Just got a DUI and need to go to Canada

[calidui]

What is the name of your state (only U.S. law)? California

I got a DUI a couple of months ago. It was just a standard misdemeanor arrest.
Yesterday someone told me that you can not go into Canada with a DUI conviction
because they regard it as a felony. I have heard stories of people traveling all the way over there and then being sent right back home. Is this true?
I have go to a wedding in Canada in a few months, is there any way around this situation?

[seniorjudge]

US law only.

But ... call the Canadian embassy and ask them, eh.

[cyjeff]

And I would certainly recommend against driving there.

[calidui]

So from what I can tell they do not let you in with a DUI.
However, I spoke to someone that said since a DUI is just a state offense
there is no way that it would be on your passport unless it was a federal crime.
Can anyone confirm this?

[xylene]

US law only.

PS - there is a detailed section on the Canada Customs / Immigration website on entering Canada with a criminal record. There is detailed info on entry with a DUI.

You can take your chances, but you may be turned away.

[Some Random Guy]

It soulnds like you are out of luck.

[url=http://www.nvo.com/beaulier/minnesotadwiandentrancetocanada/]DWI or DUI and Entrance to Canada[/url]

Failure to admit to Canadian Customs that you were convicted of DUI when they ask is a separate criminal act. With new technology and passport requirements, the Canadians have access to US databases of criminal convictions - the DUI will show up.

[calidui]

Do you really think a state misdemeanor will show up when they run my passport? I don't think any offenses show up on your passport unless they are felonies or federal offenses. Can anyone confirm this?

[Zigner]

Originally Posted by calidui

Do you really think a state misdemeanor will show up when they run my passport? I don't think any offenses show up on your passport unless they are felonies or federal offenses. Can anyone confirm this?

Computers are wonderful things...

[calidui]

Originally Posted by Zigner

Computers are wonderful things...

For those of you with the condescending comments, go to a message board that does not have the purpose of helping others out. I have obviously looked the issue up and have not been able to find the answer. I understand that I am not supposed to enter Canada based on my misdemeanor but my question is will they have the information to stop me.

[TimStudiesLaw]

From this site: [url=http://www.canadainternational.gc.ca/los_angeles/imm/inadmissible-interdiction.aspx?lang=eng&menu_id=63&menu=L]Are you inadmissible to Canada?[/url]

In general, people are considered to be criminally inadmissible to Canada if they were convicted of an offence in Canada or were convicted of an offence outside of Canada that is considered a crime in Canada. In order to enter Canada, these people must obtain Approval of Rehabilitation or a Temporary Resident Permit at a Canadian Consulate or Embassy.

Offences involving operation of a motor vehicle while impaired by alcohol or drugs will, with very rare exceptions, render persons criminally inadmissible to Canada and therefore in need of Approval of Rehabilitation or a Temporary Resident Permit to enter Canada for any purpose and any length of time.

Approval of Rehabilitation

Approval of Rehabilitation may be granted if you can show that you have a stable lifestyle and that it is unlikely that you will be involved in any further criminal activity. You may apply for rehabilitation if five years have passed since the end of your sentence. Periods of probation are considered to be part of the sentence as are payment of fines and restitution of a driver's licence.

Approval of rehabilitation permanently overcomes inadmissibility arising from the offence declared.

Temporary Resident Permit

If you are inadmissible to Canada for criminal, medical or other reasons and there are compelling and urgent reasons to allow you to enter or remain in Canada, you may apply for a Temporary Resident Permit.

Offences involving operation of a motor vehicle while impaired by alcohol or drugs will, with very rare exceptions, render persons criminally inadmissible to Canada - and therefore in need of Approval of Rehabilitation or a Temporary Resident Permit to enter Canada for any purpose and any length of time.

A Temporary Resident Permit temporarily overcomes inadmissibility.

Good luck

[CdwJava]

Originally Posted by calidui

For those of you with the condescending comments, go to a message board that does not have the purpose of helping others out. I have obviously looked the issue up and have not been able to find the answer. I understand that I am not supposed to enter Canada based on my misdemeanor but my question is will they have the information to stop me.

Yes, Canadian officials have access to NCIC which can give them access to state and federal records. If your prints were submitted to the FBI as a result of your arrest or conviction, then that record will show. They might also search the criminal records of your home state (California) and if they do, they will likely find the record.

What they WILL do no one can predict. But, since the question is, "Do they have access?" then the answer is, "Yes."

- Carl

[paguy88]

Originally Posted by calidui

What is the name of your state (only U.S. law)? California

I got a DUI a couple of months ago. It was just a standard misdemeanor arrest.
Yesterday someone told me that you can not go into Canada with a DUI conviction
because they regard it as a felony. I have heard stories of people traveling all the way over there and then being sent right back home. Is this true?
I have go to a wedding in Canada in a few months, is there any way around this situation?

have you been convited yet?