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Old 11-05-2017, 17:08   #31
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Re: Sailing with expunged felony?

go get a pardon..
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Old 11-05-2017, 17:14   #32
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Re: Sailing with expunged felony?

From the US Embassy site in New Zealand (bold added)
Quote:
Convictions for certain crimes may make you ineligible to travel to the U.S. with the exception of a single DIC/DUI (see below). The only way to know for sure if your criminal record makes you ineligible is to apply for a visa. Only a consular officer can determine your visa eligibility. Please note that New Zealand’s Clean Slate Act does not apply to U.S. visa law. If you have a criminal record and attempt to travel without a visa, you may be refused entry into the United States.
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Old 11-05-2017, 18:21   #33
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Re: Sailing with expunged felony?

Quote:
Originally Posted by mogulskibum View Post
Often when someone applies for residency in a foreign country one of the numerous documents they must produce is clean criminal record from their country's national police (the FBI in the US) that has been Apostilled by their country's Foreign Ministry/State Department.

In your situation, looking for a temporary visa, it is unlikely that you would need such a document, but... if I were in your shoes, I'd get a copy of my clean FBI record, have the State Department Apostille it, and carry it with me in case a question ever came up. I would also know how to contact the US Embassy and/or nearest US Consulate.

Here's the website for the State department office that does Apostilles:
https://travel.state.gov/content/tra...tications.html
I think this is the likely scenario at most borders. Unless you are applying for residency, I doubt you will have issues.
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Old 11-05-2017, 19:46   #34
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Re: Sailing with expunged felony?

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Originally Posted by boatman61 View Post
To my knowledge the only country you'd have a problem with as a Transient is the USA.. but as your a citizen I think you'll be just fine..
Ain't this the truth. America has become the shittiest place to call home for the down on their luck folks. Or people who just choose not to slave their life away like the many of us do. The land of the free my ass......
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Old 11-05-2017, 19:55   #35
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Re: Sailing with expunged felony?

Yes - beware of 'sucker questions' like "have you ever been convicted of anything". This one is actually an IQ test in disguise. Friend of mine, a professor, was on his way to a lecture tour in the US (from New Zealand) and was silly enough to tick the yes box, on account of a marijuana possession charge for a single J many years ago. He was immediately handcuffed and marched through the air terminal publicly and put on the very next flight back to NZ. The repercussions were considerable!

The answer is always "no, (of course not. Don't be ridiculous)". Those that actually plan to check just want you to save them the time....
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Old 12-05-2017, 06:58   #36
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Re: Sailing with expunged felony?

Just my 2 cents but I'm pretty sure if you are asked at the Canadian border you will probably be asked if you have ever been convicted of a criminal offence, the record for which has not been pardoned or expunged?
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Old 12-05-2017, 14:18   #37
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Re: Sailing with expunged felony?

Quote:
Originally Posted by nautitrix View Post
Just my 2 cents but I'm pretty sure if you are asked at the Canadian border you will probably be asked if you have ever been convicted of a criminal offence, the record for which has not been pardoned or expunged?
From the Canada Visa site
Quote:
. Under Canada’s immigration law, if you have committed or been convicted of a crime, you may not be allowed into Canada. In other words, you may be “criminally inadmissible.”

This includes both minor and serious crimes, such as:

theft,
assault,
manslaughter,
dangerous driving,
driving while under the influence of drugs or alcohol, and
possession of or trafficking in drugs or controlled substances.
You can find a list of criminal offences in the Criminal Code of Canada and the Controlled Drugs and Substances Act.

If you were convicted of a crime when you were under the age of 18, you may still be able to enter Canada.
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Old 12-05-2017, 15:51   #38
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Re: Sailing with expunged felony?

Quote:
Originally Posted by Paul L View Post
From the Canada Visa site
I'm not sure where this quote is from but the key word is MAY, not WILL. If you are coming in to Canada and have a pardon (expungement)? for a minor offence from 20 years ago, I doubt very much you will be denied entry. This is very much the same in the United States, so go a little easy on yourselves my American friends. If you have the means to leave, return ticket etc. and you are not interested in immigrating you will probably be fine. We do live in a post 911 world but all sanity has not been lost. Recently I tried to get a visa to cruise in the US. and was told "why get a visa?" you are Canadian, just get the cruise permit", by a Homeland Security Officer. I have a minor conviction with pardon, from thirty years ago and never lie. I tell the truth and it has never been an issue anywhere in the world. The only time I have had to produce a police certificate was for a work permit in St. Lucia, the pardon cleared the record on the police certificate, no issue.
Just go, and if the issue comes up move on.
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Old 12-05-2017, 17:24   #39
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Re: Sailing with expunged felony?

Quote:
Originally Posted by nautitrix View Post
I'm not sure where this quote is from but the key word is MAY, not WILL. If you are coming in to Canada and have a pardon (expungement)? for a minor offence from 20 years ago, I doubt very much you will be denied entry. This is very much the same in the United States, so go a little easy on yourselves my American friends. If you have the means to leave, return ticket etc. and you are not interested in immigrating you will probably be fine. We do live in a post 911 world but all sanity has not been lost. Recently I tried to get a visa to cruise in the US. and was told "why get a visa?" you are Canadian, just get the cruise permit", by a Homeland Security Officer. I have a minor conviction with pardon, from thirty years ago and never lie. I tell the truth and it has never been an issue anywhere in the world. The only time I have had to produce a police certificate was for a work permit in St. Lucia, the pardon cleared the record on the police certificate, no issue.
Just go, and if the issue comes up move on.
If it matters the quote was from
http://www.cic.gc.ca/english/information
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Old 13-05-2017, 06:52   #40
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Re: Sailing with expunged felony?

Hello Paul, I thank you for your participation in this forum conversation as this is a real issue for many. I have tried to use your link and could not get through the error page. I then copied the link to my browser and had no luck from there either. If you have any advice on how to open the link I will appreciate it. The site apparently is valid I just can't get it to open.
Thank you
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Old 13-05-2017, 06:59   #41
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Re: Sailing with expunged felony?

Delete the word "information" from the URL and see if you can find what you need from the topics listed.
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Old 13-05-2017, 08:16   #42
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Re: Sailing with expunged felony?

Quote:
Originally Posted by dennismckim View Post
Delete the word "information" from the URL and see if you can find what you need from the topics listed.
Thank you for the advice. It did get me to a page which led me to this url, Travellers - Visitors to Canada if you enter this into your browser and go to the bottom of the page and click on the link it will tell you about remediation of a criminal conviction for entry to Canada. If you are aware of these provisions, especially since you have a pardon and or expungement, you will find some relief for your issue. I am not advocating for unredeemed criminals entering Canada, but speak to the issue of rehabilitation, a concept recognized in law in most countries of the world.
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Old 17-05-2017, 07:11   #43
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Re: Sailing with expunged felony?

If it were me and essentially the same with anything legal and especially divorced parents travelling with their kids. Always keep the documents with you that prove it was expunged. If it ever shows up on a database, court documents pretty much put it to bed quickly enoigh. I would think that the only time it could come up is being boarded by the CG or other US military with somone on board acting on behalf of DHS. That is known to happen almost anywhere in the world to US flagged vessels in International waters. When they board you that far out, they usually look a lot closer than a basic saftey inspection.
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Old 28-05-2017, 23:46   #44
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Re: Sailing with expunged felony?

Quote:
Originally Posted by OhNoItsKamryn View Post
Hey guys, my life long dream is to circumnavigate and I am currently saving heavily for my grand adventure. I'm an avid sailor here in the states. I have a felony of theft that I had to plea guilty to to get the pre trial diversion back when I was 20. I never did any kind of jail time. A few years after this incident I traveled to Canada before it was expunged and got stopped and booked at the border and they almost turned me around. It was then that I realized my record wasn't expunged at all even at the city level...so I took the proper steps to expunge the record. I got the conviction expunged at the city, local and federal level after 5 years. I recently ran my states criminal history check as well as a personal FBI fingerprint check and both came back completely clear. I have not left the country other than Canada ever since this incident occurred. So my question is now that I am truly going to be traveling heavily (now that I have the money), if I am going to be good to go. I have a valid passport. I figured I would be able to simply travel to the BVIS or other carribean countries, but as far as extended travel, I know visas are required for entry into some. Is my dream of circumnavigation a possibility? Or would I be held up certain places?

Thanks in advance guys
The USA is notorious for visa applications with any sort of criminal record .
You don't have this problem in other countries . Not too sure about Australia as they tend to follow any thing that the states does .
India , South America , Europe , South East Asia are all no problem .
As a student in the sixties and seventies I picked up lots of fines for smoking weed and have never had a problem anywhere in the world except for the USA .
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