If you have a criminal record in the United States and are planning to travel to Canada, you may be concerned about what the Canada Border Services Agency (CBSA) can see when you arrive at the border.
Canada and the United States share law enforcement information, and CBSA officers may have access to U.S. criminal record information when determining whether a traveler is admissible to Canada. This can include information concerning arrests, convictions, outstanding warrants, and other law enforcement records. However, this does not mean that a CBSA officer automatically sees a complete copy of your U.S. criminal history every time your passport is scanned.
What Can CBSA See at the Canadian Border?
A useful way to understand the difference is to compare what CBSA may see at the border with an FBI Identity History Summary, commonly referred to as an FBI background check. An FBI background check is based on fingerprints and provides criminal history information reported to the FBI by federal, state, and local law enforcement agencies. It can contain arrests, charges, and dispositions from different jurisdictions throughout the United States.
CBSA does not necessarily receive or review a complete FBI Identity History Summary simply because you present your passport at the Canadian border. Instead, CBSA has access to law enforcement and immigration information that can alert an officer to criminal history or provide information that leads to additional questioning.
CBSA Records and an FBI Background Check May Be Different
This distinction is important. The information available to CBSA at the border may not be identical to the information contained in an FBI background check. A particular arrest or conviction may appear in one system differently than it appears in another, and records can be incomplete or lack the final disposition of a case.
If CBSA identifies criminal history, the officer may ask for additional information about the offense and its final disposition. The information available through a database search may tell the officer that an arrest or charge occurred without providing everything necessary to determine exactly how the case was resolved.
Previous Canadian Immigration Applications May Matter
CBSA may also have information from your previous interactions with Canadian immigration authorities. If you previously disclosed a criminal record in a Canadian visa, Temporary Resident Permit, Criminal Rehabilitation, or other immigration application, that information may be contained in Canada’s immigration records and available to an officer reviewing your admissibility.
Similarly, if you were previously questioned at the border about your criminal history, refused entry, or found inadmissible, information about that encounter may remain in Canadian immigration and enforcement systems.
What if I Have Entered Canada Before Without a Problem?
A person should not assume that Canada cannot see a U.S. criminal record simply because they have previously crossed the border without being questioned. The information available to CBSA can vary, and a criminal record that did not cause an issue during one trip may be identified during a later inspection.
A prior successful entry does not mean the record is unavailable to Canadian authorities and does not guarantee that it will not be identified during a future trip.
What About Sealed or Expunged Criminal Records?
It is also important not to assume that an old, sealed, or expunged U.S. record is necessarily invisible to CBSA. Criminal record information may remain in law enforcement databases even when the treatment of the record has changed under state law.
For this reason, travelers should not assume that a record will be unavailable to Canadian authorities solely because it is old, sealed, or expunged.
What Happens if CBSA Identifies a Criminal Record?
CBSA may have enough information to identify that a criminal record exists even if the officer does not have a complete criminal history in front of them. Once a record is identified, it can lead to additional questioning and further investigation into whether the traveler is admissible to Canada.
For this reason, travelers with a U.S. criminal history should understand that what CBSA can see at the border and what appears on an FBI background check are not necessarily the same thing.
Should I Assume CBSA Can See My Criminal Record?
The safest assumption for anyone traveling to Canada with a U.S. criminal history is that CBSA may be able to see it. Travelers with a U.S. criminal record should therefore assume that the information may be available to CBSA and prepare accordingly before traveling to Canada.
Depending on the nature and age of the criminal history, that may mean determining whether you are already admissible, applying for Criminal Rehabilitation, or obtaining a Temporary Resident Permit (TRP) before travel when one of those options is available.
Prepare Before Traveling to Canada
Addressing a potential inadmissibility issue in advance is far better than arriving at the Canadian border and hoping that your criminal record does not appear. If you have a U.S. criminal history and plan to travel to Canada, understanding what may be available to CBSA and whether your criminal record affects your admissibility can help you determine the appropriate steps to take before traveling.
Schedule a Consultation with an Immigration Lawyer
Sources
- Government of Canada – Find out if you’re inadmissible
- Government of Canada – Temporary resident permits
We Can Help!
If you have questions about entry to Canada, especially with a prior DUI or other criminal record, we invite you to contact Richards and Jurusik for trusted guidance and assistance. When dealing with cross-border immigration issues, it is highly recommended to work with an immigration attorney who is licensed to practice law in both the United States and Canada. This dual licensure ensures that your legal counsel understands the legal implications of your situation on both sides of the border and can properly represent your interests. At Richards and Jurusik, we have attorneys licensed in both the U.S. and Canada, giving our clients a significant advantage when addressing complex entry to Canada, inadmissibility, and immigration matters – including cases involving DUI convictions. Our team has decades of experience helping individuals work, live, and travel across North America. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
CHRISTINE JURUSIK is a Partner at Richards and Jurusik and Focuses her practice solely on U.S. Immigration law, with a specialized focus on advising families and individuals on the family-based immigration process and on obtaining U.S. Citizenship. She also handles Canadian Rehabilitation and DUI inadmissibility matters for U.S. Citizens seeking to overcome inadmissibility to Canada. (Full Bio)
