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There was a time when crossing from Canada to the United States was as simple as driving through a checkpoint. That is no longer the case. Today, with few exceptions, a criminal record of any kind in Canada can legally prevent you from entering the United States.
If you have a criminal record in Canada, you generally need to apply for a U.S. Entry Waiver in order to cross the border with confidence.
United States border officers can access the Canadian Police Information Centre (CPIC) database. When you attempt to cross, they need only enter your name and date of birth to pull up your Canadian criminal record. Depending on the offence, that record can render you inadmissible under U.S. immigration law.
If you attempt to enter the United States with a record, refusal of entry is not the only risk. Border officers have the authority to seize property, up to and including your vehicle. Your passengers matter too — the rules on inadmissibility and asset forfeiture apply if anyone in the vehicle has a record.
The single most important point on this page: the United States does not recognise Canadian pardons. A record suspension does not, on its own, guarantee you entry. Even with a pardoned record, a U.S. Entry Waiver is what establishes your admissibility.
The U.S. does not bar entry for every offence — only for those that fall into defined categories of inadmissibility, such as crimes involving moral turpitude or controlled substances. Impaired driving, for example, has historically been treated as an admissible offence.
In practice it is not that simple. U.S. border officers have wide discretion and may refuse entry to a person with a record even where the offence is not automatically disqualifying.
The United States treats drug convictions especially seriously. If you have ever been charged with or convicted of a drug-related offence, you should expect to need a waiver. Even without a charge or conviction, admitting past drug use to a border officer can itself be grounds for refusal.
Obtaining a U.S. Entry Waiver is the reliable route to entering the United States if you now have, or have ever had, a criminal record. You may have been told a pardon will get you across. It will not, by itself — a search can still reveal your history to the officer at the booth.
Fill out the form below and one of our specialists will review your situation.
Expect 3–10 months to gather the necessary forms and supporting documents, then a further 5–12 months for the Department of Homeland Security to review the application and issue a decision. Begin well before you plan to travel.
Waivers take months to process. The earlier you start, the better your options.