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?
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
