The legal issues of criminal pardons and US entry waivers are a slippery slope for the layperson. A fair amount of confusion and misinformation abounds in society, as can be seen by some of the questions that pardon and waiver experts routinely receive from the general public. In order to clarify some of these queries, I have assembled a set of answers to frequently asked questions about this subject, from a Canadian perspective.

Q: What is a pardon?

A: A pardon gives convicted criminals an opportunity to start on a clean slate, by making their criminal records inaccessible for background checks. This will make it possible for them to obtain employment and engage in other activities requiring a clean criminal record.

Q: That does not sound much like a "pardon". Is a pardon not forgiveness for a crime?

A: No. The word may be somewhat misleading. A pardon does not release anyone from criminal responsibility (allow them to leave prison etc). It only serves to make their criminal record a classified document. A person does not even become eligible for a pardon until 3 to 10 years, depending on the offence, have passed after they finished serving their sentence, during which time they must have led a law-abiding life.

Q: So, how does the pardon process work in Canada?

A: Assuming the 3- to 10-year parole ineligibility period has passed, an application package is submitted to the Parole Board of Canada in Ottawa. The exact documents that must be provided vary with each applicant’s specific case. Such items as a fingerprinted criminal record check from the RCMP are more or less universal; others will vary with the applicant’s status (for example, a military conduct sheet is required for anyone who has served in the Canadian forces). In all cases, the documents will have to be provided in full, properly prepared and filled out. This point cannot be overstated for success or failure depends solely on how well the application is prepared. If an application is returned, one will not be eligible to apply again for a full year.

Q: How much does a pardon cost?

A: The current administrative fee is $150. Additional fees will be required for some of the necessary documents, such as the criminal record check.

Q: What is a US entry waiver?

A: Officially, this document is called a waiver of inadmissibility. The United States restricts entry to certain categories of foreign nationals who would otherwise be admissible, including people with certain illnesses and those who have a conviction for a "crime involving moral turpitude". A waiver of inadmissibility is a document issued by the US government which allows a person to travel despite such disqualifying factors.

Q: What crimes qualify as "crimes involving moral turpitude"?

A: This is a tricky question and there is no absolute answer. For travellers today, it is of little relevance, as border guards tend to refuse entry to ANYONE who has a criminal conviction, no matter how minor.

Q: How will US officials know about my conviction? If I cross the border without a waiver, is there a great risk of getting caught?

A: The risk is great indeed. The days of lax cross-border security are over. Today, US border guards routinely check travellers’ names against a criminal record database. The RCMP provides US Homeland Security with criminal records. Time and time again, pardon and waiver experts have seen cases where someone took the risk, was stopped at the border, and was turned back with a ban on returning, sometimes even charged with illegal entry or losing their vehicle. The only safe way of travelling to the United States if convicted is with a waiver from the US government.

Q: What if I have a pardon? Do I still need a waiver?

A: Canadian pardons are not recognized by Homeland Security, so the simple answer is "yes".

Q: How can pardon and waiver experts be of assistance in obtaining a pardon or waiver?

A: The main benefit of using a pardons agency is that it has the expertise for seeing the application successfully through. By entrusting one’s application for a pardon or waiver to experts experienced in the field, one can be assured that the procedures will be completed without any mistakes. In addition, putting together all the paperwork required for applying for a pardon or a waiver is a very time-consuming process. Most people do not have the luxury of time for going from one government office to another over a period of several months. Pardon and waiver experts know what is necessary for each specific applicant, and will perform all the required tasks on their clients’ behalf, relieving them of the burden and giving them the assurance that the application will be handled correctly.