When travelling to a foreign country, it is always advisable to be informed of what legal rules will apply that can cause problems for travellers. One such situation is likely to occur if any Canadian who has ever been convicted of a criminal offence wishes to travel to the USA. As things stand, merely by attempting to cross the border, such a person breaks American law. The Canadian Police Information Centre (CPIC) shares information on criminal records in Canada with the US Department of Homeland Security (DHS). This information can be expected to turn up during a background check at a border crossing point; unless the traveller has a valid US entry waiver, they can expect as a minimum to be turned back and banned from entering the US. Other consequences can include seizure of one’s vehicle and even being arrested and charged with illegal entry.

What if in the past, a person has crossed the border and their conviction has not turned up? In this electronic age, with information being constantly compiled and circulated, this is no guarantee that it will not eventually manifest itself. The example of Allen Abney, who deserted the US Marines during the Vietnam War and settled in Canada, shows how the past can magically resurface. In 2006, almost four decades and hundreds of problem-free trips later, an excursion to Reno was cut short when a border background check revealed Abney’s deserter status, leading to his detention in military prison (mercifully, he got off with only a less-than-honourable discharge).

Even if an ex-convict has had their offence pardoned, this may not make any difference. Canadian pardons are not recognized by the DHS and although the CPIC will not disclose a criminal record for which a pardon has been granted, the information may have entered the American database before the conviction was pardoned. In particular, if the traveller had already attempted to cross over into the US at some point before receiving the pardon, the conviction may have come to light at that time.

Nor is simply crossing the border at a point where there are no guards (such as a forest or mountain range) a viable option. In the post-9-11 world, security at the Canada-US border is more stringent than ever. Now there are electronic sensors at many points along the border to detect suspicious movement and alert authorities. A person caught crossing the border anywhere other than at an official crossing point will certainly be charged.

Therefore, Canadians who plan to travel to the US can be advised to take the following points into account:

• Any Canadian who holds a criminal conviction needs a US entry waiver from the Department of Homeland Security to cross the border, unless they were convicted of only one summary (less serious) offence, reckless driving or driving under the influence of alcohol.

• One should apply for the waiver well ahead of when they plan to travel: it can take up to 10 months for the DHS to process the application.

• A waiver is only valid for a period of one to five years. After this time, it will have to be renewed for continued legal travel.