Travel to the US after receiving record suspension

KevinLposted 1 month ago

Hi, I received a record suspension a year ago and have not travelled to the US since my offence almost 10 years ago. Would I expect there to be any issues if I tried to cross the border now?

I heard that US officials at the border could still deny me entry since they could see a FPS number even though no convictions show up when they pull my file from CPIC. Are my fingerprints automatically removed when I received my record suspension or do I have to contact the arresting police department to do a file destruction?

Thanks!

[ KevinL appended this reply on June 14, 2021 @ 1:56 pm ]

I was confused by all the different information online around record suspensions, file destructions and FPS numbers but from reading and talking to more people it sounds like a FPS number cannot be destroyed if I got a record suspension/pardon. So, if US customs do choose to look closer into my file they will see that I have been fingerprinted in the past since I have a FPS number. Unfortunate, but at least I know what to expect now when crossing the border.

Replies (recent first):

@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.

Michelle replied 3 weeks ago   #10

@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.

J Rogers replied 3 weeks ago   #9

@ Kevin I just saw this thread. Technically, not all offences even require a waiver. Also, technically, a Canadian pardon is not recognized by CBP. Hence, you still may or may not need a waiver depending on your offence. Yes, the border may not even see the offence per se just yet. However, they will see info regarding the fact that you have applied for a pardon. They may use this info to go on a fishing trip and ask you if you have ever been arrested or convicted.

Now, you have a choice of saying yes or no. It is one thing if you say no, and they never ever see the conviction. In my opinion, I do not recommend that you do this at the border. If you say yes, then you may need a waiver. However, you will get charged with Misrepresentation if you say no and they discover that you have indeed been convicted. Do not take my word for it. Someone can call the border to verify this info without using your name. CBP will verify that what I have said is correct since this is technically a violation under the 6c category.

So, it will boil down to how you decide to make a presentation when you enter the USA. Misrepresentation/false statements are also a violation under 18 U.S.C. 1001(a)(1) and 1001(a)(2). We have a case like this now and the guy got 2 years in USA federal prison for this behaviour.

I have the upmost respect for Michell. However, Michelle, please do not put this in writing on a public forum though since this could be labeled a conspiracy against the USA govt. The definition of conspiracy is when 2 or more people essentially discuss/plot engagement in a criminal offence. Just discussing/plotting it is a conspiracy under criminal law. However, John is stupid enough to tell you on a public forum to make a blatant false statement to a federal officer. 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.

This is the very reason why I warn people about the Ontario Discount Waiver Companies.

https://www.law.cornell.edu/uscode/text/18/1001

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
www.usentrywaiverservices.com
888 908-3841
604 332-9213

K SCOTT replied 4 weeks ago   #8

Was able to cross the border just fine. Was not asked anything by officials. Thanks @J Rogers and @Michelle!

KevinL replied 1 month ago   #7

@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.

MIchelle replied 1 month ago   #6

@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.

J Rogers replied 1 month ago   #5

I was confused by all the different information online around record suspensions, file destructions and FPS numbers but from reading and talking to more people it sounds like a FPS number cannot be destroyed if I got a record suspension/pardon. So, if US customs do choose to look closer into my file they will see that I have been fingerprinted in the past since I have a FPS number. Unfortunate, but at least I know what to expect now when crossing the border.

KevinL replied 1 month ago   #4

Thanks so much for the responses John and Michelle!

I have no prohibitions, it was a summary assault with weapon that I got a pardon for. From what I understand, it sounds like I should bring a copy of my pardon and just answer truthfully to any questions customs may ask. If I do get turned away, I'll need a waiver for the future.

Definitely a little anxious but I'll keep everyone posted when I do try crossing.

KevinL replied 1 month ago   #3

@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

MIchelle replied 1 month ago   #2

@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.

J Rogers replied 1 month ago   #1

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