The U.S. - The New No-Fly Zone for Record Holders

On March 23, 2011, “Bill C-42: An Act to Amend the Aeronautics Act” received Royal assent and became law in Canada. Prior to passage of the amendment, the Aeronautics Act already permitted airline operators to share passenger data with foreign agencies that govern an international flight’s destination. This new amendment extends this information sharing by allowing the airlines to share passenger data with US transportation authorities for any flight that enters US airspace, even if that flight never touches down on US soil.

So what does this mean for the traveling public in Canada? Practically speaking, it means carriers must comply with the US Secure Flight Program by providing Passenger Name Records (PNRs) to US authorities for passengers ticketed on flights originating in Canada that either enters US airspace or that have an emergency alternate landing site in the US.  The PNRs are provided to US authorities 72 hours in advance of departure for the purpose of screening against the Terrorism Screening Center’s No Fly List prior to boarding. If US authorities deem that a passenger represents a security risk, that passenger will be subject to additional screening and may be denied boarding.

There have already been documented instances of travelers being denied boarding in Canada as a result of this new legislation. Unfortunately there is little that the traveling public can do in advance of departure to ensure they do not run afoul of the new policies. If a passenger has an existing redress number issued by the Department of Homeland Security then providing that information at the time of booking should prevent problems on the day of departure, but for travelers who have never had problems before (and who would therefore not have a redress number), there now exists this additional source of concern that their ability to travel 

domestically or internationally is ultimately at the discretion of the US Government.

Travel Services should inform their clients of this change in regulation and suggest that a Criminal Record Check, a U.S. Entry Waiver or a Canadian Pardon are services and rights that are available to all Canadians. 

Dusting for Prints – Increased Fingerprinting and Criminal Record Checks Delays Hiring

 The prospect of having one’s fingerprints taken as part of the job application process can seem intimidating, to say the least. Not only could a person be taken aback to learn that all information provided on a resume and during an interview would not be sufficient to make a hiring decision, but he could also be somewhat unsettled to learn that a criminal record check, and sometimes a credit check as well, must be undertaken.

The RCMP’s Canadian Police Information Centre (CPIC), a national database, contains a range of useful information maintained primarily for law enforcement. Increasingly, though, it is also an important source of information for employers screening new hires and prospective promotions because it is the only national database of criminal records.

Alternatively, through a “local indices check,” a check of police files and occurrence reports within a region, a broad range of information can be provided. However, the RCMP has issued an interim policy directing what local police forces can say in response to basic searches based on a name and date of birth search alone. If an individual is found to have a record based on such a search, the response is to be:

Based solely on the name(s) and date of birth provided, a search of the National Criminal Records repository maintained by the RCMP could not be completed. In order to complete the request, the applicant is required to have fingerprints submitted to the National Criminal Records repository by an authorized police service or accredited private fingerprinting company. Positive identification that a criminal record may or may not exist at the National Criminal Records repository can only be confirmed by fingerprint comparison. Not all offences are reported to the National Criminal Records repository. A local indices check may or may not reveal criminal record convictions that have not been reported to the National Criminal Records repository.

This qualified statement is deemed necessary to ensure accurate identification. But there is no expeditious process to verify a criminal record. The RCMP’s current verification process can take more than 120 days to complete. The process requires the individual to go to a police station or other certified fingerprinting service. Furthermore, the results of this drawn out process are delivered to the employer – not the prospective employee – not allowing for a chance to explain or justify any erroneous circumstances.

This time factor has significant impact on employers to be sure. The potential delays in making hiring decisions will prove problematic: Will employers risk waiting to hire verified candidates, only to possibly lose them to other employers? Will they bear the risk of hiring non-verified applicants on an interim basis?

Employer reliance on local indices checks is concerning, to be sure. They take time, as we know, but they also leave questions about coverage and human rights compliance – the process needs to be fair and justifiable, both ethically and legally.

Avoid the issue before it becomes detrimental. Get a criminal record check and if there is a need and the situation allows apply for a Canadian Pardon – it is a right of every Canadian. With a pardon no employer will be able to see previous convictions on the search mentioned above. 

Weeding Out the Criminal Record with a Pardon

“Maturity,” “sophistication,” “wisdom”: The adage youth is wasted on the young comes to mind when one realizes that maturity makes a person less innocent, after sophistication results from education, when wisdom yields good judgment and insight.

Here is the story of one Canadian having realized more fully the effect of using marijuana and the benefits of discontinuing the habit.

He was charged with his offence when he was just 19 years of age, in his first year of university. He was apprehended coming off the train with an amount of marijuana and some cookies. At the time, he used marijuana as a stress reducer but has since stopped.

Since his conviction, he has gone on to get his degree in computer science. After graduation, he started working as a technical support representative for a consulting company and was promoted to a technical lead position after just one year. About two years later, he moved to the Maritimes where he currently works as a software support representative.

A pardon has helped him to be able to apply to a broader scope of employment opportunities that previously were out of reach due to his criminal record. The background checks that potential employers might perform will now provide a clean slate with which he can move forward. His U.S. entry waiver will also allow him to travel freely to the U.S., which is required on occasion at his current job.

If you are in similar circumstances yourself, Contact Pardon Services Canada for help. You too can gain the wisdom that he most certainly has.

Sun of a Beach...Criminal Record Limits Travel

Canadians love to travel. This fact is reflected in the number of Canadians currently holding valid Canadian passports increasing to 60 percent from only 36 percent in 2005. Although the recession in 2008 kept many from travelling the way they would have liked, some choosing to pursue the “staycation” while the economy was sluggish, the number of people traveling has since rebounded.

During the 2010/2011 winter travel season, 10 percent more Canadians travelled to the US than the previous year, with Hawaii proving to be the one of the most attractive places. The US is a top destination for Canadians. In fact, several US locations are currently on the list of the top 25 beaches in the world for 2011. Unfortunately for some would be travelers, a Canadian criminal record limits your ability to travel to the US.

Travelling abroad has also seen a resurgence. In the winter, Canadians love the sun, choosing R & R on beaches and cruises. And during the other seasons, destinations like Mexico, Cuba, Britain, and China are increasingly popular. To take advantage of lower flight costs, a significant number of Canadian travelers are now going to the US for flights to US destinations and around the world.

Quite apparent is the position that the US holds in all these ventures. A predominance of travel is either to or through the US. What a shame it is that so many Canadians cannot even consider pursuing their dream vacations because they have a criminal record. Only through getting a pardon to remove that criminal record and receiving a waiver to gain entry into the US will that dream become a reality.

Seeking A Pardon Is The Only Recourse To Removing A Criminal Record.

Since 1970, over 400,000 Canadians have been issued pardons. 96% of those recipients have remained crime free in our communities. Why have so many Canadians endeavored to obtain their pardons, ridding themselves of their criminal records? Once people convicted of a crime have completed their sentence, paid their fine, or complied in any other way that the courts have ordered, shouldn’t they feel relieved? Shouldn’t they be able to put their mind at rest knowing that they have “paid their dues” and can now move forward and re-establish?

The fact is that everyone wants to undo errors in judgment that led them to having a criminal record. Get a new job, volunteer at their children’s school, coach a sports team, adopt a child, change one’s name, maintain custody of children during separation or divorce, these opportunities and others are not possible unless their criminal records are sealed through obtaining a pardon.

In addition, they most likely seek respite from the physiological and psychological impact of the burden that a criminal record causes. Not only do they want to move forward, they also want to gain peace of mind. When confronted with the procedure of undergoing a criminal record check while being considered for a promotion or a new job, while wishing to be able to volunteer for community endeavors, while worrying about friends or neighbours discovering the past: The stress can and does cause physical and psychological trauma. Anyone has the opportunity to have their record checked and should do so for peace of mind.

The RCMP is the only body in Canada with the authority to perform criminal record background checks. Employers are increasingly using criminal record checks, through the RCMP, when qualifying prospective and current employees for new hires and promotions. An otherwise qualified person can expect to be turned down, even if the conviction was for a seemingly insignificant offence that happened long ago. That record exists and can be seen by employers. Even more unsettling is the fact that some companies have started applying their new criminal record policies retroactively. Long-term employees have been dismissed because of a minor, old offence.

Receiving a pardon enables a person to live just as if he had never committed a crime – a pardoned crime will not be disclosed on a criminal record check provided by the RCMP. A clean criminal record is a requirement for moving forward, and applying for a pardon is the route to follow. Obtaining a pardon is a long process, so it’s best to start well in advance. Seeking the assistance of a pardon services specialist will make that process easier and provide the assurance needed.

A Straight Life Is The Best Life - Leading By Example

“Success”: favorable termination of attempts; attainment; triumph; fruition – the concept, regardless of how it is defined, always produces a positive, anticipating, elating feeling.
No matter how minor or serious the circumstance might be that a troubled person is contending with, to feel a measure of success when having overcome the consequences is uplifting to say the least.

Here is a brief story of a woman who, after overcoming a controlling drug addiction, has become successful and content and has gained a renewed sense of well being after receiving her Canadian pardon.

As a young woman she was introduced to drugs, which led to a life of destruction, as is so obvious. She worked hard to totally dissociate herself from all involvement with crime or past associates. She is very remorseful when looking back and realizing all those wasted years. She has not indulged in drugs or alcohol for nearly twenty years. Her goals now are to continue teach her family by example - that a straight life is the best life. And to continue to grow - by helping her community thus achieving self-fulfillment.

She has done a complete turnaround with the love and support of her family who have helped her overcome her past. She has lived a quiet life, caring for her grandson while her daughter worked and her elderly mother. She also taught illiterate adults to read and write, a most valuable experience as she was helping not only herself, but others as well.

A pardon from Pardon Services Canada has given her the freedom to travel with her family to the U.S. on holidays. She no longer lives with the fear of someone in the community finding out about her past, which she so regrets. She also has been given the opportunity to do volunteer work that her criminal record had previously prevented.

If you are in similar circumstances yourself, Contact Pardon Services Canada for help applying for and obtaining your Canadian criminal pardon. You too can gain the peace of mind and a second shot at living a life free of a criminal record.

Everyone makes mistakes. Don’t let your past limit your future.

Realizations When You Remove Your Criminal Record

At Pardon Services Canada, we deal with people from all walks of life. The one common element they all share is a spot on their record from the past. In order to move on with their lives without hassle as a result of this record, obtaining a criminal pardon is the logical next step. This opens up a myriad of opportunities.

Here is a assorted list of things people realize when they Remove Their Record.

Peace of mind
The most important reason to remove your criminal record is to take that weight off your shoulders once and for all. Relax and simply move on with your life, at long last.


Family vacations
Wouldn't you like to take your family somewhere other than Canada? With your criminal record expunged, and waiver for the US organized, you can travel without hindrance to places you have dreamed of traveling to.

Self forgiveness
We are hardest on ourselves. If you are in a position to be forgiven by the law, your society and the world, it is time to forgive yourself as well. Removing your record will erase that part of your past, and the darkness on your mind, once and for all.

Some sayings/quotes make more sense now
Some famous quotes surround the issue of pardons and forgiveness.
Here are a few:

To err is human, to forgive, divine.
Alexander Pope
Essay on Criticism

Forgiveness is better than revenge.
Pittacus of Mitylene
Heraclitus

I pardon him as God shall pardon me.
William Shakespeare
The Tragedy of King Richard the Second (King Henry at V, iii)

The weak can never forgive. Forgiveness is the attribute of the strong.
Gandhi

Forgive thyself little, and others much.
Leighton

Always forgive your enemies--nothing annoys them so much.
Oscar Wilde

Lesson from history
When the first George Washington was young, he chopped down a mature cherry tree in his backyard. His father was furious, and when asked if he had done it, he said: "I cannot tell a lie..I did cut it with my little hatchet." The tale is famous because it not only told of the importance of truth and honesty, but also the folly found within every man, and the forgiveness we all gain over time. This young boy overcame the stigma of a small transgression to become the most powerful man of his day.

A new leaf
People change. While we may have been more reckless and wild in our youth, we mellow with age, we mature, and we become more responsible. It is unfair and unnecessary to carry a stigma throughout your entire life from the indiscretions of your youth. Forgiveness is forgiveness, and people are allowed to learn and grow. Without pardons, there would be no forward progress.

Privacy
In some provinces, one person can explicitly request another person’s criminal record. Your business should be your business, especially if you have already completed your sentence – whatever it was. With a pardon, your record will be hidden, and your past forgotten and inaccessible.

Closure
Simply knowing that you have a criminal record can be a stressful burden. It can create tension, both real and imagined, with family, friends and loved ones. With your record removed once and for all, you can breathe easy again.

A good night's sleep
Worrying about the ramifications of a having a criminal record can keep you up at night. Will my boss find out? Should I tell my family? How will I cross the border? Will they know? Is it really worth it? If you have your record expunged once and for all, you will be able to rest easy.

Canadian citizenship
If you are not a Canadian citizen, you still can have a Canadian criminal record. This can be a problem if you have been waiting for your citizenship papers to come through, or if you have loved ones in the country dependent on you. It is impossible to gain citizenship with a criminal record, unless, of course, you acquire a pardon first. If you are a landed immigrant and you get a record, you could be faced with deportation. Don’t let this happen. Contact us first.

Everyday hassles
If you are pulled over by the police for any reason, they can run your name and see that you have a criminal record, no matter when it happened. Customs officers also have access to your record; even if you cross the border to go shopping, they can see everything. With a pardon, these records are removed from view and awkward explainable situations are eliminated.

Education
More and more programs require that you complete a criminal record check before applying. A pardon can keep your files separate so that your record will not appear in a search and you can further your education based on your merits.

Bondability
There are many jobs that require an employer to take insurance out on their employees. Security agencies, banks, even most moving companies will ask you to be bonded. While having a criminal record may not prevent you from getting the job outright, it is more expensive for an employer to bond you with a record, so they may choose to go with the other candidate simply because he/she does not have a record (or already had their record removed!)

Adoption
You may not be allowed to adopt a child if you have a criminal record. Often, people are not aware of this stipulation and find out too late that their record is in the way. It is best to remove your record far in advance, to keep your doors open for the future.

Finally bury that skeleton
Many people live with a criminal record as if it is a skeleton in a closet. They don't want to talk about it. They just want to pretend it isn't there at all. Unfortunately, sometimes your past can come back to haunt you, and often at the most inappropriate times. Family vacations, business trips to the United States, and nosy people prying can bring a forgotten record back to life. Sometimes, it's easier to just have it gone – for good.

Future employment
Many employers ask for a background check before you begin working. Positions may ask that you be “bonded,” which means that you must have no record on file. In this uncertain market, it is advisable to not only have an updated resume, but take the time to have your record expunged so that you do not eliminate yourself from new or future opportunities or advancement.

"Spot checks" at the workplace
Companies are known to cull the heard. It is becoming more common for employers to do a criminal background check on their current employees. Overnight, you could lose your job. It happens. Get a pardon.

Volunteering
You may not be able to volunteer for many worthy causes with a criminal record. With a pardon, your record will be sealed and you will be able to maintain your social responsibilities.

International travel
Canada is a diverse nation of diverse people. While our country is truly fantastic, do not limit yourself from seeing the world! You may not be able to travel outside of Canada with a criminal record.

Now just think.

How many of things on this assorted list apply to you? You are not alone. Infact, 13% of all Canadians have a criminal record. Even if you do not have a criminal record, chances are that you know someone who does.

Either way, there is great news. Pardon Services Canada can help you. Actually, we guarentee that we can help you get your pardon - or your money back. Our success rate is 99%.

If you are serious about taking the next steps, or you just need a little more information, call us now. We have a specialist for you - no matter what your record. Call 1-8-NOW-PARDON. Let's remove your record!

Options should you be stopped at the U.S. border.

Here is a brief summary of an article that recently appeared in The Globe and Mail. To read the original article, please follow the link at the bottom of this summary.
What should you do if denied entry because of a criminal conviction, perhaps one that happened decades ago?

Consider this hypothetical experience: Imagine you're at a U.S. Immigration checkpoint, travelling to attend a meeting or convention, close a business transaction, or take trip to Disneyland. A U.S. Immigration officer discovers that you were involved in a “criminal matter” years ago.

If you’re denied entry to the United States, your travel plans may be jeopardized, and it might even have a detrimental effect on your career – travelling south of the border is what many Canadian business people do occasionally as part of their jobs.

If so, here’s a word to the wise: Don’t panic. It’s understandable that you might become nervous in such a situation, appearing suspect to the U.S. Customs and Border Protection officers. It might even be tempting to ramble on in a way that makes an officer suspicious. Others might lose their cool and display a bad attitude. None of these reactions would prove beneficial and could result in refusal of admission.

So if you’re questioned about your prior criminal history, think carefully before answering, and remain calm. Instead, fully disclose all your arrests and convictions, including any “minor indiscretions” that might have happened long ago as a youth or young adult.

U.S. immigration laws outline specific categories of crimes and offences that generally categorize inadmissibility offences. Canadian travellers can find themselves questioned about their inadmissibility for instances in their past involving either drug-related offences (controlled-substance violations) or crimes involving dishonesty (crimes involving moral turpitude). There are exceptions to the rule, though, and recalling as many facts as possible may allow you to make your originally scheduled flight to the United States.

Even in the event that you’re turned away that day, there’s still hope. You may be able to apply for a Non-immigrant Waiver of Inadmissibility to the United States. Or you may have to provide court records demonstrating that the inadmissibility provisions of the U.S. Immigration and Nationality Act don’t apply in your case.

Even if you are not technically inadmissible to the United States, you may require advance assessment by the U.S. Customs and Border Protection Admissibility Review Office to advise of your admissibility in the form of an official letter.

So stay calm, don’t panic, and don’t do anything foolish. Work within the system, and if necessary, work with an expert and chances are you’ll be able to return to the United States without having to worry.

Read the full story Denied entry to the U.S.? Don’t panic. by Tony Wilson as it appeared in the Globe and Mail.