Busted for Pot
- Thread starter Derek t
- Start date
Everything you wanted to know but didn't know where to look:
http://help.cbp.gov/cgi-bin/customs...GNoYXJnZXMgZGVuaWVkIGVudHJ5&p_li=&p_topview=1
BTW: they can deny you entry for any reason they see fit. Look at the last line on the above page.......
You also might want to look at item 12 on this page:
http://www.pardonservicescanada.com/pardon-and-waiver-faqs.html#pardon-q12
I don't know if the US looks at or has access to an arrest record.......
You might want to look at the section "grounds for Exzcludbility" on this page:
http://www.canadianlegal.org/travel_waivers.php#3
But again, they have a disclaimer that states basically the US border services can change the rules whenever they want....
http://help.cbp.gov/cgi-bin/customs...GNoYXJnZXMgZGVuaWVkIGVudHJ5&p_li=&p_topview=1
BTW: they can deny you entry for any reason they see fit. Look at the last line on the above page.......
You also might want to look at item 12 on this page:
http://www.pardonservicescanada.com/pardon-and-waiver-faqs.html#pardon-q12
I don't know if the US looks at or has access to an arrest record.......
You might want to look at the section "grounds for Exzcludbility" on this page:
http://www.canadianlegal.org/travel_waivers.php#3
But again, they have a disclaimer that states basically the US border services can change the rules whenever they want....
Why are you going? I would think that could make a difference--since with the step up border since 9/11 I would just GUESS customs can see your arrest record too (and who knows what else).
But if you are going for business for your job, I would guess they let you in. Going for no real reason but to say party in the clubs, it might get a guard to not care for you.
Thats the thing, it who meets you at the booth, some agents seem more cool than others--like back guys--sorry but its true I found
Those crew cut young white dudes can be a "bitch", ha ha. Older white dudes are better also.
I was born in the USA and sometimes find it takes longer and more talking to get let back in the the USA, than to get in to Canada.
Good luck and if they start asking questions, try to answer them nice--it can get to you thou but try to stay cool headed.
But if you are going for business for your job, I would guess they let you in. Going for no real reason but to say party in the clubs, it might get a guard to not care for you.
Thats the thing, it who meets you at the booth, some agents seem more cool than others--like back guys--sorry but its true I found
Those crew cut young white dudes can be a "bitch", ha ha. Older white dudes are better also.I was born in the USA and sometimes find it takes longer and more talking to get let back in the the USA, than to get in to Canada.
Good luck and if they start asking questions, try to answer them nice--it can get to you thou but try to stay cool headed.
What the hell's a "back" guy? Is that some gay code for a top? LOLS.C. Joe said:Why are you going? I would think that could make a difference--since with the step up border since 9/11 I would just GUESS customs can see your arrest record too (and who knows what else).
But if you are going for business for your job, I would guess they let you in. Going for no real reason but to say party in the clubs, it might get a guard to not care for you.
Thats the thing, it who meets you at the booth, some agents seem more cool than others--like back guys--sorry but its true I found
I was born in the USA and sometimes find it takes longer and more talking to get let back in the the USA, than to get in to Canada.
Good luck and if they start asking questions, try to answer them nice--it can get to you thou but try to stay cool headed.
As for having trouble getting back in being american, I can relate to that. I was crossing over at Windsor/detroit once with some commercial goods and had to go to secondary inspection. The guy next to me was hollaring about how long it was taking and was continually being told to shut the hell up. When he finally got to the inspector we got to the root of the problem: he didn't have ANY ID, no Dr Licence, nothing. So the inspector said "he might not be allowed back in until he can prove who he was, then the guy yells out "BUT I'M AN AMERICAN" The inspector says: SO WHAT? SO AM I....does that mean you get special treatment? lol....
tboy said:
US Immigration Agents have access to the files that include arrests, and convictions; but they need to "ask" the computer specifically. That takes time. But if they press the button there it is all spread out in front of them.
Then the agent has to decide you should be allowed in or not. He also has to decide if your US Immigration file should be red flagged. If the agent taps the button every time you go through they run a police check and that agent has to decide if you should be allowed in or not.
Keep in mind that this applies to ANY entry. So for example if you fly down to San Diego, then hop the shuttle bus down to Tijuana Mexico and the try to get back to San Diego to fly home, and the custom guy gets curious and is the first to pull your file..... and he decides to have a fettle fun.... you are stuck in Mexico. It apparently happens a few times a year according to a limo driver in San Diego. He asked us if anyone had a criminal record and refused to take one of our group over.
By the way there are a few red “list”. The worst is the “NO FLY” list.
By the way a few tips:
1) Leisure travellers typically get checked out more carefully than work ones.
2) US crimes are more annoying to them than Canadian ones. Had one guy at work charged and convicted (fined) as a “John” in NY. Next time he tried to go down on business he was denied entry. Huge stink at work.
3) If you are travelling with others make certain all your stories match. Bad new if you say one thing and others in your group say something else.
4) Be nice to the agents. Sloane got away with trying to carry a prohibited weapon onto a plane by being nice and innocent looking. Well not really “got away” they refused to let her keep it.
5) US agents are pussycats compared to some countries.
Thanks for all your input its a very touchy situation and as they said and I guess are quite right,"its a privalage not a right to visit the US" interesting what you said Lordloki,if I were caught hobbying and charged there as a "john"they may not let me in again...wow lots of explaining to my S/O
It's called moral tupitude.
http://en.wikipedia.org/wiki/Moral_turpitude
She's covered under "Evil Intent: Crimes Against Property." Chances are she either lied or was being a dick and pissed off the customs officer.
The following is what I've been told and researched online. If you're going to follow any of my advice, ask a lawyer first!!!
If you are convicted of a criminal offense, you should do the time and then get a pardon 3-5 years after all your punishment has been completed. The pardon seals your record and makes it inaccessible by American customs. I'm not sure if they can see that you were on the system; they may be able to but just can't access specifics. If you go to the States before you get a pardon, and they check the system, they will download that info into their system and it will remain with them forever; they do not remove it when you get a pardon in Canada. The Americans generally don't care if you've got a pardon or not, other than to show you haven't gotten into trouble since (but you did get into trouble).
If a customs officer asks you if you've ever been arrested/convicted, you have to say yes. You can also tell them if you've been pardoned but by then they'll already be asking you more questions. If you lie and say no, and they find out, you're fucked. They'll red flag you in the system, deny you entry, and prohibit you from even trying to get back in anytime soon.
If you have a criminal conviction you should speak to an immigration lawyer and consider applying for a waiver before trying to enter. The waiver takes 6-12 months to get and lasts a couple years. They do a background check on you and you have to provide all the details of the conviction. All that info will go onto their system. So you're better off waiting until you've gotten a pardon so that info won't be readily available to them electronically.
http://en.wikipedia.org/wiki/Moral_turpitude
She's covered under "Evil Intent: Crimes Against Property." Chances are she either lied or was being a dick and pissed off the customs officer.
The following is what I've been told and researched online. If you're going to follow any of my advice, ask a lawyer first!!!
If you are convicted of a criminal offense, you should do the time and then get a pardon 3-5 years after all your punishment has been completed. The pardon seals your record and makes it inaccessible by American customs. I'm not sure if they can see that you were on the system; they may be able to but just can't access specifics. If you go to the States before you get a pardon, and they check the system, they will download that info into their system and it will remain with them forever; they do not remove it when you get a pardon in Canada. The Americans generally don't care if you've got a pardon or not, other than to show you haven't gotten into trouble since (but you did get into trouble).
If a customs officer asks you if you've ever been arrested/convicted, you have to say yes. You can also tell them if you've been pardoned but by then they'll already be asking you more questions. If you lie and say no, and they find out, you're fucked. They'll red flag you in the system, deny you entry, and prohibit you from even trying to get back in anytime soon.
If you have a criminal conviction you should speak to an immigration lawyer and consider applying for a waiver before trying to enter. The waiver takes 6-12 months to get and lasts a couple years. They do a background check on you and you have to provide all the details of the conviction. All that info will go onto their system. So you're better off waiting until you've gotten a pardon so that info won't be readily available to them electronically.
Once you get convicted of narcotics possession, which is the category that cannabis is under in Canadian Law, although it is not even a narcotic, you will have a criminal record and may have difficulty entering the United States. Since 9/11, it is increasingly difficult to enter the United States with a criminal record. After several years, you can ask to have your criminal record exponged from the CPIC data base, which has contains all Canadian criminal convictions, which the United States Justice department has access to. If you have not been charged and not convicted, then you are awaiting disposition, you may be ordered to surrender your passport and not leave the country. If you did enter the United States while waiting dispostion, upon enter Canada you could be arrested.Derek t said:
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Several years after you've completed you're sentence and remained trouble-free, you can apply for a pardon. That seals your record. It's never expunged from the CPIC database. It's just not accessible. Should you ever commit another offense, it all comes back.lomotil said:
Please be wary of getting legal advice on this board. Bear in mind that the US does not allow entry to those with a criminal conviction for drugs - and that includes "conditional discharges". The US only gives a pass to those who received an absolute discharge .Portia Love said:
[If you get a conditional discharge - wait for 3 years after your term of proababtion is completed before going to the US ... and the conviction will come off your Canadian record automatically. No need to get a pardon.]
And if your friend has been charged - make sure they tell the truth when crossing the border. If he gets caught lying about no charges - then banned for a very, very long time (if not forever).
One does not need to apply for a pardon if they receive absolute or conditional discharges. They come off CPIC system automatically. An absolute discharge comes off system after one year. A conditional discharge comes off system 3 years after term of proabtion has been completed.
Syn
