Skip to main content

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.







Labels:

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

Post a Comment

Popular posts from this blog

Do you have an I-194 waiver?

Thanks to those who participated in my recent poll "Do you have an I-194 waiver?". It turns out that of those who participated over half have applied or intend to for the I-194 waiver (Advance Permission to Enter as a Non-Immigrant). It is also interesting to note that the amount that have 1 year or 5 year waivers are very close (3 to 4). I had read somewhere that the waivers were granted as 1 year or 5 based on the degree or seriousness of the past offenses. If this is true, then wouldn't a person expect that if he/she were granted a 5 year waiver, he/she should always expect the 5 year waiver? I'd be happy to hear your comments and personal experiences on this. Update: See  I-192 Waiver Application Process
167 comments
Read more

Check Your Waiver Application Status

I've never tried, but apparently there is an email address to check your waiver application status. CHECKING THE STATUS OF YOUR WAIVER REQUEST: Please allow at least 120 days from the date of submission of your I-192 before making an inquiry about the status of your application. As stated earlier, a full review of your circumstances can take up to a year, and requests for status updates may add to that timeline. However, if for some reason you are concerned about the status of your request, and you filed at a CBP Preclearance location or at a land border port of entry after August 26, 2007 you may ask for an update by emailing inquiry.waiver.aro@dhs.gov . In the email, be sure to provide your full name, DOB and your A number. If you filed at a land border port of entry prior to August 26, 2007, please contact them directly. Phone numbers are on our Web site. Attorney inquiries: attorneyinquiry.waiver.aro@dhs.gov If you have submitted an application and you have had a chang...
74 comments
Read more

I-192 waiver application cost going up?

As mentioned by a contributor on the I-194 waiver forum , a recent article on CBC ( Have you ever smoked weed? ) has made claim that the cost of an I-192 waiver application is increasing from $585 to a whopping $930 US ($1,200 CDN) later this year. There seems to be some truth as found on a US Federal Register under a section labelled "TABLE 9—PROPOSED FEES BY IMMIGRATION BENEFIT" (see here: https://www.gpo.gov/fdsys/pkg/FR-2016-05-04/pdf/2016-10297.pdf ) If these changes move ahead Canadian's who have been previously denied entry to the US will see a 59% increase on their US waivers. There is some potential good news in that all waivers after the fee increase may be issued for a set 5 year (instead of the current 1, 3, 5 year) with limited exceptions for sexual assault convictions but that has yet to be confirmed. Waiver renewal application processing seemed to have gotten quicker over the summer with some applicants commenting on 3 month returns. So perhaps we can f...
10 comments
Read more