Posts: 2080
Threads: 63
Joined: June 3, 2018
Reputation:
17
Crossing into Canada
November 21, 2019 at 9:14 pm
Can you cross into Canada, for work if you had a criminal charge but it was dismissed before you were ever indicted?
I was charged with a felony in 2018 and was told there may be some issues crossing into canada, even if the charge(s) got dismissed.
Any feedback on this would be appreciated.
I emailed CBSA with no response and plan on calling them tomorrow.
If you're frightened of dying, and you're holding on, you'll see devils tearing your life away. But if you've made your peace, then the devils are really angels, freeing you from the Earth.
Posts: 47146
Threads: 546
Joined: July 24, 2013
Reputation:
108
RE: Crossing into Canada
November 22, 2019 at 5:57 am
(This post was last modified: November 22, 2019 at 5:58 am by BrianSoddingBoru4.)
https://www.temporaryresidentpermitcanad...felony.php According to the Canadians, you should be ok.
Quote:Can I Enter Canada with a Felony Arrest?
When it comes to the Canadian border, there is no assumption of innocence after a criminal arrest or charge unless a visitor can prove there is zero chance they will be convicted of the offense. This means that as soon as a US citizen or resident (Green Card holder) is arrested for a felony crime or placed under indictment for a felony, they may be criminally inadmissible to Canada even though they have not yet been convicted and could very well be innocent. Unless a person has proof of a favorable settlement or "no conviction" result, the Canadian border may refuse them entry if a misdemeanor or felony arrest appears on their record. "While participating in a diversion, probation before judgement, deferral, or other conditional discharge program, an American is typically still criminally inadmissible to Canada since they could potentially have a probation violation and end up convicted of the offense. Unless the probability of a conviction is literally 0%, Canada's border authorities can essentially treat the charge like a conviction. Being denied entry at the border is never a fun experience, so it is strongly advised that you apply for special entrance permission in advance of your Canadian travel if you have a felony criminal record rendering you inadmissible and you need to travel north of the border.
Since your case was dismissed, that would seem to be the same as never having been charged.
If all else fails, bribe the border guards.
Boru
‘I can’t be having with this.’ - Esmeralda Weatherwax
Posts: 47146
Threads: 546
Joined: July 24, 2013
Reputation:
108
RE: Crossing into Canada
November 22, 2019 at 7:22 am
'Where's Murphy been these days?'
'He's emigrated.'
'Good God...why??'
'He saw a sign that read, "Drink Canada Dry", so he thought he'd give it a go.'
Boru
‘I can’t be having with this.’ - Esmeralda Weatherwax
Posts: 19881
Threads: 324
Joined: July 31, 2016
Reputation:
34
RE: Crossing into Canada
November 22, 2019 at 7:54 am
"Well, I can at least help!"
Posts: 2080
Threads: 63
Joined: June 3, 2018
Reputation:
17
RE: Crossing into Canada
November 22, 2019 at 10:00 am
(This post was last modified: November 22, 2019 at 10:03 am by EgoDeath.)
(November 22, 2019 at 5:57 am)BrianSoddingBoru4 Wrote: https://www.temporaryresidentpermitcanad...felony.php According to the Canadians, you should be ok.
Quote:Can I Enter Canada with a Felony Arrest?
When it comes to the Canadian border, there is no assumption of innocence after a criminal arrest or charge unless a visitor can prove there is zero chance they will be convicted of the offense. This means that as soon as a US citizen or resident (Green Card holder) is arrested for a felony crime or placed under indictment for a felony, they may be criminally inadmissible to Canada even though they have not yet been convicted and could very well be innocent. Unless a person has proof of a favorable settlement or "no conviction" result, the Canadian border may refuse them entry if a misdemeanor or felony arrest appears on their record. "While participating in a diversion, probation before judgement, deferral, or other conditional discharge program, an American is typically still criminally inadmissible to Canada since they could potentially have a probation violation and end up convicted of the offense. Unless the probability of a conviction is literally 0%, Canada's border authorities can essentially treat the charge like a conviction. Being denied entry at the border is never a fun experience, so it is strongly advised that you apply for special entrance permission in advance of your Canadian travel if you have a felony criminal record rendering you inadmissible and you need to travel north of the border.
Since your case was dismissed, that would seem to be the same as never having been charged.
If all else fails, bribe the border guards.
Boru
Awesome. Thanks Boru!
It sounds like I should carry some paperwork with me to show the case was dismissed, just to be safe.
If you're frightened of dying, and you're holding on, you'll see devils tearing your life away. But if you've made your peace, then the devils are really angels, freeing you from the Earth.
