I know Canada has several restrictions on entry to the country for those that have recent DUI convictions. However in your case the last one was 17 years ago and should not be an issue with the entry into Canada or prevent you from being able to drive in Canada on your vacation. However it sounds like you have contacted the Canadian government and have some resistance to your attempt to visit Canada. Unfortunately this would be best handled by an attorney that is licensed in Canada and not California.
Sat, May 1, 2010 11:48:45 AM
RE: [collegemembers] Canada Travel & DUI
The passage of 10 years with no new crimes/convictions and you can apply for Rehabilitation which is pretty much rubber stamped because if you establish the criteria you are "deemed" rehabilitated for purposes of immigration.
The ban is for 5 years from then end of probation or the license suspension, whichever is later. Then you have to apply to the govt for "rehabilitation" . You can apply for a temporary residence permit if you want to visit but the immigration lawyers I have talked to say that is not an easy process or likely to be granted. If you show up at the boarder and lie and are caught then you will be banned for a long time.
A good reason to refer you to Canadian counsel is that if you attempt to process the paperwork through the nearest Canadian consulate (for us, Seattle), the client will wait for the 2-3 year backlog before your application is processed. Canadian counsel is likely to accomplish the same task on the other side of the border in around 6 weeks.
The immigration attorney I use for Canada is Dennis McCrea. His number is 604-662-8200 x102 and his email is firstname.lastname@example.org. Let him know San Diego County DUI Law Center referred you.
I have also recommended Marshall Drukarsh out of Toronto who gives excellent service and advice. He can be reached at 416-862-7880. He understands the realities of border and can cut through a lot of the misinformation that surrounds these issues.
Generally, persons who have been convicted of a CRIMINAL OFFENCE in ANY COUNTRY may be INADMISSIBLE TO CANADA as a result of their criminal record. Even persons who do not require a Visa to enter Canada may still be refused permission to enter Canada if they are MEMBERS OF AN INADMISSIBLE CLASS.
Members of Inadmissible Classes include those who have been convicted of MINOR OFFENCES (including shoplifting, theft, assault, dangerous driving, unauthorized possession of a firearm, possession of illegal substances, etc.), or of INDICTABLE CRIMINAL OFFENCES (including assault with a deadly weapon, manslaughter, etc.). As well, those who have been convicted of DRIVING WHILE INTOXICATED (DWI) are considered Members of an Inadmissible Class. Driving while under the influence of alcohol is regarded as an extremely serious offence in Canada .
Those who have received TRAFFIC VIOLATIONS (including parking/speeding tickets, etc.) and other minor violations (i.e. littering, etc.) most likely will NOT be prohibited from entering Canada. Similarly, those who have JUVENILE CONVICTIONS (convictions for crimes committed while under age 18) most likely will NOT be prohibited from entering Canada unless they could have been tried as an adult for their offences.
TEMPORARY RESIDENT PERMIT, APPROVALS OF REHABILITATION, AND PERMISSION TO RETURN TO CANADA :
Those who have been convicted of an offence IN CANADA who wish to return to Canada must first apply for a PARDON from the CLEMENCY AND PARDONS DIVISION OF THE NATIONAL PAROLE BOARD. A Pardon permanently erases the Canadian criminal record, and any consequences of inadmissibility resulting from it. Those unable to obtain a pardon may still apply for a TEMPORARY RESiDENT PERMIT. For more information on pardons, contact:
NATIONAL PAROLE BOARD,Clemency and Pardons Division,340 Laurier Avenue West, Ottawa , Ontario , Canada, K1A 0R1.
Those who have been convicted of an offence OUTSIDE CANADA , and have had 5 years elapse since the termination of the custodial portion (if any) of the sentence imposed (not the sentence served), may apply for a Minister's APPROVAL OF REHABILITATION. The Minister's Approval will permanently remove the inadmissibility caused by conviction.
Contact a lawyer in Canada or on the border to Canada. Ed Fiandach in Rochester may be able to help you and if he cannot, he will at least be able to refer you to someone that can help you in Canada. Good luck.
Thanks for your question.
The answer to your question is that Canada has a procedure where you can pay for entry with an old DUI. I don't believe that an expungement would help you.
I hope this helps, but if you have any other questions, please let me know. It's my pleasure to help advise you.
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