Important information about US Entry Waivers
According to new US laws anyone who has a criminal record and is not a US citizen risks being denied entry to the US. The only way to ensure access and to avoid any hassle is to receive permission from the United States Department of Homeland Security by obtaining a legal document that is called an ‘US Entry Waiver’.
If you are planning to enter the United States and you have a criminal record, you should apply for a US entry waiver to avoid disappointment. Waivers are granted on a 1 to 5 year basis.
If you have received a pardon in Canada this does not mean that you have been pardoned in the US. The department of Homeland Security has access to all Canadian wide police information regarding criminal records. For guaranteed entry in the US you must apply for an entry waiver and receive permission from the Department of Homeland Security.
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Office open Jan 2, 2010
Am I Eligble for a Criminal Pardon? Find Out Now!
Not everyone is currently eligible for a criminal pardon. Every case has different conditions and waiting periods. Find out if you qualify using our easy to use Eligibility Calculator.
How long does it take to get a Pardon?
The entire process from start to finish can take anywhere from 6 to 18 months. This time frame will vary depending on the type of service you choose, the type of offense (summary or indictable), compilation and submission of your documents to the appropriate authorities, and the processing of your files by the National Parole Board of Canada.
What is the difference between a ‘File Destruction’ and a ‘Purge’?
If you have been arrested in the past and had your fingerprints taken, you have a criminal record file. This file consists of your photograph and fingerprints, and other pertinent information relating to your charges. Even if you went to court and the charges against you were dropped, there is still a police record under your name. To have this information removed you will need to apply for a ‘File Destruction’.
The ‘Purge’ process is for individuals who were given an absolute discharge or a conditional discharge before July 24, 1992. If you went to court and were given an absolute discharge or a conditional discharge before July 24, 1992, then you must apply for a ‘Purge’ to have this removed from your record. If you received a discharge after July 24, 1992 then it will be automatically removed.
If you have more questions please feel free to CONTACT US
What is a Criminal Pardon? Do I need One?
Do I really need a US Entry Waiver?
According to new US laws anyone who has a criminal record and is not a US citizen risks being denied entry to the US. The only way to ensure access and to avoid any hassle is to receive permission from the United States Department of Homeland Security by obtaining a legal document that is called an ‘US Entry Waiver’.
If you are planning to enter the United States and you have a criminal record, you should apply for a US entry waiver to avoid disappointment. Waivers are granted on a 1 to 5 year basis.
If you have received a pardon in Canada this does not mean that you have been pardoned in the US. The department of Homeland Security has access to all Canadian wide police information regarding criminal records. For guaranteed entry in the US you must apply for an entry waiver and receive permission from the Department of Homeland Security.
The fee for a US Entry Waiver is $399. There is also a fee of 545 USD to the Department of Homeland Security.
For more information please visit our homepage. To apply please fill out our online application.
Do I really need a Pardon?
What are some benefits of a Pardon? Do I really need a Pardon?
A pardon will remove and seal your information in CPIC. CPIC is the primary method for anyone seeking to obtain information about your criminal record. Once you have obtained a pardon, anyone searching CPIC will not be aware of your criminal conviction(s).
A pardon will allow you to apply for employment without disclosing information about your criminal record. The Canadian Human Rights Act clearly prohibits an employer from rejecting you as an applicant if you have received a pardon. The Criminal Records Act prohibits employers to question applicants about pardoned conviction. Whether you are applying to a Crown corporation, the Military, or any other business, you are protected from disclosing your pardoned conviction and are protected from discrimination.
Aside from negatively impacting employment prospects, if you do not get a criminal pardon it will also have detrimental effects on your ability to:
- get bonded;
- obtain custody of your children;
- rent an apartment;
- travel to foreign countries;
- your education;
- your immigration status; and
- volunteer.
Lastly, a criminal pardon removes the stigma associated with your criminal past and will give you the peace of mind to stop worrying about your record. This will essentially give you a second chance and the opportunity to move on with your life.
For more information please visit our homepage. To apply please fill out our online application.
Am I Eligible for a Pardon?
The National Parole Board of Canada requires individuals to have fulfilled certain conditions before submission of an application. The first condition is that an individual has completed their sentence(s), and the second condition is that the appropriate waiting period has been observed after completion of the sentence(s).
Requirement 1- Sentence completion:
* Fines, costs, restitution and compensation orders, and surcharges have been paid;
* The individual has served their time as outlined in their sentence; and
* The individual has completed the probation order successfully.
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Requirement 2- Waiting period after sentence completion:
Canadian Criminal Code and other federal statutes:
* Summary convictions require a 3 year waiting period
* Indictable convictions require a 5 year waiting period
Since the process takes time you can start your application 6-12 months early but you will not be able to submit it until the waiting period is up.
Criminal Pardon Report
The successful rehabilitation and reintegration of an offender back into society is one of the most important aspects considered during a sentence. After an offender has served his or her sentence the need to focus on rehabilitation and reintegration because of a greater concern for all those involved with the offender directly and indirectly. Academics, criminal justice practitioners, and the government of Canada have long recognized that various issues ranging from family support, substance abuse interventions, education upgrading, and social skills training are some of the important areas that need to be addressed to increase the likelihood of successful rehabilitation and reintegration (Curt, Yvon, & Murdoch, 2007). If we are to consider an ex-offender that succeeds in all of the aforementioned areas and is ready to pursue a crime free life, what would be the next step for such a person?
The suggested focus for such an individual would inevitably lead one to look at employment. As offenders complete sentences and are ready to move on with their lives, employment only seems as the next logical step for an offender. Various researchers and reports (e.g. Giguere & Dundes, 2002; and National Crime Prevention Centre, 2007; Kurlychek, Brame, & Bushway, 2007; and Ruddell & Winfree, 2006) have stated that employment not only helps those ex-offenders lead crime-free lives, but also assists with successful reintegration back into the community. However; an inevitable barrier for many offenders seeking employment is that of a criminal record. The significance of understanding the impact of criminal records, in criminological research and correctional policy, becomes apparent when one considers the goals and objectives that are often associated with assisting offenders; such as leading productive, crime-free, and meaningful lives.
A criminal record can limit employment opportunities for offenders where employers are conducting background checks and screening out applicants that have been in conflict with the law. Research into the debilitating and stigmatizing effects of a criminal record conducted by Holzer as cited by Kurlychek et al. (2007) has found that a person with a criminal record faces more challenges in terms of employment, and was less likely to find employment than all other disadvantaged groups, including minorities, persons on welfare, and even illegal immigrants. Prospective employers it seems are reluctant to hire an ex-offender possibly due to a perception that ex-offenders pose a danger to their business and that an ex-offender is more likely to commit crimes in the future (Powell & Winsa, 2008).
This way of thinking on part of the employers is not out of line with general public perceptions of offenders. Studies conducted by Roberts & White as cited by Roberts (1996) have shown that the public over estimates the percentage of offenders who are reconvicted of an offence. Additionally, research by Kurlychek et al. (2007) has shown that if a person remains crime free for a period of seven years or more, their risk of reoffending is similar to that of someone with no prior criminal record.
As of 2001, it was reported that over 3 million of the total population of Canada had a criminal record (Correctional Services of Canada, 2001). This would equate to approximately ten percent of the total population, or looked at another way- one in every ten people having a criminal record of some sorts.
In Canada, offenders are given the opportunity to seal their criminal records from the public domain as long as they are not reconvicted of a subsequent crime after having served their initial sentence. After sealing of the offender’s record the police, private and public institutions are unable to access a persons’ criminal past and are not given any evidence of a criminal record existing (John Howard Society of Alberta, 2000). The process for applying to have a criminal record sealed differs for those convicted of indictable offenses and summary offenses. Generally, for a summary offence an offender must wait three years and for an indictable offense the offender must wait five years after having served all sentence requirements (e.g. imprisonment, probation, fines and etc.) to be eligible to apply for a pardon (Government of Canada National Parole Board, 2008). After satisfying this condition the offender may submit an application for a pardon to the National Parole Board of Canada and then wait for approval. This process of submitting an application, and then receiving confirmation of approval for a pardon, can last between 12 to 18 months (Government of Canada National Parole Board, 2008). The earliest then, that an offender can have their record sealed after fulfilling their sentence requirements can range anywhere between four to seven years.