A National Non-Profit Organization for over 32 years.

Pardons Canada: Theft under conditional discharge can I travel to the USA?

Contact Us
Pardons Canada – Head Office
 
1376 Bathurst St.
Toronto, On M5R 3J1
 
Hours of Operation:
Monday – Friday 8:30 am-5:00 pm
Toll Free: (877) 929-6011
Toronto 416-929-6011
Vancouver 604-239-2100
Calgary 587-404-0220
Edmonton 780-800-6930
Winnipeg 204-818-8900
Ottawa 613-706-2070
Halifax 902-701-0440
St. Johns 709-800-8645
Montreal 514-613-0750

Canadian Bestseller!

Written by the founders of Pardons Canada

Visitor: I had a small theft under $250 charge when I was 16, to which the judge granted a “conditional discharge”, which involved community service hours and weekly visits with a probation officer. As this is almost 40 years ago now, to my best recollection I met all requirements for the discharge and to the best of my understanding have no criminal record.

However, sometimes when crossing the USA border by car or flying to USA at the airport, I get pulled aside for further questioning. Each time that happens after their process I’m still granted permission to cross the border/board the plane. I do have a Nexus card which I’ve renewed 3 times and was approved every time despite their findings of this record, again to which I understand is not a criminal record. I’m reaching out to you today to investigate what exactly is on file, how authorities find it, and how I can get that suspended

Pardons Canada: Since your theft under offence is a youth offence and was discharged then it is not showing up the RCMP file which is what the Americans look at. However, since there is a flag on your file you may be questioned and it may be confusing for the border agent as nothing is showing up on a criminal check. Regardless, because you’ve never been denied entry to the US you do not need a US Waiver. You may still have to deal with US customs on the odd occasion as no one can delete the red flag on their computers.

Free Consultation

Get Started NowRequest FREE Consultation