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Got pardon? US entry waiver release information

Through international agreements, the RCMP shares criminal records information with foreign authorities who may register this information in their databank.

A pardon / record suspension allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records (sometimes known as a sealed record). This means that any search of the Canadian Police Information Centre (CPIC) will not show that you had a criminal record, or that you were issued a pardon/record suspension.

Many foreign countries, including the U.S., do not recognize a Canadian pardon / record suspension. If you have been convicted of an offence, you may still be refused entry into the U.S., even if you have since been granted the pardon in Canada.

If you are renewing a waiver or completing a new I-192 application, you will need to request a copy of your pardoned criminal record.

Follow the steps outlined in How to obtain a Cerified Criminal Record Check and write "Request for PARDONED Record" in the REASON FOR APPLICATION box of fingerprint form C-216C.

You will also need to complete and sign a Privacy Act, "INFO SOURCE, Personal Information request" form TBC350-58.

Don't forget to clearly state that the request is for the "release of information for which a PARDON has been granted."

The good news? No fees are charged for processing pardoned criminal records under the Privacy Act. The pardoned record will be returned directly to you.







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Comments

  1. AnonymousMarch 23, 2015 at 9:42 PM

    I have a question, for you guys. Hopefully one of you can help.

    If I don't cross the US border until I get my pardon, does the US border have my criminal record from before I got the pardon?

    I got the following from www.nationalpardon.org, is this true?

    You need a waiver to be in compliance with the law and to ensure you are not at risk. The best thing to do if you have a criminal record but have not been stopped at the border is to apply for a Canadian pardon and stay out of the United States until it is granted. Once a Canadian pardon has been granted the United States cannot find out about your criminal record unless you tell them. However, American law states that Canadian pardons are NOT recognized. Therefore, legally speaking, a waiver is still required for people who have been granted a pardon.

    Q: I had a pardon but the Americans could still see my Criminal Record. Why is that?
    There are several reasons this could be happening. One is that it is possible the Americans were previously made aware of your record and you did not remember or did not realize it at the time it happened. Another explanation is that the border guard “bluffed” you. American Border guards are aware of the Canadian pardon program and will sometimes try to trick you into revealing that a pardon was obtained. You need to be aware that obtaining a pardon in order to cross the border is taking advantage of a legal loophole. American law says you must disclose your pardon to them.

    So guys, is it true that the American Border guards can see your record even after your pardon (record suspension) even though you haven't crossed the border prior to getting a pardon?

    Please help. Thank you in advance.

    ReplyDelete

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