A criminal record can prevent you from doing many things, including travel, and so many Canadians naturally assume that they also cannot apply for a passport. This is untrue as the passport application process does not contain a criminal record check of any kind, and so you can easily get a Passport with a Criminal Record. However this doesn’t mean you can freely travel with a criminal record, and we advise you to use caution when making travel plans.
Even if you have a criminal record, you can still apply with Passport Canada (generally at a Service Canada location) and obtain a passport. If you are a client of ours currently awaiting a Record Suspension/Pardon or US Waiver application to be granted, please be aware that you do not have to wait for this process to be completed before you apply for a passport. By applying now, you will be able to travel as soon as your application is granted.
How Does the US Know About my Record then?
When travelling to the United States, the US Center for Border Protection (USCBP) is authorized to run your personal information in the Canadian Police Information Centre (CPIC) database. This database houses information regarding all Canadian criminal convictions. Your name and date of birth, regardless of whether or not it was obtained from your passport, can be run by the USCBP in this database to immediately return results about your convictions.
Can I Travel Before my Application is Granted?
If you are seeking to travel immediately, you will have to check the requirements of each country before you do. The United States are very strict regarding entry to their country, and we absolutely advise against travelling there until your application has been granted- even if you are merely transferring flights in a US location. The one exception to this is if you have not committed a crime of “moral turpitude” such as a Driving While Impaired offence, or a common Assault.
The requirements for other countries are not always as specific. Generally these countries are able to conduct a criminal record check on a visitor if they wish, but will not always do so. For more specific requirements we encourage you to contact the consulate of the country to which you wish to travel to as they may be able to provide more information. Regardless, it is always a good idea to have your record cleared in order to avoid any issues when travelling, and we encourage you to begin the Pardon/Record Suspension process as soon as possible.
How long does a pardon take to grant? What are the requirements and what’s the cost?
Hi Chris,
Thanks for the question! You can find an overview of the process, requirements & cost here: https://allcleared.com/record-suspension. If you have any further questions, we are happy to help – please give us a call at 1-866-972-7366.
I have a criminal record and would like a waiver to travel to New Zealand for a wedding of a classmate the charge is 18 years ago, Is it possible to get a waiver?
Hi Edward, thanks for your question. If you are interested in travelling to New Zealand, you will need to confirm if your conviction is criminally inadmissible or not under New Zealand law. Dependant on the charge, you may be able to complete a waiver at the New Zealand airport on your way to the wedding. If you would like to check your admissibility or for further advising, we’d be more than happy to help! You can give us a call us toll-free at 1-866-972-7366.
so, i was recently convicted of theft under $5000 and was sentenced to a years probation (ending in may 2016). once my probation is over would i be able to travel to the us, and should i apply for my passport in the time i’m waiting for my probation to end?
Hi Jason, thanks for your question. A criminal record will not usually forbid you from getting a Canadian passport, as it is just a proof of identity and citizenship. Given that you have a summary offence of theft under $5000, you are not automatically inadmissible. That said, it is up to the discretion of the US border security officer as to whether you will be granted entry to the US. Even though you may have entered the United States without hindrance in the past, you may be denied entry at a future date based upon disclosure/discovery of your criminality. Not all criminal convictions create an ineligibility to enter the U.S., but any past criminal record must be declared.
As the US does not officially recognize a Canadian record suspension, it is highly recommended that you apply for a US entry waiver for your travel to the US. A waiver eliminates the risk of being turned away and denied admissibility. Waivers are valid for periods ranging from one to five years and can be applied for during your probation. Unfortunately Passport Canada can deny you from getting a passport while still on parole/probation, so you will have to wait to apply until your probation is complete in May 2016. If you’d like any more information or have questions regarding a US entry waiver, feel free to give us a call toll-free at 1-866-972-7366
Hi I’m Joshua I have a criminal record never did time havnt gotten in trouble in over 6 years , I’ve never travelled before want to get a Canadian passport to travel to Cuba for 3 weeks , will I be accepted in Cuba since I’m not going threw the United states ? Thank you
Hi Joshua,
Thank you for your question. Please read our post about travelling to Cuba with a criminal record for more information: https://allcleared.com/blog/can-travel-to-cuba-criminal-record
Hello I have a criminal record from 6 years ago and I would like to travel to Mexico can I do this?
Hi Chris,
Thank you for your question. Many people have travelled to Mexico without any problems. However, if you do go, be aware that you could be turned back and lose the amount you spent on your vacation. Also, ensure that you take a direct flight to Mexico. If you have to stop in the United States, they will have access to Canadian records and can turn you back as well.
As far as we know, the Mexican border does not have access to Canadian criminal records. However, this could change now that visas have been dropped between the two countries.
The Mexican government may not care about your record even if they do find out about it, but keep in mind that Mexico has a big drug problem, so if you have a drug offence it could cause them to deny your entry.
For more information about travelling to Mexico with a criminal record, please visit our blog post.
https://allcleared.com/blog/travelling-to-mexico-with-a-canadian-criminal-record-what-you-should-know-before-you-go
My son, while a youth, was charged with assault. While on probation, he turned 18 and uttered a threat which also resulted in a breach of probation. This now was under the adult system. He has served the probation period without incident.
Now 4 years later, he is interested in obtaining a passport for travel to the US. Does he disclose this record at the border as an adult offence. Is this something that can prevent him from entering the US?? Thank you.
Hi Jennifer, Thank you for your question. This will be on his criminal record. Most likely they are minor charges and he will not be required to get a waiver but he would need court records to present to the US Border officer. Please call us for a free consultation if you need more information.
My boyfriend was charged with simple possession in 2009….only had a 500$ fine…no jail time or probation
Now we want to travel to Florida. ..he has an existing passport but expired since….can he just renew his passport? .. and does he need a canadian pardon to be able to travel.?
Does he also need to apply for a US waiver?
Help! !…
Hi Kelley,
Having a criminal record will not affect your boyfriend’s ability to obtain a passport as this is a right extended to all Canadians. However, in order to enter the United States he will need a US Entry Waiver. Please give us a call if we can help.
I was charged with theft under about 20 years ago. It was the one and only time I have ever been in trouble. I did community service and given an Adult diversion. Would I have any issues traveling to the US, or Dominica?
Hi Sandi, You should be able to enter the US without a waiver. You may be asked to present court documents proving the conviction was summary but that is rare. If you want to be sure, you can contact the Department of Homeland Security. The Dominican Republic is unlikely to have any record of your offence and given the minor nature and the length of time since the offence, they may allow you to enter even if you disclosed it. However, you should always check with the local consulate before travelling to any country with an offence on your record.
hello 25 years ago i was charge with fraud.someone stole my I.d. and got me in trouble I am a professional transport driver,will i be able to enter U.S.?
Hi John, Thanks for your question. It’s likely that you would be turned away with a fraud charge. You may need to apply for a waiver. Please call us for a free consultation at 1-866-972-7366.