Showing posts with label Pardon. Show all posts
Showing posts with label Pardon. Show all posts

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.

What You Need to Know About Social Media and Background Checks

Rather than having to rely on an applicant’s resume, references, or interviews to find information, the explosion of technology and social media websites like Facebook has made it easier than ever to learn details about potential hires – and recruiting managers have begun to take advantage. Significantly, though, there are privacy concerns as well as human rights concerns to be considered.

This practice, while becoming more common, does have some serious legal risks, in particular violating Canadian privacy legislation. The current feeling is that the Personal Information Protection and Electronic Documents Act (or PIPEDA) would prevent that kind of collection of personal information. PIPEDA, a federal law that protects the privacy of personal information in Canada, prohibits a federally regulated employer from using or collecting an employee or potential employee’s personal information without their knowledge and consent, subject to a number of exceptions. The viewing of an employee’s blog and the use of it for hiring purposes would seem to fall under these provisions.

However, PIPEDA does not apply where the personal information is “publically available,” including a publication in electronic form. It is arguable that a job applicant’s disclosure of personal information in a publically available blog post would qualify; however, it is difficult to predict exactly how the exceptions would be applied.

As well, PIPEDA applies only to federally regulated employers, a very small percentage of employers in Canada. While British Columbia, Quebec, and Alberta have enacted similar legislation, Ontario, for example, has not, leaving provincially regulated employers in that province facing fewer legislative barriers to the collection of personal information on the Internet.

In addition, even if the information is publically available on an applicant’s Facebook page, human rights legislation ensures that certain types of information cannot be used to make hiring decisions. While employers cannot ask job applicants about protected characteristics such as marital status, race, religion, and age, this information will often come up in an online search and can be difficult for employers to avoid.

Background checks are routinely performed, and if you have a criminal record it will be revealed. This criminal record can be removed, though, so if you want to “even out the playing field” when applying for employment or promotion, pursuing adoption, hoping to volunteer, become bonded, you should start the process right away by contacting a Client Specialist at Pardon Services Canada to apply for a pardon. Once it is obtained, that criminal record will be sealed so that it is no longer visible. You would also be well advised to review your Facebook, Twitter, myspace, or any other social media site to ensure it reflects you in the most positive light possible.

Impact of Coping with a Criminal Record

In many respects, a criminal record might not be restrictive if a person has experienced no need to undergo a criminal record check – if someone is gainfully employed, has been living comfortably in a home for which a mortgage was obtained without difficulty, has no need or desire to work or volunteer with children’s schools or sports endeavors, doesn’t need a loan, isn’t being considered for a promotion, isn’t attempting to rent an apartment, has no wish to travel across the US border, doesn’t require a licence, has no need to be bonded … Well, all these conditions and more could suddenly become significant if matters change, and that’s what life is all about.

Even if a person has not felt the need to have his criminal record removed, the fact that it still exists and could potentially be discovered by friends, family members, coworkers, or employers takes its toll. Although the impact of this state of affairs might not be consciously registered, overt symptoms can and will evolve. Occasionally we experience anger, stress, or depression, not understanding the cause. When we leave unattended matters that in the back of our minds we know should be addressed, they can affect our well being.

Understanding anger is important. This is the first step in anger management. You should know that anger rises within you when you feel incapable of doing certain things. Anger can manifest itself in forms such as self-pity, depression, or rage and needs to be dealt with.

Understanding stress is important. Stress can be either positive or negative; for example, stress experienced while preparing for a job interview will heighten the senses in order to perform well. However, negative stress, experienced for example during bereavement, demanding work conditions, or family strife, produces negative feelings like anger and frustration, leading to physical problems such as headaches, insomnia, or stomach upset.

Understanding depression is important. Life is full of situations that cause stress. When you are having difficulty dealing with a source of stress, you may have situational depression, which is an emotional event. The most common symptoms are fear, sadness, and hopelessness and usually disappear after you adapt. But symptoms of major depression can sometimes last much longer and need the help of a health professional.

Having a criminal record is a state much like a “life sentence”: a criminal record is “a summary of an individual’s contacts with law enforcement generally computerized in the NCIC (National Crime Information Center).” Regardless of the type of offence, it will follow a person for the rest of his life unless he takes that all-important first step to remove his record through applying for a pardon.

Most Canadian criminal records can be removed with a pardon, ensuring that all of a person’s criminal records and charges are separated from other personal records and rendered inaccessible. Pardon Services Canada’s role and familiarity with the pardon process will ensure that all documents required are obtained in a timely manner and that each applicant’s case is handled expeditiously. Contact a Client Specialist at Pardon Services Canada to guide you through the process.

Time for Action

At times every one of us feels bound by circumstance – the day-to-day limitations that prevent moving forward. One of these is the sense of feeling hopeless, not having the means to move forward and develop a better life.

If a person is encumbered by a criminal conviction that prevents gaining employment or promotion, pursuing adoption, applying for a loan, renting a residence, or other such goals, that sense of hopelessness will prove to be a seemingly inescapable burden. 

What to do? Five steps to help make the situation better make a great deal of sense:

Talk – find some company either to talk about your worries, fears, thoughts, doubts, or simply to just talk about anything else to take your mind off what’s bothering you.

Move – walk, jog, cycle, dance, play with your children or your pets. Movement can relax, inspire, allow a different perspective.

Move forward – start something, either a project on hold or something new. Accomplishing something improves self-esteem and helps to take you forward.

Help someone else – reach out to family, friends, even strangers. Altruism is its own reward. Something even so insignificant as a smile or a helping hand will work.

Stir your senses – experience music, books, food, places with sights, sounds, aromas.

Perhaps one project that has been on hold is seeking a pardon for the criminal record that has been holding you back. If this is the case, you are well advised to contact a Client Specialist at Pardon Services Canada to guide you through the process.

Pardon Services Canada’s role and familiarity with the process will ensure that all documents required are obtained in a timely manner and that your case is processed expeditiously. That peace of mind you seek is within reach.

4.5 Million Need Not Apply – Criminal Records Catching Up With Canadians

             The myriad of job seekers in the post-recession economy was dealt another blow as revealed by a new report by the National Employment Law Project (NELP). The Report shows that 90% of companies use criminal background checks at some point in their hiring policies. The rise in the use of criminal record checks is now being coupled with stringent and unfair hiring policies in regards to previous criminal records. Companies such as Domino’s Pizza, Lowe’s and RadioShack have implemented policies that require applicants for positions to have “no criminal record. Period.” These employers alone comprise 415,400 jobs in Canada, the United States and abroad. Over 1 in 10 Canadians and 1 in 4 Americans have a criminal record. Many applicants have a record for minor offences that occurred years before and hold no bearing on the current position even so, they are not even considered.

                Labour advocacy groups have been arguing against the blanket restrictions on criminal records being imposed. Despite these calls to action the number of companies conducting background checks on applicants continues to grow. The argument that is put forward by advocates of the blanket restrictions is those corporations have a duty to provide a safe work environment for employees and customers. While this is true, a blanket restriction eliminates suitable candidates for discretions that are long since passed and currently have no bearing on the job or workplace security. The overall effect is detrimental to all parties as the possible pool of suitable employees is drastically reduced and the risk of recidivism and future crime is increased by unemployment.

                The recommendations that are made by labour advocates are sound. The restrictions on people with criminal records should be lessened to allow all suitable applicants the chance to apply for the betterment of the applicants and the corporations. There is an apparent need to protect job seekers from arbitrary, discriminatory and potentially illegal hiring practices.

                In Canada, the recourse against the wave of companies using background check lies in the realm of Pardon Services. Any Canadian can apply for a pardon if they have met the conditions and sentencing of the offence. Once obtained, a pardon can seal a criminal record from a corporation performing a background check. Through a pardon Canadians have the ability to leave their past behind them and continue towards a new job, career advancement, volunteer positions and a wealth of opportunities previously shut out because of a criminal record. 


Don’t Get Hit by the Omnibus: Pardon Regulation Set to Change

The brigade of campaign buses have been rolled out and the partisan trumpets are blasting party platform from coast to coast. Election time again in Canada. What does this mean for the Canadian Criminal Code and importantly, the issue of Pardons and the Pardoning Process?
                The Conservative Party of Canada, under Stephen Harper, has announced that if elected with enough of the vote, they will pass an all-encompassing crime bill. These are generally known as omnibus bills – bills that contain multiple pieces of legislation that affect various segments of the legal code. This is not a footnote of Conservative Party platform. The Harper government wants to pass this bill within 100 days of the election on May 2nd.
                Inside the bus is Bill-C23B. This bill has the purpose of giving the National Parole Board of Canada more discretion and power. The bill states “National Parole Board has…exclusive jurisdiction to grant or refuse to grant or to revoke a pardon”. Regardless of the merits of implementing this amendment and others to the Canadian Criminal Code the implication for Canadians remains clear. The process for applying for a pardon – soon to be known as “record suspension” – will become more difficult. Between 2009 and 2010, 7,000 applications to the NPB were rejected because they were incomplete or ineligible. With these amendments that number is bound to rise.
                The large number of Canadians who are living with a criminal record, 13% and climbing, should be aware of the changes that will be coming down the legislative pipeline. There are options, Pardon Services exists to help Canadians successfully navigate the pardon process and arrive ultimately with a granted pardon. This enables Canadians to move forward, travel, receive due promotions and get employed. Pardon Services enables the growth of Canada and Canadians and will continue to do so as criminal legislation changes and moves forward.
                If you are keen to get your pardon before the enactment of these legislations visit the most trusted pardon service provider to get the process started today.  

HIRING PRACTICES EXPOSED - Red Carded Before the Game

Increasingly, companies are using criminal record checks in their hiring process before even talking to the applicant. The criminal record check industry has provided a readily available, popular, and inexpensive tool for pre-screening hopeful applicants. This use, now widespread, eliminates all job candidates with criminal records. People with criminal records are routinely being denied any opportunity to establish their job qualifications. Such a “blanket” approach is clearly flawed if not plain wrong; it seems not only unreasonable but also potentially illegal under civil rights laws.

Criminal background checks serve to determine the safety and security risk of candidates for employment or promotion. However, to assume that the existence of a criminal record accurately predicts such risk is illogical. Employers are using these checks as a way of determining character rather than qualification. The best qualified or even well-qualified individuals are being swept aside irrationally. These blanket exclusions provide no opportunity for employers to consider critical information, such as the nature and age of an offence plus its relationship to the job.

Another emerging aspect is the potential for covert discrimination – using criminal records to screen applicants serves as a facially neutral selection process that invites consideration and review. As such, the National Employment Law Project’s March 2011 report urges employers to reconsider their current hiring policies. An individualized assessment should take into account the nature and gravity of the offense(s), the time that has passed since the conviction and/or completion of the sentence, and the nature of the job held or sought. This approach would ensure that people with criminal records are not eliminated for youthful indiscretions, minor run-ins with the law, or more serious offenses from long ago.


Supporting this approach is the fact that a criminal record is difficult to interpret, making it a misleading tool to determine risk on the job. The BC Civil Liberties Association has raised concerns about employers using the PRIME (Police Records Information Management Environment) database for pre-employment checks. In the past, this database was considered a highly confidential tool for law enforcement. One of the problems inherent in using this database now for employment screening is that some information is being recorded as “negative contact,” a concept far too broad in scope for employers to base life-defining decisions upon. If it is going to be used increasingly for background checks, people will be demanding greater access to ensure information provided is accurate. 

This is another example of what you don’t know can hurt you. How many people can tell you with 100% certainty what is in their file? How many of these hiring managers even know what their file says about them? If you are serious about your employment search or career advancement – do your best to have ALL the answers before you become excited about an application submission. Your past experiences, hard work, education and qualifications may be worth absolutely nothing to a potential employer if you set off a red flag. 


Spun Out of Control. . . Man Regains Life After Record Suspension.

“Regret,” “remorse,” “anguish,” “self-reproach” – all these feelings hang heavy when one truly realizes the consequences of wrong doing.

No matter how minor or serious the circumstance may be that a troubled person is contending with, to feel a measure of relief when having overcome the consequences is uplifting.
Here is the story of one person having become successful in his personal life putting his past behind him.
In 1987, he was found guilty of having a blood alcohol level exceeding .08 while driving. His vehicle hit some gravel, spun out of control, and rolled over. He is so very thankful that there were no other vehicles or individuals involved. He deeply regrets this incident and has made many positive changes in his life as a result. He has not, since the date of his conviction, driven under the influence of alcohol. This event has been something he has had to live with for over twenty years.
He has two teenage children currently learning to drive and looking forward to attending university. He often reminds them of his circumstances and strongly encourages them to learn from his mistakes.
He currently teaches in workshops for corporate clients. He greatly enjoys educating adults and seeing how their careers benefit. Increasingly, organizations are asking for criminal background checks in order to do work through a vendor. This record suspension has allowed him to continue to educate and not limit his ability to earn a living.
If you are in similar circumstances yourself, Contact Pardon Services Canada for help. You too can gain the peace of mind that he most certainly has.

Seeking A Pardon Is The Only Recourse To Removing A Criminal Record.

Since 1970, over 400,000 Canadians have been issued pardons. 96% of those recipients have remained crime free in our communities. Why have so many Canadians endeavored to obtain their pardons, ridding themselves of their criminal records? Once people convicted of a crime have completed their sentence, paid their fine, or complied in any other way that the courts have ordered, shouldn’t they feel relieved? Shouldn’t they be able to put their mind at rest knowing that they have “paid their dues” and can now move forward and re-establish?

The fact is that everyone wants to undo errors in judgment that led them to having a criminal record. Get a new job, volunteer at their children’s school, coach a sports team, adopt a child, change one’s name, maintain custody of children during separation or divorce, these opportunities and others are not possible unless their criminal records are sealed through obtaining a pardon.

In addition, they most likely seek respite from the physiological and psychological impact of the burden that a criminal record causes. Not only do they want to move forward, they also want to gain peace of mind. When confronted with the procedure of undergoing a criminal record check while being considered for a promotion or a new job, while wishing to be able to volunteer for community endeavors, while worrying about friends or neighbours discovering the past: The stress can and does cause physical and psychological trauma. Anyone has the opportunity to have their record checked and should do so for peace of mind.

The RCMP is the only body in Canada with the authority to perform criminal record background checks. Employers are increasingly using criminal record checks, through the RCMP, when qualifying prospective and current employees for new hires and promotions. An otherwise qualified person can expect to be turned down, even if the conviction was for a seemingly insignificant offence that happened long ago. That record exists and can be seen by employers. Even more unsettling is the fact that some companies have started applying their new criminal record policies retroactively. Long-term employees have been dismissed because of a minor, old offence.

Receiving a pardon enables a person to live just as if he had never committed a crime – a pardoned crime will not be disclosed on a criminal record check provided by the RCMP. A clean criminal record is a requirement for moving forward, and applying for a pardon is the route to follow. Obtaining a pardon is a long process, so it’s best to start well in advance. Seeking the assistance of a pardon services specialist will make that process easier and provide the assurance needed.

Realizations When You Remove Your Criminal Record

At Pardon Services Canada, we deal with people from all walks of life. The one common element they all share is a spot on their record from the past. In order to move on with their lives without hassle as a result of this record, obtaining a criminal pardon is the logical next step. This opens up a myriad of opportunities.

Here is a assorted list of things people realize when they Remove Their Record.

Peace of mind
The most important reason to remove your criminal record is to take that weight off your shoulders once and for all. Relax and simply move on with your life, at long last.


Family vacations
Wouldn't you like to take your family somewhere other than Canada? With your criminal record expunged, and waiver for the US organized, you can travel without hindrance to places you have dreamed of traveling to.

Self forgiveness
We are hardest on ourselves. If you are in a position to be forgiven by the law, your society and the world, it is time to forgive yourself as well. Removing your record will erase that part of your past, and the darkness on your mind, once and for all.

Some sayings/quotes make more sense now
Some famous quotes surround the issue of pardons and forgiveness.
Here are a few:

To err is human, to forgive, divine.
Alexander Pope
Essay on Criticism

Forgiveness is better than revenge.
Pittacus of Mitylene
Heraclitus

I pardon him as God shall pardon me.
William Shakespeare
The Tragedy of King Richard the Second (King Henry at V, iii)

The weak can never forgive. Forgiveness is the attribute of the strong.
Gandhi

Forgive thyself little, and others much.
Leighton

Always forgive your enemies--nothing annoys them so much.
Oscar Wilde

Lesson from history
When the first George Washington was young, he chopped down a mature cherry tree in his backyard. His father was furious, and when asked if he had done it, he said: "I cannot tell a lie..I did cut it with my little hatchet." The tale is famous because it not only told of the importance of truth and honesty, but also the folly found within every man, and the forgiveness we all gain over time. This young boy overcame the stigma of a small transgression to become the most powerful man of his day.

A new leaf
People change. While we may have been more reckless and wild in our youth, we mellow with age, we mature, and we become more responsible. It is unfair and unnecessary to carry a stigma throughout your entire life from the indiscretions of your youth. Forgiveness is forgiveness, and people are allowed to learn and grow. Without pardons, there would be no forward progress.

Privacy
In some provinces, one person can explicitly request another person’s criminal record. Your business should be your business, especially if you have already completed your sentence – whatever it was. With a pardon, your record will be hidden, and your past forgotten and inaccessible.

Closure
Simply knowing that you have a criminal record can be a stressful burden. It can create tension, both real and imagined, with family, friends and loved ones. With your record removed once and for all, you can breathe easy again.

A good night's sleep
Worrying about the ramifications of a having a criminal record can keep you up at night. Will my boss find out? Should I tell my family? How will I cross the border? Will they know? Is it really worth it? If you have your record expunged once and for all, you will be able to rest easy.

Canadian citizenship
If you are not a Canadian citizen, you still can have a Canadian criminal record. This can be a problem if you have been waiting for your citizenship papers to come through, or if you have loved ones in the country dependent on you. It is impossible to gain citizenship with a criminal record, unless, of course, you acquire a pardon first. If you are a landed immigrant and you get a record, you could be faced with deportation. Don’t let this happen. Contact us first.

Everyday hassles
If you are pulled over by the police for any reason, they can run your name and see that you have a criminal record, no matter when it happened. Customs officers also have access to your record; even if you cross the border to go shopping, they can see everything. With a pardon, these records are removed from view and awkward explainable situations are eliminated.

Education
More and more programs require that you complete a criminal record check before applying. A pardon can keep your files separate so that your record will not appear in a search and you can further your education based on your merits.

Bondability
There are many jobs that require an employer to take insurance out on their employees. Security agencies, banks, even most moving companies will ask you to be bonded. While having a criminal record may not prevent you from getting the job outright, it is more expensive for an employer to bond you with a record, so they may choose to go with the other candidate simply because he/she does not have a record (or already had their record removed!)

Adoption
You may not be allowed to adopt a child if you have a criminal record. Often, people are not aware of this stipulation and find out too late that their record is in the way. It is best to remove your record far in advance, to keep your doors open for the future.

Finally bury that skeleton
Many people live with a criminal record as if it is a skeleton in a closet. They don't want to talk about it. They just want to pretend it isn't there at all. Unfortunately, sometimes your past can come back to haunt you, and often at the most inappropriate times. Family vacations, business trips to the United States, and nosy people prying can bring a forgotten record back to life. Sometimes, it's easier to just have it gone – for good.

Future employment
Many employers ask for a background check before you begin working. Positions may ask that you be “bonded,” which means that you must have no record on file. In this uncertain market, it is advisable to not only have an updated resume, but take the time to have your record expunged so that you do not eliminate yourself from new or future opportunities or advancement.

"Spot checks" at the workplace
Companies are known to cull the heard. It is becoming more common for employers to do a criminal background check on their current employees. Overnight, you could lose your job. It happens. Get a pardon.

Volunteering
You may not be able to volunteer for many worthy causes with a criminal record. With a pardon, your record will be sealed and you will be able to maintain your social responsibilities.

International travel
Canada is a diverse nation of diverse people. While our country is truly fantastic, do not limit yourself from seeing the world! You may not be able to travel outside of Canada with a criminal record.

Now just think.

How many of things on this assorted list apply to you? You are not alone. Infact, 13% of all Canadians have a criminal record. Even if you do not have a criminal record, chances are that you know someone who does.

Either way, there is great news. Pardon Services Canada can help you. Actually, we guarentee that we can help you get your pardon - or your money back. Our success rate is 99%.

If you are serious about taking the next steps, or you just need a little more information, call us now. We have a specialist for you - no matter what your record. Call 1-8-NOW-PARDON. Let's remove your record!

Pardons allow new start, applicants say.

Here is a brief summary of a recent article by CBC News. To read the original article, please follow the link at the bottom of this article.
Old habits do die hard, but there comes a time when habits have to be broken: The cycle that so often plagues people struggling to cope with too little, if any, income and the demands of daily life – the cycle that sometimes leads to desperate acts, often illegal ones, results in a criminal record.
Over 4 million people in Canada have criminal records; and spokespeople at the Parole Board of Canada, the RCMP, and the Department of Justice say that only a very small percentage of people apply for pardons, often because they have no choice. Applying for a pardon is a long process involving hundreds of dollars in expenses in addition to the administrative fee that the Parole Board now charges – a fee increased just last December from $50 to $150.
If a person has a criminal record and has not been pardoned, finding housing, crossing the border into the U.S., getting a job, even just part time, is next to impossible. Not having a pardon is a “big deal.” Many application forms ask if the applicant has committed a crime for which the person has not been pardoned. Even when a company might hire someone without checking his or her criminal history, there is the constant fear that the criminal record will be discovered. And should a situation occur that causes management to do a company-wide background check, that record will indeed be discovered, usually leading to dismissal.
To apply for a pardon, individuals must have served their sentences or paid their fines and lived crime-free for five or ten years, depending on the severity of the offence; and they must pay the application fee. Now the Parole Board wants to raise that fee to more than $600 from $150, and Public Safety Minister Vic Toews feels that the applicant “should be paying for those pardons on a cost-recovery basis” – that is, pay the full cost, believing ordinary Canadians shouldn’t have to shoulder the expense.

Individuals can apply for a pardon by themselves however, the process can be difficult. The petition can be aided by using Pardon Services Canada, a reputable private company established in 1989 and having a success rate of 99 percent. The services include creating and compiling all the necessary forms required to support the application and handling all communications from the NPB and other government agencies. All documents required are obtained in a timely manner, and each case is processed expeditiously.
The Harper government wants the Parole Board to allow fewer pardon applications and spend more time on each, with the board’s cost breakdown estimating the increased administrative cost at $631!
Opponents of the heftier fees feel the issue is about more than cost. Most individuals applying for pardons live on low incomes, and the additional amount is purely out of reach. Toews recognizes these legitimate factors, thus the Parole Board held public consultations in February when Canadians were asked to say what they thought of quadrupling the price. Dozens of people reacted by saying that the higher cost will make a pardon impossible to get.
Most pardons are given to people who commit non-violent offences. Worthy of note is this list of Offences from 2000-2010 that earned pardons. Shouldn’t we be helping rather than hindering those who struggle to reintegrate into society?

References
Pardons allow new start, applicants say
Parole board begins consultations on pardon application fee hike

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.