QUESTION
How can I travel with an arrest record?
Asked on Aug 26th, 2011 on Criminal Law - California
More details to this question:
What type of attorney do I need to address clearing an arrest record to enable travel to Canada? My stepson had a DUI in 2009. what can I do to insure we can travel through customs and visit his grandmother?
16 ANSWERS
Michael J. Breczinski
This is up to Canadian law check with the Canadian consulate to find out. It is their country and THEY decide who can enter.
Answered on Aug 30th, 2011 at 8:52 AM
Steven D. Dunnings
You can't expunge a DUI. Are you sure that is the type of criminal charge that will prohibit entry into Canada? Did you check with the U.S. Department of State website to make certain?
Answered on Aug 29th, 2011 at 12:51 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
Your son needs to apply for either a pardon or a set aside. Most criminal lawyers will handle these procedures. Call someone in your city. You might even want to start with the attorney who represented him on his DUI (if you were impressed and thought he or she did a good job).
Answered on Aug 29th, 2011 at 12:46 PM
There is a special petition you can submit, which you can obtain from Canada immigration's website.
Answered on Aug 29th, 2011 at 12:43 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Canadian customs allows a US citizen entry after 5 years if deemed rehabilitated. Presumed rehabilitated after 10 years. If your son is a Canadian citizen then they will let him enter. Canadian customs has a good website.
Answered on Aug 29th, 2011 at 12:30 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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There is a special form you need to get from the Canadian authorities. You can go on line also.
Answered on Aug 29th, 2011 at 12:24 PM
You should check with customs regarding whether a misdemeanor record would prevent travel.
Answered on Aug 29th, 2011 at 12:09 PM
Roianne Houlton Conner
Unfortunately, Alabama does not have an expungement statute to have an arrest removed.
Answered on Aug 29th, 2011 at 11:38 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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It really shouldn't be a problem as long as he has a valid passport.
Answered on Aug 29th, 2011 at 10:56 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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One thing I can suggest is to contact someone prior to the trip. If you explain the nature of the trip, time of travel/stay, and the record, it may clear the way to travel. A DUI conviction is not one which can be expunged. Therefore, Michigan has no mechanism to remove this from a criminal record. I hope that this was helpful.
Answered on Aug 29th, 2011 at 10:24 AM
Most DUIs are misdemeanors and can be expunged three years after completion of all sentence conditions. I know Canada will refuse entry, or at least they used to, to anyone with a criminal record, including misdemeanors. I'm not sure how they would view a DUI even though it is a misdemeanor. Perhaps you could check with the Canadian Consulate.
Answered on Aug 29th, 2011 at 5:15 AM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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I don't think a DWI will prevent him from going to Canada.
Answered on Aug 28th, 2011 at 7:25 AM
You can't. DUI is considered a felony in Canada, so anyone who has it cannot enter the country. What you can try to do is expunge the DUI, and hope that the Canadian customs don't catch the DUI through DMV records. Contact an attorney about the expungement.
Answered on Aug 28th, 2011 at 7:12 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I don't think that you'll have an issue. Use an enhanced driver's license.
Answered on Aug 28th, 2011 at 7:12 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You will have to apply and be found to be "rehabilitated". A DWI/DUI Prevents Entry to Canada. Many countries classify certain crimes as a reason to refuse (or limit) entry into their country. The Canadian Government has determined certain individuals are not allowed to enter Canada or to remain inside the Canadian borders if they have committed certain crimes including a DWI or DUI offense.
Answered on Aug 28th, 2011 at 6:37 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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A DUI should not prevent travel to Canada. Usually the kind of crimes that will affect your passport are drug sales or crimes of violence. And at that, I don't know that they'll run your rap sheet when you show up at the border.
Answered on Aug 28th, 2011 at 6:36 AM