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When I first bought my tickets to Roo, I was planning on going with my girlfriend. Three months later, I have dumped her and plan on having the weekend of my life with a buddy of mine. We're starting the drive down to Nashville from Toronto on Tuesday night/Wednesday morning, in hopes to catch a bit of sunlight in Nashville. We can always nap once we get there to prepare us for Roo...
But anyway, my question is this: my friend and I will be crossing the border sometime around 3am, and it just dawns on me my friend DOES have a criminal record. It was from some stupid incident where not one, but three cops, claimed he assaulted them (this kid has never been in a fight before, why would the first fight he picked be with three cops?) and in order to get a deal, he had to plead guilty. So, I will be crossing the border with a criminal (hah) at 3am in the morning.
Should I be worried? How easily can US customs officials pull up criminal records? Will he be flagged right away? Will they think two white boys crossing the border at 3am in the morning is shady? We just want to have a good time, the last thing I want is this dope buddy of mine to ruin my weekend, causing an international border fiasco.
It's not like he looks like a criminal, just that I'm worried if they DO for some reason do a background check, they will turn us away.
Post by blazeaway54 on May 17, 2007 1:54:25 GMT -5
Alright, I did some research for ya and here's what I found:
The U.S. does not deny entry to persons with a "Driving Under the Influence" conviction - although if there are multiple convictions for this and or other misdemeanors, you could be denied entry.
Generally, any convictions for drug possession can result in denial of entry. If the conviction was long ago, you might contact the U.S. Embassy, Office of Consular Affairs in your country to obtain a waiver. Other misdemeanors may result in denial if they were recent.
From CBP.gov
I certainly wouldn't risk this without a phone call or two...was this a recent event? Is the whole court thing worked out?
Thanks a lot man, I really appreciate it. Nice research.
I have been interrogating my buddy and he says that part of his deal was that this conviction could only be pulled up on a "hard check" as opposed to a "soft one". The actual occurence was last year but this was all finally sorted out in court a few months ago. I'm not sure what kind of checks US Customs could do, but am I a fool to head to the border under the assumption that they would have no reason to do a criminal record check as we cross?
Post by blazeaway54 on May 17, 2007 22:05:53 GMT -5
Well the problem I'm having in any further research is that I'm only getting results from people going the other way (US to Canada). If it means anything, they seem to have become VERY strict. I read stories of people being turned away for DUIs and even a 25 year old possession charge. I would highly recommend calling someone on this beforehand because it seems like it could definitely be an issue. One guy had his laptop searched because he was coming in on business even though he didn't have a criminal record.
One other important thing here is that I've never crossed the border, so you might want to get in contact with someone who has, as well as the government.
I've read from some accounts of people having trouble getting into Canada, but not coming from Canada. I dunno what to say, I just remember someone form Pearl Jam's board talking about them missing a show because of old criminal records.
I've talked with people and I work for the Federal Government. This group of guys were heading down for a NFL game coming from Canada and the guy who arranged the whole trip was turned away at the border. What the rest did was drop him off outside of town and they proceeded through the gate a few hours later and same border patrol.
I know a guy who got turned away because he had a very old drug possession record. One small joint, one day in court and he hasn't been to the States or even tried to get in since.
Not trying to scare you but these are what generally the border looks for, Narcotics offences and assault when with weapons, and also Grand theft or possession of stolen property etc. The border patrol MAY see an assault on his record and let him in yet I would definitely be concerned that if the record that they pull up says anything about assaulting an officer, Oh my, I'd be worried. Most people who go through the border and as recently as my friends who went through at Gananoque, the border patrol asked:
1. Whats your purpose for entering the US (Business or pleasure) 2. How long are you going to be 3. Where are you going 4. Have a GREAT DAY
Answer Honestly: 1. Pleasure Camping 2. 5 days 3. Tennessee 4. Thank you and You too!
The border patrol barely looked at the Passports.
Keep it simple, probably better to not say a hippie festival "Bonnaroo" just don't give them a reason to want to chat more. Don't wear your sunglasses when talking to the border patrol and don't have your car wafting of cigarette smoke or any "Other" type of smoke. Those dogs can smell that odor even if you haven't "Smoked" in your care for weeks. Just keep your answers simple, Be Polite!
And I've never heard of a Soft or hard Record. You either have misdemenour charges, road stuff, or you can have an endictable offence etc.
Can't tell you what to do my friend but definitely do post here and let us know what he finds out. I'd be a little concerned about assaulting an officer......
If I were your buddy, I'd be calling the US Embassy. And that Waiver, woooo I wouldn't go there at all because you don't have enough time to get one. They take Months if not almost a year. (Thats just what I read)
BUT if you really want someone to talk to about this whole subject, the nick is kingofcheezwhiz on this site, his mother is a border cop. Ask him directly and get him to ask his mama. He's pretty KEWL
The list of crimes of moral turpitude that are reasons for exclusion from the U.S. is also quite detailed. The most common types of crimes involving moral turpitude that would make you inadmissible are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud. At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S.[/color] Ok I just went onto the site that Blazeaway54 gave and this is what I found. If I were you though, I would find out exactly what he was convicted of. If it were assaulting an officer, that could very well raise a flag for sure! the fact the conviction was a few months ago is a little scary in my eyes though you don't have to worry about you not getting in to the US. Like I said before, my friends were travelling with someonewith a 5 year old conviction. He was turned away and the rest went into the US.
ON THE OTHER HAND! I do like giving positives for everything. My friends JUST came back and the border police didn't scan anything at all, looked at the passport, etc and said have a GREAT day.....
Ok, I just talked with friend who crossed at I believe Gananoque for the Festie Langerado (March 2007) and they said the Customs Agent took their identification and looked at it, didn't scan nothing! looked at it, asked where they were going, how long they would be and said have a nice day...... He says it won't be a problem. But if you tell him you are going to bonnaroo you may have more probing questions. Just tell him you are camping for the weekend.
Man, thanks a lot soulmate, you really helped calm the nerves of my buddy and I. We are going to be crossing in Buffalo so that we can get the border crossing nervousness out of our system as early into the trip as possible -- but now we've got some confidence backing us up thanks to your great research. Nicely done!
Well I definitely don't want to boost your confidence and then have everything blown out of the water for you but the question I would ask your buddy is this: Does that criminal record have anything about assaulting an officer? If it does and the border cops see that, Ouch, but if its a simple assault, then I wouldn't worry. I hear mixed things, every person that I know personally sayd they've never been scanned EVER. Even my parents who went across recently said the guard looked at the passport and sent them on through.
Make sure you DON'T wear your sunglasses when coming up to the guards gate. and make sure your vehicle doesn't smell of smoke......
Damn, talk about alleviaton! After scanning that 27-page government document outlining which "crimes involving moral turpitude" would stop me at the border, I have come to the conclusion that my buddy is safe to be carrying across the border. Unless my buddy has been harboring some fugitives under my nose, I think (knock on wood) we will be okay.
I'm planning to cross the border looking as innocent as possible. Nice clean shave, nice clean car -- maybe I'll even get one of those "My Son is an Honor Student at W.C. Persey High" bumper stickers. I'll leave the Hells Angels gear at home for this trip. No sense trying to cross the border as a leather-jacket-wearing, tattooed Undertaker. Manchester ho!
Thanks again soulmate, you've done some mean research. A career in journalism awaits you.
*i like coconuts, you can break them open they smell like ladies lyin in the sun** *Hell I don't even know where I am** *for now I must sit here and ponder the yonder: The herbivores did well cause their food didn't never run** *We listen, if it feels good We shake** *You made a big impression for a girl of your size, Now I can't get by without you and your big brown eyes.**
What a shame. you would think after 911 they would be much more strict. God I think everyone knew what they were doing that day. Both Hubby and I were sleeping (Nightshift) I woke up at 3:30pm and saw on TV what was going on. I've never been to the States before and saw the WTC asked Hubby "Whats the world Trade Center?" I actually thought there was a movie on tv.... I was greatly saddened to see what had happened.
All Canadians felt the grief that American felt that day and afterward. Anyways, enough of talk of 911, I don't want to bring the mood of Bonnaroo down any!
