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Failure to disclose pardon?

Unlike what many of the pardon/waiver companies (the ones that offer to help you process a US entry waiver) would have you believe, even IF you have successfully received a pardon in Canada (or record suspension), you are still obliged to tell the truth at a US border crossing. Remember: a Canadian pardon is not recognized by the US government.

If a person attempting to enter the United States fails to disclose the existence of a criminal record, even for crimes that would not otherwise exclude them from crossing the border, they will likely be denied entry, possibly face permanent ineligibility, and/or be detained at a U.S. Department of Homeland Security enforcement facility.
Let's take the quote above: if a US border officer (CBP) asks 'have you ever been convicted of a crime', you'll have to tell the truth, even if you have that pardon. So what if the CBP officer asks 'do you have a criminal record'? If you have the pardon, would saying 'no, you don't have a criminal record', still implicate you? It's obviously a difficult predicament.

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Comments

  1. AnonymousNovember 20, 2014 at 8:34 PM

    i always thought a pardon was locked that no one can see the criminal record (even those border guards). if you get the pardon before being stopped at the US border, wouldn't you be in the clear?

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    Replies
    1. AnonymousNovember 21, 2014 at 2:48 PM

      I think the point he's trying to make is regardless if you have the pardon (now called a record suspension), you still have to answer truthfully at the border. The ramifications if you don't far outweigh the cost of getting a waiver.

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