Crossing the Border with a Criminal Record?

00:00:00:21 – 00:00:10:11
Speaker 1
Hi, everyone. Have you ever wondered if you’d have a problem crossing the border with a criminal record? Hi, I’m Christina Williams. With Just Criminal Law.

00:00:10:17 – 00:00:34:17
Speaker 2
And I am David Mann, legal storytelling specialist. So, Christina, I think the question that we’re looking at here is has to do with, you know, people traveling out of the country for different reasons and maybe not even knowing what could hold them up at the border. So I’m assuming that if you have any criminal activity on your border, that there’s going to be something that’s going to hold you up.

00:00:34:25 – 00:00:36:17
Speaker 2
Getting across the border. Is that true?

00:00:36:22 – 00:00:48:28
Speaker 1
Well, if you have an arrest warrant, most definitely, But for the most part, you’re only going to have to worry about crossing into Canada, actually. So the Canadian border is what you’re going to have to worry about.

00:00:49:07 – 00:01:07:19
Speaker 2
So if you have criminal activity and you’re in your background and want to go to, say, Europe or Japan or something like that. There’s I guess there’s degrees of criminal activity. But you’re saying Canada is. Canada is particularly hard on people with with criminal backgrounds. What do you mean by that?

00:01:08:06 – 00:01:31:28
Speaker 1
Well, more specifically, they do not like to let people in who have a record for DUI. And they deem DUI as a serious criminal offense right up there with a felony. So if you have a felony or you have a DUI, you’re going to need to take some steps before you try to go to Canada.

00:01:32:06 – 00:01:55:29
Speaker 2
Wow. I bet a lot of people didn’t know that. So that means that what could potentially happen if you don’t know that? You know, because a lot of times people don’t really think of a DUI as being criminal activity. You know, even though technically it qualifies that way, you might end up deciding to fly to Canada, get your plane ticket, you know, go to the airport, get on the plane, fly to Canada.

00:01:56:19 – 00:02:08:04
Speaker 2
And then when you’re trying to go through customs in Canada, this is going to suddenly come up that, hey, you’re not going to be able to come into Canada because you’ve got a DUI on your record. Is that how it works?

00:02:08:28 – 00:02:36:29
Speaker 1
Yes, that’s how it works. And I actually spoke with a Canadian attorney who handles a lot of these type of cases, and she says the discretion is all in the border agent. So if for some reason the border agent likes you, you might be okay. But if the border agent, you know, you rub on the wrong way and you have a DUI, they’re going to deny you entry into Canada.

00:02:37:06 – 00:02:40:10
Speaker 1
It’s crazy. But yes, the border agent has all the power.

00:02:40:18 – 00:02:53:15
Speaker 2
So that means if that were to happen and you didn’t ever you know, if you hadn’t watched this video and didn’t know this, that means you might actually have to turn around and get a flight back home. Is that what would happen then?

00:02:54:03 – 00:03:19:02
Speaker 1
Yes. If you were trying to drive into Canada or take a ship or a cruise into Canada or fly into Canada, you could be forced to turn around and you’re you know, it’s kind of embarrassing if you’re there with friends, family or it’s work related. And so not a good situation. And definitely something that is avoidable.

00:03:19:10 – 00:03:34:15
Speaker 2
So if you rather than end up in that terrible situation, if you do have a DUI on your record, how would you if you know, a couple of months or some lead time to plan, what would you do to to make sure that that’s going to be okay getting into the country?

00:03:34:27 – 00:04:14:03
Speaker 1
Well, you need to consult with an attorney that handles these type of situations, specifically a Canadian attorney that knows the process. They can write you a letter that will explain to the border agent your conviction and they look and see if you’re criminally rehabilitated. They can also apply for a temporary residence permit for you and they can file it with the consulate or they can just give it to you so that you can hand it over to the border.

00:04:14:03 – 00:04:14:16
Speaker 1
Agent.

00:04:15:11 – 00:04:25:03
Speaker 2
Okay. So that as long as you can find a Canadian attorney, that that’ll do this and knows how to do this, then you’re fine with some advance time.

00:04:25:14 – 00:04:58:11
Speaker 1
Right. And and I spoke with a Canadian attorney, Rebecca, from F.W. Canada, and she said that even with this letter crossing all your T’s and dotting all of your eyes, it still is not 100% guaranteed like if you rubbed that border agent wrong. So it seems unfair and kind of risky. But you you can put forth your best effort and try to take that trip to Canada.

00:04:58:15 – 00:05:05:19
Speaker 2
So it sounds like the best approach would be to not have that DUI on your record in the first place.

00:05:06:00 – 00:05:06:27
Speaker 1
Absolutely.

00:05:07:09 – 00:05:21:20
Speaker 2
So if if if you find that you’re in trouble and and facing a DUI charge, possibly. But maybe, you know, it hasn’t been decided and officially on your record yet, you need an attorney, right?

00:05:22:14 – 00:05:28:24
Speaker 1
Absolutely. That’s the best thing, is try to fight having the conviction on your record at all.

00:05:29:14 – 00:05:32:21
Speaker 2
Okay. And I bet that they can do that with you, right?

00:05:33:22 – 00:05:54:09
Speaker 1
Absolutely. We will include a link in the description where they can call, text or chat with a member of my team any time, day or night, and will also include a link to the immigration law firm that can help them answer some of these questions. Here at Just Criminal Law, we know you only get one shot at Justice.

00:05:54:14 – 00:05:55:27
Speaker 1
So make yours count.