Entering Canada with 20+ year old DWI

  • TheFamousGrouse
    St. Paul, MN
    Posts: 11006
    #2209275

    I have a friend coming with on this year’s trip to the fishing camp in sub-arctic Ontario. In the process of getting his passport and other things, one of his friends says to him, “Say, you’ve never had a DWI, have you? They won’t let you in.” Uh-oh…

    In his case, he got a DWI when he was 20, which was 21 years ago.

    Is a DWI that’s more than 20 years in the past going to be an issue without going through the long Canadian official rehabilitation process? He hasn’t had so much as a parking ticket since that incident, absolutely nothing.

    I don’t recall that I’ve ever even been asked about a DWI. Do they get some kind of instant check when they take your passports?

    Anyway, trying to figure out how big of a problem is a DWI this old when entering Canada. All info appreciated.

    buckybadger
    Upper Midwest
    Posts: 7253
    #2209277

    I can’t offer specifics, but I have a buddy who went 2 years after receiving one. He wasn’t questioned one bit. We had an alternative plan if he was denied, but he was sent right on through with the rest of us in the trucks. This was 2017 or 2018 I believe

    biggill
    East Bethel, MN
    Posts: 11297
    #2209285

    It can be a big problem. If they ask him if he’s been convicted of a crime he needs to say yes. If he says no, he is lying to them and will almost certainly get sent home. He could even get banned from entering Canada for lying. It’s not worth the risk.

    If they don’t ask if you’ve been convicted of a crime, don’t offer them that info. Only if they ask. Sometimes they don’t ask at all.

    If they do ask and he says yes, the DWI was his only crime and it was a misdemeanor and not a gross misdemeanor, they will likely give him a 15 minute lecture and then issue him a temporary resident permit. This is their protocol as long as they feel you’ve all been truthful. This is sort of your one time free pass into Canada and they will tell him to complete the rehabilitation process before trying to enter Canada again. If he tries to enter Canada again without going through the rehabilitation process, he will likely be deported and banned from entering again.

    A few years back when Canada decriminalized weed, they adjusted their laws and DWI is now a more serious offense than it was previously. This means that the 10 year waiting period they once had for DWI charges is no longer a thing. You used to be deemed rehabilitated after 10 years of the end of your sentence. That is no more. You must apply for rehabilitation and that takes months, sometimes years to be approved.

    Another option is to get his record expunged. Not likely to happen quickly though and not sure what that would cost. Rehabilitation would cost around $700 USD.

    The only other avenue is to apply for the temporary resident permit now before you go. I think they’re $200 if I recall correctly. I wouldn’t do this because they’re supposed to offer you this option when you get there if it was your first time trying to cross.

    I’m sorry but it’s a total gamble if you haven’t completed the rehabilitation process. I know people that have been turned around for DWIs more than 20 years old mainly because they lie or said they “forgot”. Forgot is not an excuse.

    Gitchi Gummi
    Posts: 2704
    #2209288

    Have him apply for a RABC permit and see what happens. Could be a good indication of what might happen at the border with his record and at least you’d know ahead of time rather than gamble an entire vacation plan on it.

    The RABC permit costs something like $30 and I got mine within 24 hours of applying this last spring.

    Like others mentioned, be 100% truthful in answering the questions.

    FinnyDinDin
    Posts: 723
    #2209289

    Most of the border crossing info you will get on forums is hearsay. Been that way for years. Bigdill’s post is a perfect example.

    First of all they hardly ever run criminal records when you cross. I’ve crossed dozens and dozens of times and have had my record checked twice. If they ask you the handful of questions and send you on your way your record hasn’t been run. If they say park over here and come in to the office and you have to sit there for a half hour they are running your record.

    I was no angel in my younger years and no questions asked when my stuff was run. Last time we were run I was with one person who had two dui’s and the other had one but both over 10 years. No questions asked after they ran records. 10 years is the look back but ultimately it is officer discretion.

    I would not be concerned about a dui that old if the rest of the record is clean. It is officer discretion and I’ve heard some crazy first hand stories about people being turned back for super old offenses or some other BS but I think there is more to the story about how they handled things and/or the officer was having a bad day. If they question you on stuff just be honest and stay calm. I know of some that have got turned back because they were too nervous and the agent didn’t trust em.

    Do not worry about it. You will be fine. Have fun in Canada.

    John Rasmussen
    Blaine
    Posts: 5355
    #2209302

    Agree with Finny on this one, I have crossed the border several times and had 2 DW’s a long time ago. Most of the time just got the questions and sent on our way. The only time we got checked was coming back in, they had me pull up and park, had us go inside while they checked the truck. One of the agents asked me if there were any weapons in the vehicle to which I said no. She comes back in after searching the truck and says no weapons huh, I started to get worried, she says I counted no less than 7 knives in your console. Luckily she then started to smile and I knew we were ok. The weird thing is when they ran my plates it showed up as a GMC Jimmy instead of a Yukon and that delayed us for a few minutes but no big deal. I wouldn’t worry about it, I have never been asked about committing a crime.

    Michael C. Winther
    Reedsburg, WI
    Posts: 1480
    #2209307

    he’ll be fine.

    if they ask: absolutely say “yes” and provide the date. since it was 20 years ago he’s automatically considered rehabilitated from a DUI (this doesn’t apply to other kinds of crimes). they might make you wait while they run a background check, but most likely they’ll send you on your way.

    in December 2018 the law changed and there is no longer automatic rehabilitation, but that only applies to DUIs that occur after that change to the law.

    Timmy
    Posts: 1185
    #2209311

    From first hand experience resulting from stupid college age decision making, I found myself in this exact situation in the past. I went through the paperwork for rehabilitation, and on the last page, it stated that longer than 10 yrs with no other offenses (if the original offense was a simple dui and nothing else) would deem you re-hab’d with no further action required. I called CA immigration – whatever number was listed at the bottom of their form. The french accented fellow I spoke with told me that since over 10 yrs had passed(from the time ALL probabtions/stipulations are complete), that I was considered rehabilitated and no paperwork,fees, etc was necessary. I have never been turned away when crossing, and thats in excess of 100 trips across ……

    CaptainMusky
    Posts: 19403
    #2209312

    THere are two guys that go on our trip that have had DWIs in the past not quite 20 years but close. They get in each year without trouble and I dont believe they are even questioned about it. I would however prepare in the event he isnt able to get in so the whole crew isnt inconvenienced so plan an extra vehicle if possible.

    big_g
    Isle, MN
    Posts: 21849
    #2209313

    Got a DWI in 1998… went through customs at least a dozen times since then.. never comes up. I do believe you are considered “reformed” after 10 years. Just answer honestly if they ask… in your buddies case… “I had a DWI in 2002 and nothing since”… enjoy your trip ! (they want us traveling there again)

    weedis
    Sauk Rapids, MN
    Posts: 1014
    #2209315

    Does he have anything else on his record? If it’s just one dui then he will most likely be fine. I tried going to Canada for work early last winter but was denied entery. It was a combination of offenses that happened 18 plus years ago, one of which was a dui. If it was just the dui, I would have been granted entery according to the border agent. None of the offenses were felonies in the states but It’s how the mounty views them according to Canadian law. As I mentioned this was for work so I do think they dig into personal history a little deeper then say going up for fishing. Canadians are very protective of their jobs. I hand a pile of paperwork with me from my diploma to a letter from our companies canadian office manager, still a no go. It doesn’t hurt to try and see if he will be granted entery prior to going.

    I now have to apply for rehabilitation

    Hodag Hunter
    Northern Wisconsin
    Posts: 468
    #2209333

    It’s been about 20 years but…. My buddy had a dui. We heard the same thing. We wanted to go only to a friends cabin on the Canadian side of Rainy. So I called Canadian Customs where we we crossing (Fort Frances). I was told it was a case by case basis. I gave him the details. He did get in.

    Maybe call Canadian Customs where you’re crossing. ????

    tswoboda
    Posts: 7783
    #2209342

    You’ll be fine – like said if questioned just don’t be a richard.

    I crossed at least 50 times while deemed inadmissible (that’s what they call it) during my 20s due to some poor decision making in my teens. I called many times to ask and every time was the same answer: I was deemed inadmissible to Canada and would be turned away if I tried to cross the border, and I can apply for rehabilitation 5 years after my probation ended. I went anyway and made it in every single time. I was heavily questioned on it only one time when I was 20 (less than 12 months after conviction) at the Warroad crossing, like interrogation room tell me about your entire life history and every interaction you’ve ever had with a police officer or judge. After interrogation I was offered a Temporary Residence Permit for 200 CAD and told it would be a one time option… do not try to come back until I can apply for rehabilitation in 5 years. I still went back a few months later and have only been questioned on it 1 time since. That time they basically called me in and said hey what did you do and I told them the story and they kinda laughed and said you’re an idiot, have a good trip. Never actually applied for rehabilitation and have never had an issue in the last 10 years.

    I have heard many 2nd hand stories of being denied entry, and all of them involved the accused being a Richard.

    fishthumper
    Sartell, MN.
    Posts: 10729
    #2209354

    From my experience and a buddies experience I’d say Biggills reply is spot on. Yes there are a ton of people who have a DWI ( rather recent or really old ) who pass right through without any issues. But I also know of a few who have been denied entry and turned back. Sad to say but its really hit and miss. I have a Buddy who has done the process the correct way every year ( Proper paperwork completed by a Canadian Lawyer ) he still often has problems, but has always got in. He is told starting next year due to the time since the DWI that he will get one last document that he will use going forward and does not have to complete the Temp. resident paperwork he has had to complete. I would say to just be aware it may be a issue and the guy denied entry. Have a plan in place if that happens. The whole issue really sucks. But once again ” Their country, their rules ”
    I also agree. Don’t offer any additional Info. Just answer the questions they ask truthfully. If you are caught answering untruthfully, it will not end well. There was a guy in the office once that got caught in a lie. He was told he was flagged and in the future every time he enters he will be searched and questioned. This was a Canadian citizen who was entering back into his own country.

    big_g
    Isle, MN
    Posts: 21849
    #2209358

    Proportion….. blown out of. coffee

    deertracker
    Posts: 8967
    #2209359

    Grouse, If he does not get in let me know and I will help. I’ll help by driving up there and taking his place. He can drive my car back… woot
    DT

    fishthumper
    Sartell, MN.
    Posts: 10729
    #2209361

    Grouse, If he does not get in let me know and I will help. I’ll help by driving up there and taking his place. He can drive my car back… woot
    DT

    We once had to take a guy who was denied entry to the nearest car rental. He rented a car and drove home while the rest of the party continued on. Not good. Not a lot of options when someone gets denied entry.

    John Rasmussen
    Blaine
    Posts: 5355
    #2209362

    Grouse, If he does not get in let me know and I will help. I’ll help by driving up there and taking his place. He can drive my car back… woot
    DT

    Solid offer DT. I to might be available too! jester

    3Rivers
    Posts: 940
    #2209374

    The simplest answer is that there is no right or wrong answer. Solely up to the discretion of the agent and his or her mood that day. Solid chance it won’t be an issue, but about as accurate as a weather forecast.

    I’ve seen both scenarios happen (drive right through and turned away).

    big_g
    Isle, MN
    Posts: 21849
    #2209378

    Tons of reading about this on google, my buddy this, a guy I heard about and so on….but according the the Ca Gov’t, over 10 years, crime that carries under a 10 year sentence in Canada (DWI’s fall under 10 years) with a clean record, your rehabilitated and can enter. Like said, don’t be a Richard and I always am the one driving, showing confidence in my ability to do so safely since rehab. cool

    CaptainMusky
    Posts: 19403
    #2209379

    The simplest answer is that there is no right or wrong answer. Solely up to the discretion of the agent and his or her mood that day.

    This is true. This year we didnt even have to pay a duty on liquor and we were way over.

    biggill
    East Bethel, MN
    Posts: 11297
    #2209383

    Most of the border crossing info you will get on forums is hearsay. Been that way for years. Bigdill’s post is a perfect example.

    Not hearsay. First hand experience. But ok, crossing the border with a criminal record isn’t a crap shoot. Just lie your way across the border. What could possibly go wrong?

    fishthumper
    Sartell, MN.
    Posts: 10729
    #2209394

    <div class=”d4p-bbt-quote-title”>FinnyDinDin wrote:</div>
    Most of the border crossing info you will get on forums is hearsay. Been that way for years. Bigdill’s post is a perfect example.

    Not hearsay. First hand experience. But ok, crossing the border with a criminal record isn’t a crap shoot. Just lie your way across the border. What could possibly go wrong?

    100% agree. My experience is also first hand. For those willing to just take the risk, I say ” Great – Go for it ” I’d say probably 99 times out of 100 there will not be a issue. But someone has to be the other 1%. To the original poster I say good luck. Hope you have no issues and have a Great time.

    LabDaddy1
    Posts: 1738
    #2209397

    Canada a bunch of damn nazis moon

    big_g
    Isle, MN
    Posts: 21849
    #2209399

    My experience is also 1st hand.. 2 weeks ago I crossed with 3 other guys, we were over on booze and 2 of us (my rehabbed butt had one) had shotguns as we were contemplating bear hunting… we filled out the firearm declaration and paid the $20 fee and no duty on the overage booze. waytogo Never ran into a crabby agent… maybe if you make them into one….? doah

    stillakid2
    Roberts, WI
    Posts: 4603
    #2209457

    I cross annually to fish Angle Inlet, MN. In 2014, a man in my party, who’d been crossing since the 1970s, was flagged. He had two DWIs from the ’80s on his record. They told him that for $300, he could cross Canada to get to the Northwest Angle. They also told him that it would cost him $300 every time he crossed Canada unless he got the last judge to sign him off as rehabilitated. Well, turns out there was some mishap and while Canada could see his record, the judge told him he couldn’t do anything because his case file didn’t exist… lost in a fire or some BS… He still comes to Angle Inlet twice every year but simply reverted to driving his pontoon across the lake instead of dealing with the border agents. I love his argument of, “How does giving them $300 make me a lesser risk in their country?” 2014 was the only year I’ve seen any issues arise.
    This year? The border agent didn’t even run our passports. Looked at them, ran down the usual questions, and told us to have a good trip. We had a second vehicle behind us so we pulled over on the shoulder to wait and we were hardly stopped when the second vehicle came through. We got the story when we arrived at Jim’s Corner to call in our arrival to MN. They had handed the agent their passports and he asked where they were going, and the driver said, Prothero’s Post. We’re going fishing with those guys,” and he pointed to our vehicle. The agent handed their passports back and said, “Then be on your way. Have a good time.” We laughed when he shared this information because he’d been wondering what we said to be so highly thought of. We shrugged our shoulders and said, “We’ll never tell, but you can Google it.” Sometimes, ya gotta set something up for next year!

    The best was 2012 though, when my nephew brought his three-year-old son along. My parents, the 3-year-old’s great grandparents, had him in their vehicle and my nephew was with me. My nephew told the agent, who appeared to be a very serious individual with no time for pleasantries of any kind, that his son was with him, but in the vehicle behind us, and he got chewed out for not crossing with his child in the same vehicle. So, we pull over because we were told to wait. Passports were taken inside, but soon returned. “Don’t go anywhere,” he said.
    When my parents pulled up to the agent, he collected passports and asked questions, and then asked my great nephew, the three-year-old, when his birthday was. He just got a contemplating look on his face and replied, “Mmm… Saturday?” I’m told the agent almost cracked a smile and said, “Good answer.” He let us all through, but he reminded my nephew again to always keep the children with the parent(s). This was a June trip and the birthday in question wasn’t until October, and of course the agent knew a three-year-old probably wouldn’t offer an exact birthdate without being coached. That innocent answer still tickles our funny bones, and we think of it every time we cross the border.

    CaptainMusky
    Posts: 19403
    #2209480

    That is funny about the birthday! LOL Yes, always have your kids in your vehicle and always take off your sunglasses and only answer questions with a simple answer or a yes or no. Expanding on anything gets their ire up because they are not there for chit chat. I have found in the past the Canadian Border patrol was nicer, but we have had the same dude on the US side like 3 years in a row and he was nice as heck this year. I said as I was pulling up that I was going to kiss the curb like I do every year with my trailer tire and he said “you’re not the only one” and laughed.

    FinnyDinDin
    Posts: 723
    #2209484

    <div class=”d4p-bbt-quote-title”>FinnyDinDin wrote:</div>
    Most of the border crossing info you will get on forums is hearsay. Been that way for years. Bigdill’s post is a perfect example.

    Not hearsay. First hand experience. But ok, crossing the border with a criminal record isn’t a crap shoot. Just lie your way across the border. What could possibly go wrong?

    Bigdill, please point out where I said to lie your way across the border. I actually said the exact opposite.

    You are telling a guy with a 20+ year dwi to do the rehab process and apply and pay for a permit. If that’s your ‘first hand experience’ you wasted your time and money.

    Michael C. Winther
    Reedsburg, WI
    Posts: 1480
    #2209485

    Tons of reading about this on google, my buddy this, a guy I heard about and so on….but according the the Ca Gov’t, over 10 years, crime that carries under a 10 year sentence in Canada (DWI’s fall under 10 years) with a clean record, your rehabilitated and can enter.

    hmmmm.

    the Canadian penalties for DUIs increased in late 2018 as a compromise to legalize recreational marijuana. the maximum penalty increased at that time from 5 years to 10 years – so no longer under 10 years. that means that DUIs (even taking place outside of Canada) are now considered a serious offense and there’s no automatic rehabilitation. that doesn’t mean you won’t get in, it just means it’s not guaranteed.

    mine was in 1999 right after boot camp with no issues in the 24 years since then. i’ve crossed 2-4 times each year since 2009. i’ve only been asked about it once in probably 45 crossings.

    i do agree: be respectful to your border agent, tell them the truth, have a clean record, and you’ll be fine.

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