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Muskie Fishing -> General Discussion -> Border Crossing with petty misdemeanor
 
Message Subject: Border Crossing with petty misdemeanor
only52s
Posted 3/25/2014 12:13 PM (#701971)
Subject: Border Crossing with petty misdemeanor




Posts: 3


Get pulled over. Officer smells marijuana. Gives a sobriety test which is passed just fine. Your not intoxicated. Officer confiscates marijuana. Issues you a citation for possession of small amount of marijuana and paraphernalia. And sends you on your way. Citation is paid online...no court appearance or anything.

Will that person have an issue crossing border into Canada?
Jeff78
Posted 3/25/2014 12:54 PM (#701986 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor





Posts: 1660


Location: central Wisconsin
Hugs not drugs
FishFinder87
Posted 3/25/2014 12:59 PM (#701989 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor





I wouldn't let them ride in my truck! lol.. Border patrol will see that on his record, and could rip the vehicle apart. Hard to say for sure, but I would have a backup plan.
Musky Brian
Posted 3/25/2014 1:02 PM (#701991 - in reply to #701989)
Subject: Re: Border Crossing with petty misdemeanor





Posts: 1767


Location: Lake Country, Wisconsin
No, I do not believe that person would have issues....
Cal
Posted 3/25/2014 1:25 PM (#701996 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor





Posts: 177


Location: ON
Not criminal charge, shouldn't show up. I bet you will find your answer online however @ CBSA.

ChinWhiskers
Posted 3/25/2014 1:54 PM (#702006 - in reply to #701991)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 518


Location: Cave Run Lake KY.
Give them your passport or pass card and then, if they ask for driver license last. The driver's license will hang you up more then the passport also getting back can be more difficult then getting in. Also don't make small talk to them just answer their questions.
Pepper
Posted 3/25/2014 1:59 PM (#702007 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 1516


It is doubtful that offense would show up on the National Crime Information Center run by the old FBI and I believe that is what they check when you cross the border. If you weren't arrested you should be good to go.
muskycop
Posted 3/25/2014 1:59 PM (#702008 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 76


Location: New Lenox, Illinois
This will show up when they scan his passport. Had a couple guys in our group turned away at the border for a petty theft they committed as juveniles (Dine&Dash) I still dont know how they had juvenile records but they did. It took both guys about 18 months and a ton of paerwork to get"rehabilitated" before they were again allowed to cross the border and when they do cross they always get checked. The only way to be sure is to have the individual go to a local police department and ask for his criminal history to be run. If he comes back with a SID# or FBI# you can bet its going to show up when he attempts to cross the border and I would bet that he will be turned away. If its a long ride I would have and alternate plan for this guy without knowing for sure that he is going to get across. Just to note the guys that were turned away were in their 40"s and this offense occurred when they were 16. They had been in the country every year since then and never had never had an incident there and were still turned away.

Edited by muskycop 3/25/2014 2:04 PM
Nershi
Posted 3/25/2014 2:44 PM (#702017 - in reply to #702006)
Subject: Re: Border Crossing with petty misdemeanor




Location: MN
ChinWhiskers - 3/25/2014 1:54 PM
also getting back can be more difficult then getting in.


Complete rumor. I talked with the US customs on two different occasions and they said it is their job to make sure Americans get back in to the US. They don't want to keep our citizens from getting back to their own country.

I would call the canadian customs and ask if you will have an issue getting in. You could call your resort you are going to and they should have the phone number. As far as I know those numbers are not listed online. You will most likely not get a straight answer one way or the other because it really comes down to officer discretion. One may let you in and the other may not. I would be surprised if the ticket even shows up when they run your record but don't quote me on that.

BenR
Posted 3/25/2014 2:47 PM (#702019 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor


I think you might need to also see how the offense is treated in CA.
Pepper
Posted 3/25/2014 3:21 PM (#702026 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 1516


If the offence is a misdemeanor in Canada it should be OK. The problem with a DUI is it is a serious misdemeanor here and a felony in the great white north. If you have been a arrested and finger printed there is an excellent chance it will show when they scan your passport. Maybe you could have it expunged from your record.
Brozz88
Posted 3/25/2014 4:09 PM (#702040 - in reply to #702026)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 216


A friend of mine had a dwi 20 years ago and they wouldn't let him go the first time we went. then he jumped thru the proper hoops and got pardened by the Canadian counsel and was allowed to cross. Another guy had an assault charge that showed up and was denied crossing. He had a caribou hunt in Quebec,non refundable prepaid,that he missed out on. So lesson learned, you better check way before you plan to go.And yes, all my hard times were had on the Canadian side goin in and comin back, mostly waived thru with a glance at our liscences on the American side
whynot
Posted 3/25/2014 6:27 PM (#702088 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 897


Check with the Canucks for the answer. I suspect it won't prohibit the person from going through, but could have other impacts. I'm a prosecutor and have never seen a petty misdemeanor on an NCIC printout, but it absolutely will show up when I do a records search through other channels. Guessing border guys have access to the same info as I do, which means they'll see it. I'd make sure you plan some extra time into your itinerary for border crossing both ways with that person in your vehicle. Sounds like a good reason for a border patrol agent to search your car. Like the other guy said...I'd rather that person not ride with me!
Dan Klis
Posted 3/25/2014 6:37 PM (#702091 - in reply to #702088)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 153


A freind of mine almost got rejected for a misdeameanor distructiion of property when he was 16. He was 45 when he tried to cross. Its up to the decresion of the border agent whether that person will be allowed entry.

Good luck

Dan

dfkiii
Posted 3/25/2014 6:59 PM (#702097 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor





Location: Sawyer County, WI
Alternatively, Colorado and Washington state have growing musky populations.
muskiewhored
Posted 3/25/2014 7:05 PM (#702100 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor





Location: Oswego, IL
Suggestion

Yes everything you have done is on their rap sheet, its amazing what info they got, remember this isn't just another state your going into. if you didn't have your attorney quash the records, it will always be there, not available to state or city police -juvenile records are for the most part sealed. However other countries have access to records that are still lingering.

The best part, or shall i say scary part is they know more than just a charge, they have the data from the case, all of it. The reason why people still have an issue with small things years and years after is because they never did anything about it. Once someone reviews the entire thing they will know when it was and more than likely deem you admissible. There are time limits on offenses and you just need to clear it up. If you are close to a embassy go see them, if you are close to a border go talk to them. If you have a crime that is questionable, when you go to the border, first thing tell them your NOT looking to cross but wanted to talk to an officer for admissibility questions and concerns.

I would say have them apply for a canpass, BUT if this offense was really recent it may not exactly show today but might tomorrow. I personally would apply for it, send all the documentation about the offense with your application. That way your honest upfront and so will they. The worst thing they can do is say NO. And it only cost you around $30 to find out.

The only questionable part is this all happened with a vehicle involved, i wouldn't think anything of it if you/he/she was walking down the street and got popped but Canada does not like any crime that included a vehicle

Edited by muskiewhored 3/25/2014 8:02 PM
Dog Lake
Posted 3/25/2014 7:21 PM (#702104 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor





Posts: 38


Here it equates to a misdemeanor and about a $200 fine. It will show up on a record check, but alone should not prevent entry into the country. Do expect the entire group to be checked out thoroughly and delayed while they investigate. If they have any other charges involving violence, fraud, dui, drug sales or importation they should contact Canadian Border Services Agency to determine their eligibility for entry before they show up at the border, to avoid disappointment.
JakeStCroixSkis
Posted 3/25/2014 7:48 PM (#702120 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor





Posts: 1425


Location: St. Lawrence River
Should be fine.
Donivan B
Posted 3/25/2014 8:35 PM (#702131 - in reply to #702097)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 19


Location: Tomahawk,Wi
dfkiii - 3/25/2014 6:59 PM

Alternatively, Colorado and Washington state have growing musky populations.

That's funny
Masqui-ninja
Posted 3/25/2014 8:41 PM (#702133 - in reply to #702097)
Subject: Re: Border Crossing with petty misdemeanor





Posts: 1247


Location: Walker, MN
dfkiii - 3/25/2014 6:59 PM

Alternatively, Colorado and Washington state have growing musky populations.
Others are strictly medicinal?
Sorry, terrible.

Edited by Masqui-ninja 3/25/2014 8:49 PM
Tackle Industries
Posted 3/25/2014 9:06 PM (#702139 - in reply to #702133)
Subject: Re: Border Crossing with petty misdemeanor





Posts: 4053


Location: Land of the Musky
They can see your entire life including pre 18 years old. Have him call a boarder station on the Canada side and they will look up your past and let you know. Much easier now than at the boarder...
only52s
Posted 3/26/2014 7:30 AM (#702199 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 3


Thanks for all the replies. Done some digging and found a couple things. Here's an article from Star Tribune in 2012 about canada relaxing restrictions. It says to look into getting a Temp Resident Permit.

http://www.startribune.com/sports/outdoors/140403093.html
http://www.cic.gc.ca/english/information/inadmissibility/permits.as...

Most stories i read are DUI releated. Thats not the case here. He was pulled over and but nothing on the citation mentions that. He passed field test and was not intoxicated. If i didn't tell you you would not know by looking at the citation.

Here is a note from the canada border website.

If you have been convicted of driving while impaired by alcohol or drugs, you will probably be found criminally inadmissible to Canada. But as of March 1, 2012, you may be able to get a temporary resident permit for one visit without paying the C$200 processing fee.

He was not convicted of driving while impaired.

Seems to me the best thing to do is call the border patrol and talk to an officer and ask them if there will be a problem and\or if he should apply for a TRP.
whynot
Posted 3/26/2014 8:25 AM (#702209 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 897


That's exactly what you should do.
Pepper
Posted 3/26/2014 9:11 AM (#702222 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 1516


What ever you do Please let us know what you did and how it worked out.
bryantukkah
Posted 3/26/2014 10:31 AM (#702257 - in reply to #702222)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 295


Canadians love their doobs.
ToddM
Posted 3/26/2014 11:04 AM (#702271 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor





Posts: 20219


Location: oswego, il
Move to Colorado. Just look at the affect it had on the Broncos. In shock that the super bowl was a football game.
BenR
Posted 3/26/2014 11:14 AM (#702278 - in reply to #702271)
Subject: Re: Border Crossing with petty misdemeanor


ToddM - 3/26/2014 11:04 AM

Move to Colorado. Just look at the affect it had on the Broncos. In shock that the super bowl was a football game.


Washington has the same rules and the Seahawks had a decent year as well.
LarryJones
Posted 3/26/2014 3:49 PM (#702363 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor




Posts: 1247


Location: On the Niagara River in Buffalo, NY
I know all about Canada and DUI's, I got flagged for a 1972 DUI from Texas, that cost me $20 back then! A trip to Texas for Texas State Finger Print Check and a copy of the court record from Odessa, Tx , support letters, FBI Report, NY State Finger Print Report, Town of Tonawanda Criminal Report, all clear and a total of about $3000.00 later, I can now cross the border! I was not happy but to fish in Canada I had to go thru that whole reabilitation process, for something that happened 42 years ago!
FishFinder87
Posted 3/26/2014 6:31 PM (#702413 - in reply to #701971)
Subject: Re: Border Crossing with petty misdemeanor





What about crossing by angle inlet? I've heard you can just drive right in, is that still true?
muskiewhored
Posted 3/26/2014 8:09 PM (#702438 - in reply to #702413)
Subject: Re: Border Crossing with petty misdemeanor





Location: Oswego, IL
FishFinder87 - 3/26/2014 6:31 PM

What about crossing by angle inlet? I've heard you can just drive right in, is that still true?





Your thinking of the Mexico border...
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