Part Three: Crimes of Moral Turpitude

August 27th, 2010

This is part three of my post on Crimes of Moral Turpitude. Today we look at convictions that are not held to be Crimes Moral Turpitude. If you have a criminal conviction for a crime on the list below, it is not likely that you will need to obtain a US entry waiver before crossing the American border.

NOT Crimes of Moral Turpitude:

  • Damaging private property (where intent to damage not required)
  • Breaking and entering (requiring no specific intent to commit a crime of moral turpitude)
  • Passing bad cheques (where intent to defraud is not required)
  • Possessing stolen property (if guilty knowledge is not essential)
  • Joy riding (intention to take permanently not required)
  • Juvenile delinquency
  • Black market violations
  • Breach of the peace
  • Carrying a concealed weapon
  • Desertion from the Armed Forces
  • Disorderly conduct
  • Drunk or reckless driving
  • Drunkenness
  • Escape from prison
  • Failure to report for military induction
  • False statements (that do not amount to perjury or fraud)
  • Firearms violations
  • Gambling violations
  • Immigration violations
  • Liquor violations
  • Loan sharking
  • Lottery violations
  • Possessing burglar tools (without intent to commit burglary)
  • Smuggling and customs violations (without intent to commit fraud)
  • Tax evasion (without intent to defraud)
  • Vagrancy
  • Simple assault (does not require an evil intent or depraved motive, although may include use of a weapon that is neither dangerous nor deadly)
  • Bastardy (the offence of begetting a bastard child)
  • Creating or maintaining a nuisance
  • Incest (when a result of a marital status prohibited by law)
  • Involuntary manslaughter (when killing is not the result of recklessness)
  • Libel
  • Mailing an obscene letter
  • Mann Act violations (where coercion is not present)
  • Riot
  • Attempted suicide
  • A conviction or admission of having committed the essential elements of a criminal attempt or criminal act of aiding and abetting, accessory before or after the fact, or conspiracy where the underlying crime itself is not deemed to involve moral turpitude

An interesting side note is that US Customs used to consider adultery to be a crime of moral turpitude. However, US Congress struck it from the list back in 1981.

You can also click here to read the official government list, it’s much more complicated, be warned! Alright, now you know exactly what criminal convictions make you ineligible to enter the United States, as well as the convictions that you can have and still be allowed across the border.

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Crimes of Moral Turpitude: Part Two

August 23rd, 2010

Alright, here is part two of my series containing the list of Crimes of Moral Turpitude that makes anybody with the convictions below ineligible to enter the United States without a US entry waiver:

  • Theft (when it involves the intent to permanently take)
  • Transporting stolen property (with guilty knowledge)
  • Bribery
  • Counterfeiting
  • Fraud against revenue or other government functions
  • Mail fraud
  • Perjury
  • Harbouring a fugitive from justice (with guilty knowledge)
  • Tax evasion (willful)
  • Abandonment of a minor child (if willful and resulting in the destitution of the child)
  • Assault:
    • With intent to kill
    • With intent to commit rape
    • With intent to commit robbery
    • With intent to commit serious bodily harm
    • With a dangerous or deadly weapon
  • Bigamy
  • Contributing to the delinquency of a minor
  • Gross indecency
  • Incest (if the result of an improper sexual relationship)
  • Kidnapping
  • Lewdness
  • Manslaughter
    • Voluntary (when a person intentionally kills another after ‘adequate provocation’)
    • Involuntary (requires proof of recklessness)
  • Mayhem
  • Murder
  • Pandering
  • Prostitution
  • Rape (including statutory rape when a female consents but is under the statutory age at the time of commission of the act)
  • An attempt to commit a crime involving moral turpitude
  • Aiding or abetting in the commission of a crime deemed to involve moral turpitude
  • Being an accessory (before or after the fact) in the commission of a crime deemed to involve moral turpitude
  • Taking part in a conspiracy (or attempting to take part) to commit a crime involving moral turpitude

Phew! That’s a long list! These are all the Crimes of Moral Turpitude that make you ineligible to enter the United States. Stay tuned for my next post, where I’ll list all the convictions considered not to be Crimes of Moral Turpitude. Ciao for now!

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Crimes of Moral Turpitude: Part One

August 20th, 2010

A reader was kind enough to point out a major topic that I’d been missing completely and suggested I make a post of it. I completely agree, as I have been talking about Crimes of Moral Turpitude and how they affect entry into the US for months now, but I haven’t actually outlined WHAT a Crime of Moral Turpitude is, or created a list of those specific crimes for readers to look at. So without further ado, let’s jump into my three part series on Crimes of Moral Turpitude.

What is a Crime of Moral Turpitude?

If somebody has a conviction for a Crime of Moral Turpitude, they are considered by US Customs to be of poor moral character, and that person is not likely to be permitted entry into the United States. With increased protection on both Canadian and American borders, more and more travelers are being denied border entry because of their criminal convictions.

Exceptions to Ineligibility

Certain criminal convictions are exceptions to this automatic ineligibility, and they are:

  • Crimes committed prior to age 18
  • Purely political offences and convictions

So if you have a conviction for a crime committed before you were 18, or if you were convicted of a political crime (i.e. a criminal conviction from a country with unfair political practices), you are not considered to have committed a crime of moral turpitude, and should be able to cross the border without problems.

I am now going to list the more common Crimes of Moral Turpitude, but I want you to know that this is not an exhaustive list, and convictions listed on it may change at any time.

Crimes of Moral Turpitude:

  • Arson
  • ANY drug charge (possession, trafficking, etc)
  • Blackmail
  • Burglary
  • Embezzlement
  • Extortion
  • False pretenses
  • Forgery
  • Fraud
  • Larceny (grand or petty theft)
  • Malicious destruction of property
  • Receiving stolen goods (with guilty knowledge)
  • Robbery

Alright, that’s a long enough post for today, stay tuned for part two of this series, where I list the all the other criminal convictions considered to be Crimes of Moral Turpitude!

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Criminal Records, Canadian Pardons and Nexus Card Applications

August 16th, 2010

Ok, I’m going to discuss the effect of pardons on Nexus Card applications today, but first, a description of what a Nexus Card is:

A Nexus card is granted to Canadians and Americans who are considered ‘low-risk’ and permits them to cross the American-Canadian border more quickly and efficiently. Nexus Card holders use automated kiosks at designated international airports, specially designated lanes at land borders, and can report to border officers by phone in advance of a marine arrival. The Nexus Card saves money and hassle for those who need to cross the border repeatedly without waiting in long customs lines. These are a few instances when a Nexus Card can be vital:

  • Truck drivers travelling across the border
  • People who work in one country (Canada or America) but live in the other
  • Frequent Vacationers (Snow Birds)
  • Any other job that requires frequent travel to and from the United States

As you can see, there are many benefits to using the Nexus Card, but many people with a criminal record encounter difficulty when trying to get one.

Do pardons help with Nexus Card applications?

Pardons do not help with ANY US border document, whether they be US waivers or Nexus Cards. Unfortunately, it looks like if you have ANY criminal conviction, you can’t get a Nexus Card. Below is a list that makes you ineligible to get a Nexus Card:

  • If you are inadmissible to the United States or Canada under applicable immigration laws
  • Provide false or incomplete information on your application
  • Have been convicted of a criminal offence in any country
  • Have been found in violation of customs, agriculture, or immigration law
  • Will not lawfully reside in either Canada or the United States for the term of their NEXUS membership
  • Fail to meet other requirements of the NEXUS program

However, this does not mean you are doomed to wait in long lines at the border forever; it depends on what your conviction(s) are!

Getting a Nexus Card with a Conviction that is NOT a Crime of Moral Turpitude:

I must say this again and again: there is no guarantee when requesting any Canadian pardon, US waiver or Nexus Card. However, if you have a conviction for a criminal offence that is NOT a crime of moral turpitude, the chances are pretty good that you’ll get your Nexus Card! The final decision does rest with a committee of course, but they probably won’t steamroll you for a DUI back in ’72, whereas others with more serious convictions may not be so lucky…

Getting a Nexus Card with a Conviction that IS a Crime of Moral Turpitude

Now the bad news. If you HAVE a conviction for a crime of moral turpitude, the odds of you getting a Nexus Card are very, very slim. I’ll explain the reasoning behind this: a US entry waiver is usually only good for 1 year (although they can range from 1-5 years, 1 year is the norm), and are required by US Customs to permit those with convictions for moral turpitude to enter America. Meanwhile, a Nexus Card is good for 5 years. The US government is not very likely to grant a Nexus Card permitting easy, repeated, hassle free access to the United States to somebody who would have to have to reapply and hopefully get 5 US waivers to cover the 5 year period the Nexus Card is good for (assuming of course, that the individual with the conviction can GET the required US waiver in the first place). Complicated, but I hope you understand.

Approximately how long does it take to get a Nexus Card?

It takes approximately 6-8 weeks if you do a paper application and slightly less time if you use an internet application. If you have a criminal record, it will take longer and you are at a higher risk of having your application rejected as discussed above.

If anybody has any questions, here are the numbers you can call in Canada about Nexus Cards:

Quebec and Atlantic residents: 1-866-399-5887

Ontario and United States residents: 1-800-842-7647

British Columbia, Alberta, Saskatchewan and Manitoba residents: 1-866-496-3987

Here are the US Customs and Border Protection numbers you can call if you have any questions that Canada couldn’t answer, but beware, call early in the morning or risk being put on hold for as many as 27 people in front of you in the call queue!

USCBP INFO Center (open Monday-Friday, 8:30am-5pm ET)

General Inquiries: 1-877-CBP-5511

International Callers: (703) 526-4200

There is also an automated information line (1-866-639-8726) that provides general information, but for more detail I recommend calling the numbers above.

Or of course, you can also leave a comment and I’ll get back to you! Hope this helps anybody with a criminal record trying to get a Nexus Card!

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Posted in Pardons in Canada | 1 Comment »

Q and A on Criminal Records and Pardons

August 12th, 2010

Alright everyone, I’ve had readers ask me some great questions about criminal records and pardons in the last few weeks, so I’m going to post them for everybody!

Who can see criminal records?

Any police agency in Canada can view a criminal record. This includes the RCMP, provincial and local police. Additionally, the RCMP shares their criminal database with U.S. Customs and Interpol, so if you have a criminal record, the odds are good they know about it.

Can anybody look up a criminal record before it is pardoned?

This is extremely important. Only police can look up your criminal record, but that doesn’t mean the average joe can’t look up your history either. If you were in court for a charge the official court documents will be made available to the public. I tested this out with a random name on the CANLII website, and the first case I looked up provided full names, appearance, and even the COMPLETE ADDRESS of the person convicted. As an interesting side note, in BC you currently have to pay $6 to view the court information, but as of August 30, 2010, that fee will be removed.

So, overall, ANYBODY can look up court documents that will include information on the individual charged, the conviction, and the resultant sentencing.

When can a pardoned criminal record be viewed?

Ok, I know I said a pardoned criminal record can never be viewed, but there are exceptions. There are 3 instances when personal information from a pardoned criminal record (including name, date of birth, and last known address) can be disclosed to police forces:

  • When an identifying fingerprint of the individual is found at a crime scene (this requires permission from the Minister of Public Safety)
  • If needed to confirm identification of a deceased or amnesiac individual.
  • If you have a sexual offence conviction, your name will come up on a vulnerable sector search

So, your pardoned criminal record can be unsealed, but only in exceptional circumstances. For the vast majority of people, a pardoned criminal record is sealed forever.

Will a traffic ticket cause my pardon to be revoked?

No, a traffic ticket is not listed under the Criminal code of Canada and will not cause your pardon to be revoked.

What ‘bad conduct’ will cause my pardon to be revoked?

Bad conduct that will cause a pardon to be revoked includes:

  • Any new conviction (that’s not really a surprise)
  • An arrest and or charge
  • Generally if a charge is withdrawn, the National Parole Board (NPB) will not revoke the pardon, but if the arresting police forward the charge information to the NPB, it will be up to the NPB’s discretion as to whether they revoke the pardon

Basically, any formalized interaction with police. This does NOT mean that your pardon will be revoked say, for having a normal talk with police…For example, if police were called to a house party you attended, and you were not arrested or charged, etc, your pardon will NOT be revoked.

Alright everybody, hope that helps answer some of your more detailed questions! Stay tuned, my next post is going to be about criminal records, pardons and Nexus Card Applications!

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Posted in Myths and Facts about Pardons | 1 Comment »

How to Request a Military Conduct Sheet

August 9th, 2010

If you are or have been in the Canadian military and you are looking to get a pardon, there is an additional step you are required to take during the pardon application process. If you look at the pardon application guide, you will see that after you get your Court Information, you need to get your Military Conduct Sheet. This sheet should be certified, signed and dated, and where you get it from depends on whether you are a regular member or a reserve member:

Regular Members

If you left the Canadian Forces less than 5 years ago, you need to get it from the Director of Military Careers Administration and Resource Management (DMCARM) by mailing a request to:

DCARM 4
101 Colonel By Drive
Ottawa, Ontario
K1A 0K2

If you left the Canadian Forces more than 5 years ago, you need to get it from the Personnel Records Unit by mailing a request to:

Personnel Records Unit
National Archives of Canada
395 Wellington Street
Ottawa, Ontario
K1A 0N3

Reserve Members

If you left less than 3 years ago, you need to get your copy from your Commanding Officer of your last posting or Unit.

If you left more than 3 years ago, you need to get it from the Personnel Records Unit:

Personnel Records Unit
National Archives of Canada
395 Wellington Street
Ottawa, Ontario
K1A 0N3

Ok. once you’ve gotten your Military Conduct Sheet, you can include it in your pardon application. However, you MUST also include all correspondence from your Commanding Officer, National Defence or National Archives with your application.

For current members, your Military Conduct Sheet should be signed, certified and dated by your Commanding Officer. This sheet is only valid for 6 months from date of issue, so once you get it you must submit your pardon application soon! As long as your application is submitted before the Military Conduct Sheet expires, the National Parole Board will still accept it for processing.

When writing your request, you MUST make sure that your Military Conduct Sheet includes the following:

  • Shows that the reason for the request is for a pardon application
  • It must include your first and last name (if your name has since changed, you must use the name you had at the time of your offence)
  • Your date of birth
  • Your military Identification Number or Service Number
  • Your signature

Last thing: Make sure you have copies of everything!

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Posted in The Pardon Application | 2 Comments »

Criminal Records, Pardons and the Canadian Forces

August 6th, 2010

Today is a quick post in response to some questions I’ve had from readers. They have been asking me if having a criminal record will make them ineligible to join the Canadian Armed Forces, so I did quite a bit of digging (I like to be thorough!) and this is what I came up with:

You can have a criminal record and still be eligible to enter the Canadian Forces as long as:

  • You have completed your sentencing (meaning you have finished your parole, have repaid all your fines, etc.)
  • You have no ongoing or open issues with the law
  • You have a pardon

Basically, what it looks like is if you’ve kept your nose clean for a while you can enter the Canadian Forces. I’m currently working on another post related to the Canadian Forces; more specifically how to request a Military Conduct Sheet. I’ll have that to you soon!

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Employment and Criminal Records

August 3rd, 2010

Hello everybody and let me apologize at once for the extremely long time between posts! Life just became very crazy and hectic; I won’t bore you with the details. But now I’m back on board and ready to provide some more useful info!

Employment Rights for those with a Pardon

Employers are legally entitled to ask if you have a criminal record during the hiring process. Under no circumstances should you lie about this; if they find out afterwards you’ll be in a very sticky situation. Many employers (especially government) require a criminal background check to be conducted before they can officially hire you. So answer truthfully that you have a criminal record, but make sure to say that you have gotten a pardon for your convictions. Once you have stated this, the employer cannot refuse to hire you because of your criminal past. This would be a contravention of the Canadian Human Rights Act, and if they did this they would be in a massive amount of trouble. Refusing to hire someone because of a criminal record for which they have been pardoned is a form of discrimination and is viewed with the same severity that discrimination against race, sex, age, religious affiliations, or disability is. So if you have a pardon, don’t be intimidated by this question during the interview, your rights are protected!

Employment Rights for those without a Pardon

Unfortunately, individuals with a criminal record often encounter serious difficulties when trying to get work. Jobs that require clean criminal background checks (such as law, medicine, security, or ANY government job) will all be able to deny you employment because of your criminal record. You’re not alone. Millions of Canadians have similar troubles when looking for jobs. There is no way to make this easier, unless you get a pardon. If you have having troubles with employment, I would strongly recommend getting a pardon so that your rights are protected.

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Changes and Additions to the Pardon Application Process

July 14th, 2010

Hello everyone! I know it’s been a while since my last article, but it’s just so beautiful outside.  I managed to find some time to relax and write an article about some more changes and additions I’ve come across with the new pardon application process. So here they are!

The pardon application forms provided by The National Parole Board have been altered slightly to better reflect the changes done to the pardon bill C-23A. It is now an absolute must to include the addresses you’ve lived at throughout the last 10 years of your life.  Before Bill C-23A was given Royal Assent, the mandatory amount of years to disclose was only 5. If you don’t remember the exact addresses, you will have to do some digging, as your pardon application will be returned to you (temporary denial) if any fields are left incomplete.

Before Bill C-23A was passed, court documents weren’t necessary for convictions 15 years or older, but now every conviction on the criminal conviction record has to have court documentation as supporting evidence.  The National Parole Board is looking to see if your convictions are indictable or summary. This is very crucial in order for them to decide if you meet the pardon eligibility requirements. In the past I have completed pardon applications that had over 75 convictions, but court documents were only necessary for the more recent ones.  I can’t even imagine having to request court information for all 75 convictions! I suppose if you really want to clear your name, you have to do what it takes.  They say jump, you say ‘how high?’

Remember those reference numbers I mentioned in one of my articles? Well, good news! The National Parole Board decided to remove those annoying numbers from the pardon forms. With the reference numbers, if you made an error on the forms you would have to re-print forms and remove the reference number and put your original one in its place, and make sure that all the forms match.  The whole reference number thing was very confusing. On the new pardon application forms in the top right corner where the numbers used to be, is now just a blank box. The National Parole Board will simply include their own number once they receive the applications. When calling the National Parole Board, applicants will have to divulge their full name and birth date in order to get a status update, instead of the reference number. Not a big deal really, I guess it makes things a little easier for the applicant.

Finally, there is a new form added to page 12 of the pardon application package.  It requires individuals who have been convicted of a sexual or indictable offence to complete the form outlining exactly how a pardon would benefit them and how it would help them reintegrate themselves into society.  The applicant would have to include specific details, stating what the conviction was exactly and the reason(s) for committing the crime.

I’m hoping that once bill C-23B is passed late September, the National Parole Board won’t have to change the forms again or even alter them in any way. If so, you can count on an update on my behalf. Come back soon! :)

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Myths and Facts about U.S. Entry Waivers

July 6th, 2010

Hey guys! Today, I’m going to post some myths about U.S. Entry waivers, and then give you the facts to clear up any misunderstandings about Waivers.

Myth: Once issued, a U.S. Entry Waiver is valid for an individual’s entire life.

Fact: A U.S. Entry Waiver is usually only issued for 1, 2 or 5 years at most.

Myth: An individual with a criminal record can travel to the U.S. without a U.S. Entry Waiver.

Fact: Absolutely not! It is illegal to enter the United States with a criminal record, without having a valid U.S. Entry Waiver, unless of course if you are an American citizen.  However, there are a few exceptions. Individuals with charges such as DUI’s (driving while under the influence) do not require a U.S. Entry Waiver to enter the United States.

Myth: If an individual gets a U.S. Entry Waiver, the border agents no longer have access to their criminal record.

Fact: A U.S. Entry Waiver is only a permission slip to entry the U.S.; it will NOT erase or seal an individual’s criminal record therefore their convictions will still be visible in the border database.

Myth: If an individual obtains a U.S. Entry Waiver there is still a chance they can be refused at the border.

Fact: Even though the border agents have authority when deciding who crosses the border and who doesn’t, having a U.S. Entry Waiver will make sure that you cannot be denied.  A  U.S. Entry Waiver is issued by The Department of Homeland Security therefore the border agents cannot refuse you entry.  Homeland Security has superior authority.

I hope this helped clear up some of your unanswered questions about U.S. Entry Waivers.  Come back soon to learn more about Waivers and how to obtain one. Ciao!

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