Travel to the US after receiving record suspension

@KevinL

You are going to get different opinions on this.

Here is mine. I do not think you need a waiver, and I don't think you will be caught unless you say something wrong. Here is the "exception" to what I am saying
-if you have or had any firearms restrictions
-if you have any other "restrictions" that could still show when the record is sealed. (guns, driving etc)

I have had thousands of clients over the years get pardons, and I have yet to see any of them be "caught" unless there was an explanation like I gave above.
If there has been any changes to this, I have not seen any actual examples of it yet.

@KevinL, You are going to get different opinions on this from me also. I do agree with John, that if you have any type of prohibitions such as driving, weapons or firearms, this will show on CPIC and cause a flag for US Customs. A pardon or record suspension does not remove Prohibitions.

Also, the question that Customs usually asks "have you ever been fingerprinted for a criminal offense?" The answer is yes, regardless of a Pardon or not. They are not asking "Do you have a criminal record?" Now, how you answer the question is up to you. I have quite a few clients who have had pardons and have been denied entry. With that being said, many people get through with a Pardon. It depends on what you were Pardon for; if it was for Assault, Possession of a Weapon, DUI, you most likely will have no problems. If it was for something else, you might have to do a waiver. My suggestion, is to carry a copy of your Pardon with you when traveling to the USA and if you are stopped and questioned, you can show them a copy of your Pardon, they will advise at that time if you need a waiver or not. Good luck and keep us posted. Thanks! Michelle

@KevinL

Michelle and I approach this differently because Michelle has an actual background in dealing with CPIC. So we should all understand that her knowledge is absolutely first hand.

I can ONLY go by what happens with my clients AFTER they get a pardon.

If I had a flood of clients being caught at the border after a pardon, it would be bad for them, but obviously lucrative for me. That has never happened. So my advice is always "don't ever admit to having a pardon" and you probably will not need a waiver.

@KevinL, Yes, it can be confusing, but John has a great deal of experience and runs an excellent Service that has been in good standing for many years, so either advise will work for you. The offense that you received a Pardon for, is of no concern to the USA, and chances are very good that you would not be denied and told to apply for a waiver.

@Ken

I will report him to CBP director Frank Russo at CBP HQ in New York for this behaviour since it is also considered to be a conspiracy against the United States government.

Ken, your already a joke and now your going to go on record as a snitch? And your dramatic "conspiracy" talk is a little much.

People, as you can see, Ken knows very little about anything to do with pardons...he doesn't do them. He has ZERO experience with FPS #'s. Imagine how comical it will be when this guy in England calls Homeland Security to complain about a "conspiracy" he thinks is being cooked up.......ln an internet forum.

If you weren't sure Ken was a joke, I think we all have confirmation now.

@Ken, Thank you for your concern, however, I stand behind what I commented : per my previous statement: "You are going to get different opinions on this from me also. I do agree with John, that if you have any type of prohibitions such as driving, weapons or firearms, this will show on CPIC and cause a flag for US Customs. A pardon or record suspension does not remove Prohibitions."

Also, the question that Customs usually asks "have you ever been fingerprinted for a criminal offense?" The answer is yes, regardless of a Pardon or not. They are not asking "Do you have a criminal record?" Now, how you answer the question is up to you. I have quite a few clients who have had pardons and have been denied entry. With that being said, many people get through with a Pardon. It depends on what you were Pardon for; if it was for Assault, Possession of a Weapon, DUI, you most likely will have no problems. If it was for something else, you might have to do a waiver. My suggestion, is to carry a copy of your Pardon with you when traveling to the USA and if you are stopped and questioned, you can show them a copy of your Pardon, they will advise at that time if you need a waiver or not. Good luck and keep us posted. Thanks! Michelle

I would like to clarify in case any one thinks that I am advising to lie to US Customs. I have never suggested this to anyone ever.

It is important to understand that once you receive a Pardon in Canada, you technically do not have a Criminal Record, so answering the question "Do you have a criminal record?" and advising no, is not a lie, when you have a Pardon.

However, it is important to understand that you have a criminal history and if you are asked "Have you ever been fingerprinted for a criminal offense? You should answer yes, even if you have a Pardon. To advise no, is lying and yes, you may receive a ban from USA for lying, however, in most cases, you will get a stern lecture, possibility denied and told to apply for a waiver.

Again, you are responsible to understand and know what your history is. As I suggested, carry a copy of your pardon, criminal record, or court documents, if you are not sure.

I hope this clarifies my position on this matter.