I need some solid advice. My husband was charged and convicted of an offence back in 2004. In 2015 he received a pardon. He has never attempted to cross the border.
We would like to take our children to Disney world and have been researching the waiver process.
Some have told me that since he has never been denied access, and he has a pardon, and on the condition that he says "no" if they ask; he should have no trouble.
Can anyone tell me for certain one way or another?
Thanks
@Cja,
When CBP scans your passport your husbands criminal record shows up regardless if it was pardoned or not, if it was not indictable, then your husband should be free to cross, but you get one power trip officer, all hell can break loose.
Denial is what some will say is the best way to go and say NO criminal record, but go to a backroom and your interrogated....might as will bend over and open your cheeks and say hello.
The worst will happen is that your husband will get denied and be told to apply for a waiver, so buy the cancellation insurance just in case....pay the extra $$ its worth it.
Good luck on your trip and your husbands crossing.
Here's how I understand what may happen and suggest first and foremost get travel insurance that would cover if he got denied at the border.
When you clear customs at airport if the agent waves you through your through. If they have any suspicions they send you to secondary in which case they'll check if you have any fingerprint record.
If they find anything in the system they'll allow you to withdraw your entry and go home and instruct you on a waiver.
If you don't have any record of prints they'll send you through.
The bigger question is if they ever had pulled your info from CPIC before your pardon or not?
If they didn't you'll never need the waiver. If they did you'll have to go on without him and he'll always need a waiver.
As someone who's travelled for many years over the border I've only got pulled into secondary once and now I'm in waiver boat
Suggest ensuring all your paperwork tickets, hotel reservations etc are all in order and remain calm and friendly when going through customs. As a family on the way to Disney as long as your Canadian should trigger very few alarms.
It's a gamble but you probably have a pretty good shot, but these days you never know so just be prepared ....
Just my two cents!
I was convicted in 2005. I received a pardon in 2014. I never once went to the USA until I received my pardon as I was under impression they cannot see it in their system. I live in Toronto and crossed the border twice with no issues through car in buffalo. The third time, I was pulled into secondary and they grilled me about seeing something come up. I had to admit I was charged but pardoned. They instructed me on waiver process and sent me back. Whatever you heard is wrong.. They can see it apparently. I have a waiver now.
ABC you are completely WRONG.
Your husband does NOT need a waiver. I do waivers for a living, and I am telling you, do NOT do a waiver. His record is clear.
“When CBP scans your passport your husbands criminal record shows up regardless if it was pardoned or not, if it was not indictable, then your husband should be free to cross, but you get one power trip officer, all hell can break loose.”
This is a false statement, issued by a person who's name...we do not know. This is my real name. A pardoned record can not be seen EVEN BY OUR OWN RCMP. YOu only need a waiver if you have been caught.
ABC, I don't know what your motive is, or if you are just misinformed, but your saying what every scammy Pardon and Waiver place says, and this forum was created to avoid that, correct?
Anyways, if you have any questions, here is my cell#. 416-843-1371. I stand by my statements.
@Singh5555 , same experience. so pardon does not help. a waiver is still needed.
they must have access to a higher classified database, not the one used for RCMP fingerprint report and local police check.
"Secret database" . Are you for real?
There is ONLY CPIC. The RCMP themselves can't see the record....you think they give Homeland Security access to some "secret database?"
It makes me more money if you spread this fake rumor but as a Canadian I'm appalled that you would spread this in a forum where people are trying to help each other.
If what you were saying was true, I would have literally THOUSANDS of former Pardon clients since 1996 being denied entry. I am not.
So since your spreading fairy tales Orchid168, I might as well jump on board.
Hey! I offer Pardons that are so special, I also remove the record from the "top secret roswell" database that only Orchid168 knows about! Don't bother looking it up....its a secret.
Apply now! Only I offer this service, although - am sure Ken Scott will jump inboard too. Sounds just up his alley.
Apply NOW!!!
@John Rogers, English is not my first language, if I got you confused in anyway then it was not my intention.
This is a board share experience and help each other, not to attack each other.
what I wanted to say and I am saying the fact is that having a pardon doesn't mean CBP wont deny you entering to the US. But if you are denied you can still apply a waiver.
If both CBP and RCMP and local police check access the same database assuming it is CPIC, then how do you explain the fact that CBP can still see someone has a record in the past, while RCMP fingerprint report and local police check both come back clean? I would like to know the answer, one that makes sense. If you know why, I would like to hear it.
no need to be angry. I am not spreading any rumors. you can ignore my post .
If Homeland Security "catches" you BEFORE you have a Pardon, they then make an "immigration record" and copy down details of your criminal record. Then a Pardon will not help you.
Once the Pardon has been granted, the immigration record remains.
If you have NEVER been CAUGHT. Then a Pardon is all you need.
Orchid168 the reason I am so adamant about this is because unscrupulous companies say things like "Homeland Security does not recognize a Pardon" to trap people who have never been caught into doing a Pardon and a Waiver.
As a person who tells clients the truth about how the system works, I counter anything that puts Canadians in the position of making the wrong choice out of fear.
I only wish to inform, and give people the truth, so they can make accurate decisions that are best for THEM.
@orchid168 ...thanks for your posts and for sharing. I have heard the same as you about waivers. The border guard told me they can see it. This is a forum to share our experiences.
Isn't accuracy more important?
We are all Canadians here. Why would you believe a Homeland Security officer, whos job is not to be honest, but to CATCH you?
If a police officer pulled you over with no cause, and said he "knows you probably have drugs" would you just believe him and confess?
The naivete here is unbelievable. No wonder you were convicted kal. I assume you plead guilty immediately on arrest because the officer said "I know your guilty. I can see it here in my computer". That is just as ridiculous as what you said.
And think of it this way....if everyone INSTANTLY needed a waiver....why wouldn't I either KNOW that, or more importantly...make MORE MONEY off of that?
There is a mistake here in terms of getting a pardon and thinking that CBP cannot see your offences.
This is true sometimes and other times it is not. There have been cases where they have seen
offences and this was when the person got a pardon first before CBP download the data. There are
other ways that they can see it but it will depend on the specific case. There are other police
databases that a pardon will not cover. I know for a fact because we see it sometimes in the Surrey
office on waiver cases. Plus you have to be careful how you say no and depending on what is in the
system. There are many other areas of inadmissibility that they can use against you and
misrepresentation is one of them. Bottom line it is all case specific.
ok lets get factual and specific LS.
IN Canada, we have CPIC. Some Police forces like Toronto also have a supplemental database. Police officers call it CIPS.
Toronto Star:
“Police forces from across the country feed the RCMP-administered database with charge and outcome data. This information can be accessed by police from in-car cruiser computers and is shared with police services and agencies.
It is also available to the FBI and other U.S. agencies, including border officials. A reciprocal agreement allows Canadian police and agencies to access American criminal records.
The Star's analysis of the data showed that of the 421,244 people listed in CPIC with non-conviction records, 266,036 are Canadian-born. Of those, 83,394 had notations for violence; 1,805 have a notation for suicide attempt; and 1,617 had a notation for mental instability.
The Star asked the RCMP this week for updated figures. None were provided in time for this story.
The national Canadian criminal database data includes "information on charges, warrants, persons of interest, stolen property, vehicles, criminal records as well as critical public and officer safety information," an RCMP spokesperson said in response to Star questions.
Also included in the submitted data are "character" indicators police fill out whenever they feel an individual has a propensity for violence, is an escape risk, has experienced "mental instability" or has attempted suicide.”
When you get a pardon, the information is removed from CPIC. Homeland Security cannot access local police databases.
If you get caught BEFORE a Pardon, then Homeland Security Flags you in their system. Now, a Pardon will not help.
There are no other "secret databases" that Homeland Security can access. The allegation that they can makes no sense.....but it makes sense of you consider the source. Companies or individuals trying to make $$ want you to believe the pardon will not work. Some of them then make vague promises of "getting you off the waiver program" without specifics.
LS, or anyone, please explain to everyone here, how AFTER a pardon, (CPIC SHOWS NO RECORD REMEMBER) Homeland Security could logically "know" you had a record. And don't say "i know it happens because clients come in and tell me".
Know what a few thousand pardon clients since 1996 tell me? They got pardons. And they have NEVER been caught.
I make money from waivers and pardons, but I make way more money if you need a waiver as well. And I am TELLING YOU, against my profit motive, you only need both if you have been caught.
Now look at the people telling you the opposite. They do waivers and "maybe you will get a September letter" . What is THEIR profit motive?
