Dispelling Pardon Myths – Can Any Offence be Pardoned?

According to a recent blog post by Express Pardons, the requirements to obtain a Pardon are stricter than the general public may know.

As correctly pointed out, the  vast majority of Pardon applicants have minor offences from years, sometimes decades ago, and the most common offences are minor thefts, DUIs and the like.

Steps required to be considered for a pardon include the process of proving that an applicant has been a good citizen and that they have remained crime-free for at least 5 years.

Anyone convicted of murder or designated a dangerous offender will never become eligible for a Federal pardon. Similarly, anyone receiving a pardon for a serious sexual offence will have their name permanently flagged in a special database, which would prevent employment in any job considered vulnerable sector (working with children, the elderly etc).

For more information on restrictions on pardons, read these pardon FAQs.

Pardon Myths – Passports

Unfortunately, there are a number of myths about criminal records and pardons perpetuated in the public domain. Hopefully the following information will help clarify these issues.

MYTH: You require a pardon to obtain a passport or RF chip driver’s license

This is a very common myth. The truth is you can obtain a passport or RF chip driver’s license with a criminal record. Only outstanding child-support and alimony obligations will prevent you from obtaining a passport. Also, if you have an outstanding warrant or have a court order prohibiting you from leaving the country, you will also have difficulties obtaining a passport.

The Canadian passport is merely a travel documents that identifies you as a Canadian citizen. However, the passport cannot be used if you have a criminal record. The reason is that the Canadian passport has your name and date of birth details encoded in a bar code. This allows your passport to be swiped and your identity information instantly entered into a computer at the airport or border crossings. Where a border agent once had to manually key the information in to search for your criminal record, often practiced at random, now the border agent can swipe your passport and search for a criminal record with the click of a button.

RF Driver’s License are even worse, as your information doesnt even need to be swiped, it is automatically picked up electronically (radio frequency) as you approach the border crossing booth. Searching for criminal records is only going to get easier and easier. This fact has led to a dramatic increase in denials of entry at the U.S. border.

Countless of my clients have noted that they entered the United States hundreds of times over many years, even decades, with their criminal records. It gave them the false sense of security that the United States was not concerned with their criminal record. Then one day, they are told to pull over, and a painful and embarrassing 2-3 hours processing and denial of entry awaits.

Your criminal record will impede you from travel, plain and simple. Foreign countries can and do check into criminal histories of Canadians attempting to enter their country. This is particularly a concern with the United States, as they have direct access to the federal criminal record repository, the Canadian Police Information Centre (CPIC).

You must clear your record with a pardon prior to entering the Unites States and other foreign countries if you wish to avoid embarrassing denials of entry, and potential seizure of property.

If you have already been denied entry to the Unites States, you will require a U.S. entry waiver if you wish to return.

Do you have a story about traveling to the United States with a criminal record? Share in the comments.