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My spouse got a DUI about 9 years ago, he has heard that if he goes to Canada, and they find out his record, he will be arrested unless it is at least 10 years after the infraction. BTW it was not a felony DUI...

2007-03-29 15:17:45 · 3 answers · asked by daquimops 3 in Travel Canada Other - Canada

3 answers

You can apply after 5 years. 10 years it is forgotten completely. And only felonies. And there wouldn't be consequences like arrested, as long as he told the truth.

2007-03-29 15:32:41 · answer #1 · answered by JuanB 7 · 0 0

Felonies require a pardon to be wiped from your record - but they do not always clear your record as far as other countries are concerned. Lesser convictions (like a non-felony DUI) have a definite statute of limitation - as long as there is not a subsequent conviction, it will eventually 'fall off the table'. If there IS a subsequent conviction (like a second DUI), the clock starts FROM THE SECOND CONVICTION and has to extend to the 'forgive-and-forget' date to wipe EITHER conviction from the record.

A DUI (or DWI) is not considered by itself to be a felony. You'd have to have done some serious damage as well (like killed someone while driving, or a hit-and-run, for instance) to move into the felony category.

However, it IS a criminal conviction. And that means that ANY country (including your native one) has the right to refuse you entry as long as you have a criminal record!

In most cases, the customs officers will overlook your DUI and allow you to enter - as long as it is reasonably certain that you won't do something similar in their country. There are TWO exceptions that I know of to this: one is the US and one is Canada. (A DUI/DWI in the other nation will effectively close the border to you, if it comes up on the border check).

Remember, the problem is not in the travelling ... it is in being allowed into a country ONCE YOU ARRIVE.

And Canada will not arrest him (unless he was convicted but didn't pay the fine or do the time) for a US-based DUI. On the other hand, a subsequent infraction in Canada MAY get him deported in short order, since he already has a 'record' of this sort of behavior.

2007-03-30 08:21:10 · answer #2 · answered by CanTexan 6 · 1 0

Criminal Records Database : http://CriminalRecords.InfoSearchDetective.com

2015-01-09 15:11:01 · answer #3 · answered by Frieda 1 · 0 0

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