Even in the event that you’re turned away that day, there’s still hope. You may be able to apply for a Non-immigrant Waiver of Inadmissibility to the United States. Or you may have to provide court records demonstrating that the inadmissibility provisions of the U.S. Immigration and Nationality Act don’t apply in your case.
Even if you are not technically inadmissible to the United States, you may require advance assessment by the U.S. Customs and Border Protection Admissibility Review Office to advise of your admissibility in the form of an official letter.
So stay calm, don’t panic, and don’t do anything foolish. Work within the system, and if necessary, work with an expert and chances are you’ll be able to return to the United States without having to worry.
Read the full story Denied entry to the U.S.? Don’t panic. by Tony Wilson as it appeared in the Globe and Mail.