We receive many calls and emails from people applying for NEXUS who have an old criminal charge and are concerned it will get in the way of the application.
Even if you have been fingerprinted by the police and the charges were later withdrawn, dismissed, stayed, peace bond, absolute or conditional discharge, the criminal record will still show up and the NEXUS will be denied.
Worse still, if the Americans discover through your NEXUS application that you have a criminal record, not only could they deny your NEXUS but they can also refuse you entry to the US.
Once you are refused entry to the US, you will need a US Entry Waiver, I-192 or I-194 to re-enter, which is expensive and takes time to obtain.
Its best to obtain a file destruction, pardon or record suspension before applying for NEXUS to avoid these problems.
Here is a recent letter to NEXUS members from the President of CBSA (Canada Border):
Dear NEXUS Member,
I am writing to personally thank you for being a valued member of the NEXUS trusted traveller program, which is administered by the Canada Border Services Agency (CBSA) in partnership with U.S. Customs and Border Protection (CBP). Over the past few years, NEXUS has received tremendous interest and seen a marked increase in its membership as we approach the million member milestone.
In addition to the expedited clearance which has characterized the program, NEXUS members receive further benefits as a result of the Government of Canada’s Beyond the Border Action Plan, which include:
Streamlined membership renewal process;
Eight new NEXUS lanes at six of our major land ports of entry;
Expanded Trusted Traveller Canadian Air Transport Security Authority (CATSA) security screening lines in pre-clearance areas at major Canadian airports; and
Expedited clearance through the Transportation Security Administration (TSA) Pre-Check lanes at over 100 participating U.S. airports for domestic, trans-border and select international flights.
In 2014, the CBSA will be replacing its airport kiosks with ‘next generation’ technology that will provide even faster, more reliable and more efficient services to facilitate your travel. Admittedly, our current technology has reached the end of its lifecycle. As a result, some of you may have recently experienced difficulties using the NEXUS kiosks, caused by outages at one or more of our participating locations. We understand that your time is important and that you expect a more efficient and smooth travel experience as a key benefit from the program. Should you encounter a non-operational kiosk at any time, please proceed to the CBSA Special Services Counter to continue receiving expedited clearance.
The NEXUS program will continue to represent a critical element of the CBSA’s commitment to delivering effective border management at Canada’s ports of entry. As we continue to modernize and improve the program, we look forward to providing you with the services you expect.
If you have any questions regarding this topic or about Pardons, Record Suspensions and US Entry Waivers email us at [email protected] or call 1-877-929-6011 or 416-929-6011.