I have a friend that may have to visit Canada for work but got a Dui a year ago in NJ. In NJ a DUI is found in your driving record but I'm not sure if it will come up when a criminal background check is done or if Canada checks your driving record. Please advise.
Can you enter Canada if you have a dui in New Jersey??
- Thread starter Abigail1209
- Start date
I have an acquaintance from NJ with the same situation. He was stopped at the border and turned back (i.e. not allowed to enter Canada). I don't know how they knew he had a DUI (i.e. if this popped up on their computers or if he was asked specific questions relating to having been arrested/charged).
I'm sorry - I don't know the answer to your question. However if I had to guess, I would say that there probably isn't a way to check.
Hopefully someone else will be able to help.
Hopefully someone else will be able to help.
Each state treats DUI's in a different way, to avoid a situation where you are turned back at the border you should consult with a lawyer.Abigail1209 said:
For more information just Google DUI entry Canada and see what information/lawyers come up.
Unless there are serious injuries or death, DUI in New Jersey is not a crime, but instead of traffic violation. If a person is arrested for DUI in New Jersey, they are not fingerprinted, they are not read their Miranda rights, and the record of a New Jersey DUI arrest or conviction is not part of the FBI's NCIC database. Because of this, a New Jersey DUI will NOT show up when you try to enter Canada. Also, if asked whether you have ever been arrested or convicted of a crime, the answer is 'NO', since a New Jersey DUI is not a criminal offense.
For Canadian immigration it really does not matter how the crime is treated in the country where the crime took place. How the crime is treated will be determined by what kind of sentence would be imposed in Canada if the crime was committed here.
DUI's in Canada are treated as criminal offenses under the Canadian Criminal Code so having a DUI on your record can make you criminally inadmissible.
DUI's in Canada are treated as criminal offenses under the Canadian Criminal Code so having a DUI on your record can make you criminally inadmissible.
According to New Jersey it is an offence.
For Canadian immigration it really does not matter how the crime is treated in the country where the crime took place. How the crime is treated will be determined by what kind of sentence would be imposed in Canada if the crime was committed here. DUI's in Canada are treated as criminal offenses under the Canadian Criminal Code so having a DUI on your record can make you criminally inadmissible.
Under NJ law, DUI is an 'offense', but it is a traffic offense (Title 39 of NJ Code), not a crime or criminal offense. This is very different than most other states which classify it as a misdemeanor. While Canada may view DUI as a criminal offense, it won't show up on the NCIC database check. I've known people with NJ DUIs to travel to Canada without any problems.
Very simply, when they ask you whether you have any criminal convictions, the answer is 'NO', and this is a truthful response since NJ DUI is not criminal. If you answer 'YES', be prepared to be detained at the border for about two hours, after which you will be (a) admitted without charge if the DUI is more than 10 years old; (b) admitted upon payment of $200 for a temporary residence permit if the DUI is less than 10 years old; or (c) refused entry if the border guard is an asshole.
For Canadian immigration it really does not matter how the crime is treated in the country where the crime took place. How the crime is treated will be determined by what kind of sentence would be imposed in Canada if the crime was committed here. DUI's in Canada are treated as criminal offenses under the Canadian Criminal Code so having a DUI on your record can make you criminally inadmissible.
Under NJ law, DUI is an 'offense', but it is a traffic offense (Title 39 of NJ Code), not a crime or criminal offense. This is very different than most other states which classify it as a misdemeanor. While Canada may view DUI as a criminal offense, it won't show up on the NCIC database check. I've known people with NJ DUIs to travel to Canada without any problems.
Very simply, when they ask you whether you have any criminal convictions, the answer is 'NO', and this is a truthful response since NJ DUI is not criminal. If you answer 'YES', be prepared to be detained at the border for about two hours, after which you will be (a) admitted without charge if the DUI is more than 10 years old; (b) admitted upon payment of $200 for a temporary residence permit if the DUI is less than 10 years old; or (c) refused entry if the border guard is an asshole.