Entering Canada with prior misdemeanor adjudication witihhel

[flybob63]

My wife and I are planning to leave Fl next week on a bucket list RV trip we have planned for a long time, heading for Alaska. I recently found out that people with a prior misdemeanor arrest maybe denied entry at the border. My wife had a very minor incident a few months ago. She was a waitress and sold alcohol to a 19 or 20 year old during a time the restaurant was very busy. She thought they were 24-25 and just did't take time to check.

She was issued a notice to appear, technically a 2nd degree misdemeanor here in FL. She got adjudication withheld and just had to pay a fine with no jail, no probation, etc. She is 49 years old and other than this has never even had a traffic ticket in her life.

Is this going to be enough for Canada to deny us entry to drive through?

Please tell me this will not be an issue.

[Jack_in_Alaska]

Traveling on the Alaska ferry from Bellingham to Haines will have you driving back into Canada on your way to Haines Jct. and then back into the USA(Alaska) at the Yukon/Alaska border.

[Tequila]

Call 204-983-3500 or 506-636-5064

[ChiMom]

I've had actual experience with the frustration of getting permission to cross the Canadian border. In 2011, my partner started the process of contacting the Embassy in NY in preparation for our planned trip to Alaska the following year. No phone calls are accepted. She had been arrested when she was 21 and hanging out with the wrong people. One time only, minor offense reduced to misdemeanor, 40 years ago. The hoops she had to jump through included getting police reports from two states, FBI search report, fingerprints in two different methods for each state, local township police report showing she hadn't been in any trouble, $200 money order to be sent to Canadian Embassy with all forms, documents, fingerprints, reports, and copies of court findings. The fingerprints and police searches cost about another $200.

We kept waiting and waiting to get an answer before leaving for Alaska the next year. Nothing. No answer to emails or letters. We left anyway and had no trouble crossing the border either time. Lucky.

Two and a half years after we mailed the package to Canadian Embassy, she got a letter granting her permission to enter Canada from now on.

YMMV.

[Orion]

From what I know, if you have a CRIMINAL history, you will almost certainly be refused entry. However, if it shows that you have a MISDEMEANOR, then it is not automatic, but it is up to the discretion of the border agent. I think therefore for them to turn you back then, there would have to be another reason, swastikas on the side of your truck, etc. or you ticked off the agent, showed attitude etc. I dont think you will have any problem!

[flybob63]

Yeah, I understand about them getting their infor from the US and having basically a computer record to go on. That's why I'm taking the immigration officers advice and having the a whole file of the documents with me in case the border officer needs to try to interpret anything.

I would have had the record expunged except tate here in Fl the record has to be a certain age (not sure exactly how old) but the incident with my wife occurred only in March of this year, plus I did not even think this incident could even remotely be an issue until I stumbled across some information on the internet almost by accident.

[RangerJay]

flybob63 wrote:


I just have to say that as a retired police officer who was on the scene of many illegal alien boat landings in Florida, that the fact that my wife and I, having no other issues in our past whatsoever, are even having to address this as an issue is absurd in my opinion. I understand, from reading Canada's website that they are interested in the security of Canada but I hardly think my wife and I pose a threat to their country.

Sorry to complain, but it really is how I feel about it.

I do hope this turns out well for you and your vacation is not impacted - and you are right - your wife and you are unlikely threats.

But what is almost always overlooked in these discussions is that the Canadian agent is not a judge - they get their information from the U.S. - that information is black and white. As angering as this is - it was - and is - in your own power to have the record expunged.

I live in a chunk of the world where much of the tourism dollar comes from the U.S. - and if a person is turned back (as they have been in the past) because of an old record then not only is a vacation ruined - but the benefits of that vacation do not materialize to the local economy. The lodges, resorts, outfitters and guides in this area really encourage vacationers coming to Canada to deal with old charges well in advance of their entry into the country.

I wish you the best of luck in your crossing - and trust you will have a great vacation.


Jay

[Supreme_Oppress]

Best to deal with embassy and get it taken care of. While the border guard can make an exception at their discretion, even if they let you through it is a one time deal. (There is a border crossing reality show here and that issue comes up a lot. After the one time exception, further entry is automatically denied) Since you intent to enter twice (to get back) they would probably refuse initial entry to avoid issues.

[flybob63]

2KGeorgieBoy wrote:
If you do get into Canada from this end, what happens when you try to reenter from Alaska on your return?

Our plan is to travel down the west coast so she can fly from Anchorage down to Seattle if needed and I'll just shoot straight down as quick as I can with no sight-seeing in between.

[2KGeorgieBoy]

If you do get into Canada from this end, what happens when you try to reenter from Alaska on your return?

[Francesca_Knowl]

Brynjolf wrote:


Whether the offense is illegal in Canada isn't material. The relative severity of the offense also has very little effect.

It's my understanding that the only thing that's material here is whether the offense is "illegal" in Canada. Or perhaps more properly stated as classified in Canada as one of many "crimes" for which a person will be denied entry.

Best example is probably DUI/other alcohol related offenses. Mostly misdemeanors here, but definitely in whatever the "felony" class is under Canadian codes; and automatically a reason for denial of entry.

[flybob63]

Brynjolf wrote:
(This sounds a bit rough, and I apologize.)

Whether the offense is illegal in Canada isn't material. The relative severity of the offense also has very little effect. (These issues may come up when an individual claims asylum, but that's about it) The sole issue is: when your wife's passport is scanned, if something comes up on the background search then there is a problem. At that point, the decision as to whether or not to let your wife enter Canada is in the hands of the customs agent, and that decision is generally "No" but there is some leeway at the sole discretion of the agent.

The advice to contact the consulate is an excellent one, and I'm glad that you're doing so. They'll provide advice on how to best proceed. However, even their advice will not provide a 100% guarantee. On the day when you try to enter Canada, please be prepared to be turned back.

I tried the consulate numbers several times and was never actually able to get through to a human being. I called the border station at Coots as advised by another poster. I spoke to a very helpful immigration officer who said we SHOULD be okay. He said a lot is left up to the border agent and what he/she finds but we SHOULD be okay. I already have a file of our documents to show the border agent if needed.

I just have to say that as a retired police officer who was on the scene of many illegal alien boat landings in Florida, that the fact that my wife and I, having no other issues in our past whatsoever, are even having to address this as an issue is absurd in my opinion. I understand, from reading Canada's website that they are interested in the security of Canada but I hardly think my wife and I pose a threat to their country.

Sorry to complain, but it really is how I feel about it.

Thanks for the help all. Appreciate it.

I'll let you know how it turns out.

[garyhaupt]

Brynjolf wrote:
(This sounds a bit rough, and I apologize.)

Whether the offense is illegal in Canada isn't material.

Yes, you are quite right, My comments about Canadian-US have no bearing on thr actual topic. Once you have been on this website long enough..a matter of hours..it will become obvious why I typed it. There will often be a comment posted suggesting one border direction or another has a heavy handed approach. I find it useful to remind that it matters not which direction a person is going, the 'verboten' categories are the same. ie: criminal record, drugs, guns, alcohol.


Gary Haupt

[AKsilvereagle]

All other posted comments pretty much sums it up in this situation... both US and Canada border officials towards foreign visitors will recognize any recorded incident as a conviction if a fine was paid despite the type of judgment that was imposed, no matter how minor or major one jurisdiction classified the incident as.

Border officials do not generally recognize record incidents as infractions or misdemeanors as such, but rather as minor or major offenses, and if they are classified as criminal or non criminal.

Having onhand any documentation pertaining to the case will be a big plus, also some real good advice of not disclosing any information to border officials until asked, and when they ask - they are either wanting additional specific details in the case in order to determine permitted entry or denied entry, or testing your answers to what they already know.

For those in unique and fine line situations pertaining to an incident matter on record, I know that Canada border officials will refer a similar related incident in deep question and recognize it as such according to their own criminal statutes of Canadian law upon making a final determination.

I know Alaska does recognize selling booze to a minor as a criminal offense, despite what the ABC does in recruiting young individuals that look much older in order to prey on a busy server, no matter the circumstances.

I am in a much more complicated situation as I got detailed questioned twice and one other recent time upon major scrutiny from Canada border officials (within my last 8 consecutive yearly crossings entering Canada over an incident with US Army officials in 2005) as I had three serious charges pending, which they never pursued nor formally charged me with anything (really blown out of portion), however it is permanently on record under some "special federal file" that no US federal courts of all levels show on file as I looked into it (that's all I could obtain at this point) as no one can even provide a case number at all for me in which is non existent, however Canada officials clearly see the incident on their database showing no result.

The three times when I was asked about the incident, I went into detail when they asked upon the circumstances and stated that I was never charged nor contacted to appear in court....two of the three times when I was asked about the incident they wanted to see some form of documentation stating so, which has been an impossible task when a court system tells you there is no file or record of it.

Needless to say to this day, Canada officials have never denied me entry nor have I been told to leave upon visiting Canada along with numerous crossings, so after the major scrutiny incident with the official at Port Stewart, he pretty much told me he annotated an advisement on my passport that will need some form of documentation stating the incident is not going to be pursued or I could be subjected possible denied entry into Canada - I finally got cleared after two hours and to continue my vacation destination as planned because of the numerous permitted entry crossings into Canada on record.

Best of luck for your wife's situation, my guess on what was posted there is a slight better chance she will be permitted entry than denied, but it is solely on the discretion of the officer and or the supervisor.

[Brynjolf]

(This sounds a bit rough, and I apologize.)

Whether the offense is illegal in Canada isn't material. The relative severity of the offense also has very little effect. (These issues may come up when an individual claims asylum, but that's about it) The sole issue is: when your wife's passport is scanned, if something comes up on the background search then there is a problem. At that point, the decision as to whether or not to let your wife enter Canada is in the hands of the customs agent, and that decision is generally "No" but there is some leeway at the sole discretion of the agent.

The advice to contact the consulate is an excellent one, and I'm glad that you're doing so. They'll provide advice on how to best proceed. However, even their advice will not provide a 100% guarantee. On the day when you try to enter Canada, please be prepared to be turned back.