My girlfriend was arrested for a felony and found not guilty. Will she have trouble getting into Canada?
Topic: Canada papers
June 20, 2019 / By Addam Question:
POSSESS NARCOTIC CNTRL SUBST 01/10/2011 NOT GUILTY DISMISSED
That is her arrest record. It is a felony and it was dismissed for lack of evidence. Will she have trouble getting into canada by car? We are not planning on lying or anything shady. I keep reading about being asked "Have you ever been arrested?" and she will answer yes.
We will also bring the court papers to show the border guards.
Best Answers: My girlfriend was arrested for a felony and found not guilty. Will she have trouble getting into Canada?
Stef | 9 days ago
Since there is no conviction then she would not be inadmissible to Canada related to this.
As you say you will bring all the papers showing this information along with you when you seek entry to Canada.
The decision will be up to the Border Services Agent to make, but provided there are no other concerns with your reasons to come to Canada then she stands a good chance of being allowed to enter.
Excellent to be prepared and to have considered the situation in advance of going to the border.
If you still have concern you could contact the Canada Border Services Agency and ask the question directly to see if they suggest you do anything else.
👍 146 | 👎 9
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They are only concerned with criminal convictions and matters still before the courts (active prosecutions). Truth is, anyone can be accused of anything but if someone was not convicted it does not show up adversely on a crim check.
Now, certain matters may be cause for further screening but this shouldn't prohibit her from visiting Canada providing there isnt more you are not telling.
👍 50 | 👎 1
Here's the problem: Just like those entering the USA, there is no guarantee that you'll be accepted or rejected at the border when you try to cross. While border guards normally don't refuse entry applications for arbitrary reasons, they can and it does happen. I know people (American and Canadian) who were refused because the guard at the gate "had a feeling" about them.
I myself, with no record except for traffic offences, have been handcuffed and detained for questioning by border officials. No official reason, just a guard who had a feeling. When I asked one time if people can be refused as visitors at the border for small reasons, I was assured that I could be refused if someone with a badge didn't like the way I cut my hair.
You probably won't have a problem, even if you do have to answer a few extra questions. Bringing that documentation with you isn't a good idea, it's a great idea. Bring all of it and have it in order, just in case. If you really want to improve your chances, contact the nearest Canadian consular office and ask them if you can meet with them about it. If they say you don't need to meet with anyone in advance, great. But write down the date & time you called and who you spoke to, and keep that with you. Again, just in case.
If I were a betting man, I'd put my money on you getting across with almost no problem at all. That's not a guarantee, but it's a safe bet so I'd bet on you.
But for god's sake, don't have any ganja in the car when you cross.
👍 42 | 👎 -7
Doesn't sound like it will be an obstacle, not at all.
The regulations concerning criminal inadmissibility don't apply - as the individual is not a criminal and there exist no charges to recommend denial about.
"Immigration and Refugee Protection Act (IRPA), if you have committed or been convicted of a crime, you may not be allowed to enter Canada. In other words, you may be "criminally inadmissible"; this includes both minor and serious crimes, such as theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or alcohol."
So her being charged is a moot point as far as anything goes... the nature of the charge however will raise eyebrows. The caution, is even the slightest hint anyone has had anything to do with drugs is an instant red flag that is guaranteed to attract extra scrutiny... even just admitting you smoked a joint as a teen is all it takes to be banned. Criminal charges being totally beside the point.
"James Sward readily admits it: he has tried marijuana. More than once. He just never imagined it would get him banned from the United States.
On a recent trip to the U.S., border officials asked the British Columbia elevator mechanic about his drug history. He was honest. Maybe too honest, he said.
He admitted to getting busted carrying pot as a teen – though he was never charged or convicted. But when he admitted to smoking the drug, he was flatly denied entry and banned.
“What I tell people is, you never want to admit, ever, ever using or possessing illegal substances such as marijuana,” Len Saunders said. “(If you get banned) you could require a waiver for the rest of your life.”
Saying 'I was charged but found entirely innocent' is advisable; her saving grace is being found 'not guilty' proves her innocence. You'll get put under a microscope most probably as a result though.
👍 34 | 👎 -15
contact border control and ask them. if u show up lie or not Canada shares all that info with America
so they will know when passports are scanned.
👍 26 | 👎 -23
with a view to be "rehabilitated" you ought to first be inadmissible. possession of marijuana (below 30 grams) is a precis offense in Canada. you will possibly choose for 2 precis convictions with a view to be inadmissible. the quick answer is, you should be high quality if that's the only element on your checklist.
👍 18 | 👎 -31
Muddy, it is still on the record, and will show up when an officer scans her passport, I do not see it as a problem as she has not been formally convicted of a crime, but it will still show up. Muddy, she should carry a copy of the dismissal with her, and be honest and up front with the officer if the questions are asked.
👍 10 | 👎 -39
If she's not guilty, that means in the eyes of the law, she didn't do it, so there should be no impediment to crossing the border.
👍 2 | 👎 -47
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