Frequently Asked Questions

With any criminal record, it is risky to attempt to enter the US without an Entry Waiver. If you are stopped by border services, you will be detained, photographed, fingerprinted, and likely denied entry. Your record will also be shared with the FBI (Federal Bureau of Investigation) and Homeland Security.

A US Entry Waiver is a required document for individuals with a criminal record that has not been pardoned or had their arrest record destroyed, or for individuals who have been denied access to the United States. This applies to all individuals who plan to travel to the United States for work or leisure. The Waiver ensures that the individual is able to legally enter without being denied or detained.

To qualify for a pardon, you must have served your sentence in full, paid any associated fines, and avoid re-offending for a certain period of time. Several other factors also influence qualification. Call us for a free consultation to find out if you qualify.

A pardon may be revoked by the Parole Board of Canada if the individual to whom the pardon was issued re-offends and is convicted again. A pardon can be obtained again after the sentence for that crime is served and the individual avoids re-offending, however, they may face stricter criteria.

The Parole Board of Canada is the organization that has the authority to grant, refuse, or revoke a pardon/record suspension.

A record destruction, also known as an expungement, is available to individuals who were charged with a crime but were not convicted. A record destruction ensures that fingerprints, photographs, and court and police records associated with the arrest are destroyed.

A record suspension, also known as a pardon, ensures that an individual’s record of criminal convictions is sealed and will not appear in background or criminal record checks. Canadians with a criminal record may qualify for a record suspension if they have completed their sentence, paid all fines associated with their conviction, and refrained from re-offending for a specified amount of time (amongst other requirements).

While criminal records are not accessible to the general public, your criminal record is visible to police officers, border security officers, judges, and other officials. Your record is also accessible through a background check which is requested in many scenarios including employment, mortgage or leasing applications, citizenship applications, custody of your children, traveling and educational opportunities.

A record of your charges remains public even after your sentence is served and fines are paid. This record will remain on your criminal record and will appear if a background check is completed. This applies regardless of how much time has passed since you were convicted of an offence.

The record of your arrest or charge will not be destroyed simply because you were not convicted. If they are not destroyed, they remain on your criminal record and will appear if a background check is completed.

If you have ever been charged with a crime, you have a criminal record. This is the case regardless of if you were convicted or not. Additionally, if you were fingerprinted because of this charge, your fingerprints are linked to your name and date of birth with a unique number that remains on your record unless you apply to have your arrest record destroyed.

A criminal record is a file containing a list of your criminal offences or convictions, both minor and serious. The record is kept by the Royal Canadian Mounted Police (RCMP).