Pardons.ca Blog

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!

Tags: canadian pardons, criminal records, Nexus, Nexus Card applications, nexus cards, Nexus program, pardons. criminal records, U.S. Entry Waivers, US Customs, US waivers, USCBP

This entry was posted on Monday, August 16th, 2010 at 9:58 am and is filed under Pardons in Canada. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.