I have a friend who was convicted of a Class I felony, and has recently completed his probation. He wants to drive up into Canada. Will he have problems getting into and out of Canada with only a birth certificate? (It's my understanding the birth certificate is good for land travel through the end of the year.) Thanks!

Clough

From the following site: Entering British Columbia - Canada Visitors Information - Canada Customs Information

Current regulations:

If you are a United States or Canadian born citizen a valid drivers license is not sufficient ID and an original or certified copy of a birth certificate is required. Government issued photo identification is strongly recommended as supporting documents. It is the traveler’s responsibility to establish his/her citizenship. If you are not a United States or Canadian born citizen you will be required to have a passport and possibly a Visa. Children and infants are required to provide identification of proof of citizenship for entry. If both parents are not traveling they must have written authorization from the other parent or proof of custody. Persons with a felony may be denied entrance into Canada. If you have been convicted of a crime in the United States it may be considered a felony in Canada. A Driving While Intoxicated conviction (D.W.I.) is considered a felony in Canada.

See http://www.amcits.com/enter_canada.asp for more info and Application for Rehabilitation for those with past criminal records wanting to enter Canada.

Customs and Immigration officials from both the United States and Canada are now required to inspect all vehicles, trains, buses and airlines for contraband and for immigration purposes. Visitors or returning Canadian Citizens are required to know what documentation they need ( receipts for all purchases of goods being transported) and there is a list of items that cannot be taken across the border (such as certain meats, all plants and all fruits). This list changes freqently.

Clough

The following is from the site: How to Travel to Canada With a Felony Charge - WikiHow

How to Travel to Canada With a Felony Charge

Traveling can be a stressful experience. The customs requirements, banned items that cannot be taken across borders and fine print you neglected to read before you boarded that plane or sat behind the wheel of your car for a road trip may cause delays and frustration when you finally reach your destination.

Couple this with traveling internationally or across borders with a felony conviction, and it could be a recipe for disaster. Canada has been known for especially strict entry requirements when it comes to persons with felony convictions. Get prepared in advance so your entry into the country can be as smooth as possible.

Steps

Know your conviction details. What was the charge or conviction? If you weren't convicted, there is still a strong possibility that an arrest or charge will still be on your record. Canada weighs a conviction in the United States and other foreign countries against their own legal statutes. A DUI in the United States is a rather common incident, but this mark on your record can easily bar you from entry into Canada. On the same note a misdemeanor in the United States may be considered a more serious offense there, so do not assume your "minor" conviction isn't enough to cause a problem.

Gather all information about your conviction. The date you were convicted, all sentencing stipulations, probation time allotted (if applicable) and community service served. If you don't already have this information, be prepared to locate it. You will need it later.

Do you research beforehand. Despite some internet information out there, a criminal conviction does not automatically bar you from entry; however, it can make it very difficult. Canada requires that all persons convicted apply for rehabilitation before entry. Rehabilitation considers that five years have passed since probation or parole sentences have finished or since an incident for which you were not charged (but may still be on your record).

Be prepared to pay.

In order to file for Rehabilitation certification, Canada can impose an application fee from $200 to over $1,000. The amount you will pay is tied into the seriousness of your conviction.

Fill out your application. This requires you to give basic information about yourself, explain your conviction, the events that led up to it as well as your statement on why you feel you are rehabilitated. (See the official application for further details.) Be honest. If you lie on your application, and conflicting information turns up, you may not ever be allowed entry.

Allow for enough time. Processing times for your application can be as long as a year. There are exceptions to this rule, but they are quite limited. Enough cannot be said about planning in advance of a trip to Canada.

Understand that each person and situation are unique. Do not be discouraged by your past and assume that you will not be able to gain entry. Do your homework, contact the Consulate and proceed from there.

Tips

Consider outside help to assist you with filling out your Rehabilitation application. A knowledgeable family member or friend can help, as well as a paid lawyer or member of the Consulate may also be of service.

Contact a Canadian embassy in the United States. If you feel you need more updated or personalized information about entry into Canada, there are people in place to help you.
If you were convicted of an offense as a juvenile, you will more than likely be allowed entry. Contact the Consulate to confirm.

Warnings

Do not take Canada's entry restrictions lightly. You may end up sleeping in an airport waiting for your return flight home.

Take caution with driving into Canada. It has been said that it is easier for a person with a felony conviction to pass through the border patrol on roads leading in, but know that you are taking a large risk. Nothing is worse than having to tell your friends or family that they have to come home because you tried to push your luck.

Disclaimer - Though this article was researched, laws and policies of countries can change without warning and may render the contents of this article out of date. It is best to check with the Canadian Consulate for the most current information or contact a lawyer to do the work for you.

askmeaskme

he will need a passport also.

Clough

This was addressed in the first answer as follows:

beenaroundtheblock

Hum I wouldnt go to Canada.

matwiz

Class I Felony according to your country, is considered a serious crime - punishable by 3.5 years imprisonment or fine of $10 000 USD.

He has more to worry about than "what to present as identification" to enter Canada. It is whether he will ever be allowed in.

A lot of people seem to have the misconception that paying your debt to society by "serving your time in jail" or "completing probation" will clear you up as you were before the crime. Sure you're physically free, but you are marked for life.

"Criminal Convictions" are records that are themselves a virtual life imprisonment. It will always show up on every computer on all local and national Police database in the US and Canada, including DNA, fingerprints and mugshots (shows in one of AFIS, CODIS, NCIC and CPIC, or all). It will never be the same after that. You will be stopped at the border no matter what you do. He is most likely to be turned back, together with everyone else in the same vehicle as he is. The US does the same to for Canadian felons, even worse, they fingerprint and photograph Canadians once they enter with a recorded conviction, and stays at the FBI files forever.


Here in Canada there are pardons, granted to Canadian Citizens, but the records are just sealed, not removed. For Americans, you may be allowed in if you were "deemed rehabilitated" after being clean for about 10 years. You basically need a "Presidential Pardon" to completely clear your records.