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Old 09-09-2016, 09:29 AM
 
Location: Great Britain
11,752 posts, read 4,023,041 times
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Quote:
Originally Posted by cdnirene View Post
Unless you are deemed a National Security threat then most countries will not let the US Authorities access any police or criminal records, indeed it usually breaks Data Protection Legislation to do so, obviously National Security being an exception.

How truthful you are on forms or when questioned is entirely up to you.
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Old 09-09-2016, 03:52 PM
 
Location: Vancouver
12,706 posts, read 8,786,090 times
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Quote:
Originally Posted by Brave New World View Post
Unless you are deemed a National Security threat then most countries will not let the US Authorities access any police or criminal records, indeed it usually breaks Data Protection Legislation to do so, obviously National Security being an exception.

How truthful you are on forms or when questioned is entirely up to you.
Not with Canada and the US. We share police and criminal records. So when they ask " have you ever been arrested ?" They already know.

"To help evaluate whether to allow you to enter their country, border agents have access to a wide variety of databases including the Canadian Police Information Centre (CPIC) database, and the FBI’s electronic clearinghouse of crime data called the National Crime Information Center (NCIC). Below are some of the things the U.S. and Canadian Border inspection may be able to see if you are pulled in for a secondary inspection:

Criminal history. This may also include health records that involve contact with with the police – such as suicide attempts
Family members and relatives
Delinquent Tax status
Current Job
History of when/where/what times you have crossed borders – including state ports where there are border checks"

https://www.ezbordercrossing.com/the...now-about-you/
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Old 09-09-2016, 03:56 PM
 
Location: Vancouver
12,706 posts, read 8,786,090 times
Reputation: 7319
Quote:
Originally Posted by CloudReader View Post
From my experiences, they will feel like they're doing their job and tough luck to you.

I travel to the states about half a dozen times a year for work (which complicates things due to the presence of contractual docs customs officers may ask to read). It honestly feels like their training varies greatly from individual to individual. Some exercise their common sense and judgement, others give out the impression that their objective is to deny people entry into the USA and also to protect USA jobs. There's very little gray zone in between. Thankfully, I've been meeting the first type more often in the last couple of years.
They have gotten better overall in my experience as well. The worse were the years following 911. I had some extremely rude, ignorant and plain abusive US border guards then.
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Old 09-09-2016, 10:06 PM
 
Location: Southeast Michigan
2,839 posts, read 1,699,693 times
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Quote:
Originally Posted by Natnasci View Post
They have gotten better overall in my experience as well. The worse were the years following 911. I had some extremely rude, ignorant and plain abusive US border guards then.
While I certainly believe that, in my experience the Canadian border guards have been the worst. They seem to have a never ending PMS. At least the ones in Windsor.
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Old 09-10-2016, 04:09 AM
 
Location: Great Britain
11,752 posts, read 4,023,041 times
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Quote:
Originally Posted by Natnasci View Post
Not with Canada and the US. We share police and criminal records. So when they ask " have you ever been arrested ?" They already know.

"To help evaluate whether to allow you to enter their country, border agents have access to a wide variety of databases including the Canadian Police Information Centre (CPIC) database, and the FBI’s electronic clearinghouse of crime data called the National Crime Information Center (NCIC). Below are some of the things the U.S. and Canadian Border inspection may be able to see if you are pulled in for a secondary inspection:

Criminal history. This may also include health records that involve contact with with the police – such as suicide attempts
Family members and relatives
Delinquent Tax status
Current Job
History of when/where/what times you have crossed borders – including state ports where there are border checks"

https://www.ezbordercrossing.com/the...now-about-you/
It's a lot different in most countries where the US has to make an Interpol request for a persons Criminal Record and due to the fact it's time consuming and can only be reaistically carried out in the most serious cases such as National Security is rarely carried out.

In terms of the UK, any non violent and non sexual offence with a sentene of less than four years quickly becomes what is called spent under the Rehabilitation of Offenders Act, meaning that even if the US could access the Police National Computer (PNC) they would not be able to establish most previous offences. Whilst arrest and charges without conviction are not held on the PNC, whilst warnings and convictions are quickly deemed spent. So it's pointless for the US Authorities to ask if you have ever been arrested if you are from the UK.

Travelling to America (USA) - A detailed guide - the Information Hub by Unlock

Employers can not even see spent ofences in the UK.

Whilst Health, Financial/Tax, Employment Records would not be shared by the UK Authorities, inparticular health records constitute sensitive personal data and must meet strict criteria before they are released. Whilst Article 8 of the European Convention on Human Rights signed by 47 countries in Europe would forbid the collecting, processing and transfer of such personal data except in extreme situations such as National Security.

Is it spent now? A brief guide to changes to the ROA - the Information Hub by Unlock

The Police National Database is usually a local intelligence and is not open to checks, and usually mainly applies to serious violent and sexual offences or national security issues.

In terms of National Security, UK Authorities will release data if someone is deemed a security threat but the US has to otherwise adhere to data protection laws and Article 8 of the European Concention on Human Rights, which is a seperate organisation to the EU.

Disclosure Of Convictions & Cautions Breaches Article 8

Key definitions of the Data Protection Act - Information Commisioners Office (ICO)

I am not sure I would be entirely happy if I were a Canadian, then again Canada does share a vast border so I can understand some of the logic.

Last edited by Brave New World; 09-10-2016 at 04:29 AM..
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Old 09-10-2016, 06:05 AM
 
Location: Toronto, Ontario, Canada.
2,540 posts, read 3,279,768 times
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Brave new world.


Are you going to continue to argue about this or will you accept the advice and actual experience of a number of Canadians about how the exchange of data between Canada and the USA works? ?


Yes we get that in the UK things are different. But that wasn't the topic, was it ?


JiM B.
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Old 09-10-2016, 06:13 AM
 
Location: Great Britain
11,752 posts, read 4,023,041 times
Reputation: 7318
Quote:
Originally Posted by canadian citizen View Post
Brave new world.


Are you going to continue to argue about this or will you accept the advice and actual experience of a number of Canadians about how the exchange of data between Canada and the USA works? ?


Yes we get that in the UK things are different. But that wasn't the topic, was it ?


JiM B.
I think you need to look up the definition of argument, as I am not arguing for our against anything I am merely stating facts and the law.

In terms of the topic it was 'Banned from entering the US for life because I smoked pot as an adult'.

The truth being the US has very little access to most countries Criminal Records, and Smoking Pot would at most be a fine or warning or even a Caution at most in countries such as the UK.

Such convictions are generally very quickly spent and removed from Criminal Records in the UK, meaning you don't have to tell the US Authorities or the Canadian Authorities anything and are therefore not banned from visiting.

Furthermore Canadians with such minor convictions are still free to travel to most countries, where having a minor criminal record is not a source of mass paranoia and hysteria.

Incidentally the UK's current Information Commissioner is a Canadian Woman called Elizabeth Denham.

New commissioner sets out FOI plans - BBC News

Last edited by Brave New World; 09-10-2016 at 06:35 AM..
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Old 09-10-2016, 09:55 AM
 
18,339 posts, read 10,411,152 times
Reputation: 13402
Quote:
Originally Posted by Brave New World View Post
I think you need to look up the definition of argument, as I am not arguing for our against anything I am merely stating facts and the law.

In terms of the topic it was 'Banned from entering the US for life because I smoked pot as an adult'.

The truth being the US has very little access to most countries Criminal Records, and Smoking Pot would at most be a fine or warning or even a Caution at most in countries such as the UK.

Such convictions are generally very quickly spent and removed from Criminal Records in the UK, meaning you don't have to tell the US Authorities or the Canadian Authorities anything and are therefore not banned from visiting.

Furthermore Canadians with such minor convictions are still free to travel to most countries, where having a minor criminal record is not a source of mass paranoia and hysteria.

Incidentally the UK's current Information Commissioner is a Canadian Woman called Elizabeth Denham.

New commissioner sets out FOI plans - BBC News
But you might have missed the little bit about this being an open admission on the part of the banned person and not as the result of any sharing of criminal database information.

In that regard; even an entering Brit. would be banned similarly if he answered in the affirmative to the posed query by a U.S. agent.
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Old 09-10-2016, 10:18 AM
 
Location: Pittsburgh, PA
5,970 posts, read 7,337,345 times
Reputation: 3741
Quote:
Originally Posted by Natnasci View Post
They have gotten better overall in my experience as well. The worse were the years following 911. I had some extremely rude, ignorant and plain abusive US border guards then.
Back in 2010 on my way back to the U.S. on Easter Sunday, I got held up by some American border guard clown claiming they knew my friends and I went to Canada for pot and fake ID for nearly an hour. (Really dude, you don't think I could have easily found either of those on my university campus if I wanted them??) The last time I went up a year ago, the Canadian border guard asked us many questions about where we were staying, what we were going to do, how and how long have my friends and I known each other, etc. When we crossed back into the States, the American guard only asked if we were bringing anything back and just let us through. To put it in my opinion, it has a lot more to do with the individual you get when crossing than the country you are crossing in to.
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Old 09-10-2016, 11:46 AM
 
Location: Vancouver
12,706 posts, read 8,786,090 times
Reputation: 7319
Quote:
Originally Posted by Ummagumma View Post
While I certainly believe that, in my experience the Canadian border guards have been the worst. They seem to have a never ending PMS. At least the ones in Windsor.
Can't comment on Windsor, but most out here are fine. It's also probably a different tack taken with citizens versus non-citizens?
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