Can I go to Canada after a Plea in Obeyance?

Question

I am entering into a plea in obeyance agreement to a felony charge against me tomorrow in court. I am being allow to move to another state for work as part of the agreement. I understand a plea in obeyance to mean that I plead guilty, but a felony conviction will not be put on the record unless I violate the terms of the plea in obeyance. My question is, can I get into Canada to visit my fiance? I am assuming that no felony will show when I get to border crossing. Will any record of the felony charge even show up at border crossing?

This is a 1st degree felony that was dropped down to a 3rd degree felony. It is for posession of a controlled substance. (Cough Syrup with Codene). I have no criminal record. Never been arrested prior to this. Never even gotten a speeding ticket.

Answer 1

Why do Y! members insist on guessing at answers to legal questions that have serious implications for conduct and could lead to life-destroying mistake if wrong?

Both the USA and Canada have laws that make convicted personsd excludible if the conviction is a crime punishable a felony in their country. Waivers can always be obtained with good facts. In Canada DUI is a felony. Certain drug convictions are not. I am not a criminal defense lawyer and can't opine on your specific situation, but I can link you to references:

http://www.canadatourism.com/ctx/files/publication/data/en_ca/industry_relations/fact-sheet/entry_into_canada_for_foreign_nationals_2002_03/CTC%20Fact%20Sheet%202004-02%20En.pdf (PDF; fact sheet for entry into Canada with criminal convictions or equivalent -- READ THIS!)
http://www.1800duilaws.com/article/travel_to_canada.asp (DUI)

And here's the official word from the Canadian Consulate in Anchorage:
"Canadian law prevents some persons from being admitted into the country. Those who have committed or been convicted of a criminal offense, including driving while impaired or DUI, may be prohibited from entry. For details, including instructions about overcoming inadmissibility, please visit http://www.international.gc.ca/can-am/seattle/rightnav/temporary_instructions-en.asp "

You have not, or not yet, it seems been convicted. Nor (assuming you are being allowed to travel by the authorities) are you a fugitive. Furthermore you may not even be asked for ID; it all depends on which crossing you use, how you cross and how busy they are.

Hope that helps.

Answer 2

Passport is the only requirement to enter Canada and the criminal record is not attached to it. Thus, you can validly go to Canada after your plea.

Answer 3

No I dont think so