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Entry to Canada with dui expunged Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by Rhenry, Mar 8, 2015.

  1. Rhenry

    Rhenry Law Topic Starter New Member

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    My husband got a dui in Pennsylvania in 2008. He lost his license for 30 days and then had the dui expunged after ARD. When we have his criminal record checked in pa, nothing shows up.

    I planned a trip to Canada for his bday not knowing how strict they are with dui and border entry. I am terrified we will get there and be turned away.

    Will and expunged dui show up if they run a background check?
    If they ask him if he has been convicted of a crime does he have to answer yes?
    Is there anything I can do to get around this or should I just cancel my trip?
     
  2. army judge

    army judge Super Moderator

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    Any conviction that has been expunged hasn't been removed (completely).

    An expungement seals a criminal conviction by judicial order, while a pardon applies the executive's power of a state (or the entire USA in the case of the president) and forgives the convicted person FULLY for the offense.

    An expungement merely attempts to conceal the conviction, but the record can still be obtained by some.
    It can work.
    It can fail.
    If you're concerned about being denied entry, don't venture forth to the north.
    Only the Canadian authorities can say what they will do.

    As far as an expunction, it isn't the same as a pardon.
    Only a pardon, (they are VERY rare) can wash away the STAIN of a criminal conviction.
    A pardon fully restores a convicted person's rights, such as the right to own a firearm, to vote in some states, etc...

    But, you wish to venture forth into another nation.

    As risky as an expungement might be, it means nothing in other nations, MAYBE!

    Here, read this:

    http://www.oklahomalegalgroup.com/news/what-is-the-difference-between-expungement-and-pardon

    http://www.cowanlawfirm.com/articles/the-difference-between-pardons-and-expungement/

    http://www.legalflip.com/Article.aspx?id=57&pageid=302

    https://www.expungecenter.com/pardon-vs-expungement/



    Here, this is their website.
    Contact them and inquire, or stay in the USA, or try a nation in the Caribbean:

    http://www.cbsa-asfc.gc.ca/menu-eng.html
     
    Last edited: Mar 8, 2015
  3. disagreeable

    disagreeable Well-Known Member

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    Canada is very strict regarding the admission of foreigners with past criminal histories.
     
  4. army judge

    army judge Super Moderator

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    That's quite a novel concept, isn't it, disagreeable? Some other nations could benefit from being such diligent border protectors. LOL
     
  5. disagreeable

    disagreeable Well-Known Member

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    Some members say I am prejudiced because I do not believe in destroying our country for the benefit of the Bilderberg Group and their use of foreign pawns to invade our country and create a larger fee base for them to profit on.

     
  6. army judge

    army judge Super Moderator

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    People say many things. Frankly, I don't care what others think of me. The more they hate and revile me, the farther away from me they'll stay. Thank goodness. LOL
     
  7. Rhenry

    Rhenry Law Topic Starter New Member

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    I had a state officer run my husband's background through NCIC and nothing showed up. I understand this is the same system the border officials use. We also have the expungement order from the court to take along. I hope it will be enough if we happen to be stopped. I know it is a risk, but there is nothing concrete to tell us yes or no. It seems to be a very gray area based on the feeling of the officer you encounter.
     

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