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Canadian Pardons & USA Travel Waivers

A Canadian Pardon and/or USA Travel Waiver is an application made to the Government. A Canadian Pardon is granted by the Government of Canada (National Parole Board) while a USA Entry Waiver is granted by the American Government (Department of Homeland Security).

Canadian Pardons

Upon being pardoned, your criminal record will be removed from the Canadian Police Information Centre (CPIC) to which a criminal record search will reveal “no record”.  At this point your record becomes sealed, but is not erased, purged or expunged.  In some cases old records for which a person has been pardoned may be purged.  A search will not disclose the fact that you have been granted a Criminal Record Pardon.  If you have been pardoned for a sex offence, the local police have the right to refuse to give you a security clearance for purposes of employment involving children and the like.  Sex offenders will not receive the full benefits of a Pardon.

There are various reasons to apply for a Canadian Pardon:

Limitations of a Canadian Pardon

Some of the limitations of a Canadian Pardon are that:

• A Pardon does not erase the fact that you were convicted of an offence;
• A Pardon may not be recognized by a foreign country and you may not be granteds entry privileges; and
• A Pardon does not return driving privileges or the ability to possess a firearm (if prohibited).

When applying for a Canadian Pardon you must not have outstanding charges; You must apply for Pardons for all outstanding offences and you must be eligible to apply and that includes making sure your sentence was fully satisfied and the appropriate time limit has been met.  Please note that your Canadian Pardon can be denied to which you will have to wait for one year to try again.

To process a Canadian Pardon it can take 8 months to 2 years. This is all dependant on the severity of the offence, as well as the increasing number of Canadian Pardon applications being submitted and limited government resources.

USA Waivers

Applications are available online: http://www.nationalpardon.org/NPC_faqs_usentry.html

According to the National Parole Board, a Canadian Pardon is not recognized outside Canada, they state: "Many foreign countries, including the United States (U.S.), do not recognize a Canadian Pardon.  If you have a criminal record and are interested in going to the U.S., you may want to apply for an American Immigration and Naturalization Service Waiver (American INS Waiver)."

At this time only 1-year to 5-year Waivers are issued. There are no longer Permanent Waivers being issued.  The processing time for a Waiver varies from 3 months to as long as 2 or more years.  The Department of Homeland Security is backlogged so Do NOT wait until the last minute to apply for a Waiver.  Schedule your trip accordingly.

It is up to you to check the Consulate of the Country to which you are traveling to determine if your record will prevent you from entering.

Please Contact our office so we can collect the appropriate information needed to help us prepare your Travel Documents.  Do not delay!