There was a time when crossing from Canada to the United States was as simple as driving through a checkpoint. Yes, you could be denied entry or detained if you were found breaking the law or had previously overstayed your welcome, but in general, crossing the border was not a big deal. That is no longer the case. Now, with few exceptions, a criminal record of any kind in Canada legally prevents you from entering the U.S.

If you have a criminal record in Canada, you need to apply for a US entry waiver in order to cross the border.

Travel Restrictions

United States border agents are able to access the Canadian Police Information Center (CPIC) database. When you attempt to cross the border they only need to type your name into the computer and they have full access to your Canadian criminal record. A criminal record legally bars you from entering the United States under most circumstances.

Traveling Without a U.S. Entry Waiver

If you attempt to enter the United States with a criminal record, you will be refused entry, but entry refusal is not the only thing you need to worry about. Border agents can confiscate property up to and including your vehicle. Your passengers can also put you at risk. The rules about border crossing and asset forfeiture also apply if any of your passengers have a criminal record.

U.S. Entry Waivers and Pardons

The United States government does not recognize Canadian pardons. Without the recognition of the U.S., a Canadian pardon does not guarantee entry into the United States. Even if your criminal record has been pardoned, you must obtain a U.S. entry waiver to ensure you will be allowed to cross the border.

Exceptions to Travel Restrictions

The U.S. does not bar entry for some crimes. For instance, drinking and driving is an admissible offence. That means a drunken driving conviction should not keep you from entering the United States. In theory, a travel waiver is not needed if you have only had a drunken driving conviction. However, that is not the case. U.S. border agents have been given the discretion to refuse entry to any person with a criminal record even if the offences are considered admissible under U.S. Law.

Any time you attempt to enter the United States with a criminal record without a travel waiver, you are taking the risk that you will be refused entry.

Drugs

The United States’ “War on Drugs” has made border agents treat drug convictions seriously. If you were ever charged or convicted of drug-related offences, you will need a U.S. entry waiver to cross the border. Even if you have never been charged or convicted of a drug-related crime, admitting to past drug use to the border agent can be enough to refuse you entry to the United States.

How to Travel to the United States with a Criminal Record?

Obtaining a U.S. entry waiver is the only way to guarantee entry into the United States if you now have, or ever have had a criminal record. You may have heard that pardon will allow you to enter the United States. You were told wrong. Even if your criminal history has been pardoned, a quick search can reveal your past crimes to the border agent. If that happens, a pardon will not get you into the United States.

If you want to ensure entry into the U.S., apply for a U.S. entry waiver.