Rene Burellee doesn’t deny he has a criminal record. But since the assault charge in 1972 left him with a two-year suspended sentence, he hasn’t had so much as a speeding ticket.
The Cornwall, Ont., man has crossed the border into the United States regularly to visit his son in Georgia, but he had an unpleasant surprise waiting for him on his last trip.
He was pulled over by border officials at the Rooseveltown, N.Y., point of entry, fingerprinted, photographed and questioned.
Burellee said it was “embarrassing,” but even worse was the news that he had been denied entry and had to return to Cornwall.
He was told he could apply for a Canadian pardon and a waiver through the U.S. border agency to gain entry in the future.
“I’ve been a worthwhile citizen of our community,” said Burellee, 72. “Now I can’t go visit my son.”
He said it will be a struggle to acquire all the necessary documents for a successful border crossing, as a one-year waiver is nearly $600, plus the cost of fingerprints and other paperwork.
Burellee said he doesn’t understand why, after all these years, the conviction would create problems at the border.
Thomas Rusert, spokesperson for the U.S. Customs and Border Protection Agency, couldn’t comment on Burellee’s case but said officers always take special note of “crimes involving moral turpitude.”
He said there’s a long list of charges that mean a denial into the United States, including fraud or crimes against other people.
“We’ve always denied entry based on criminal grounds,” said Rusert. “There’s nothing really new.”
Rusert reiterated what Burellee was told: an application for a waiver can be made through a U.S. consulate in Canada.
The Canadian Border Services Agency has a similar policy.
Spokesperson Chris Kealey said there are numerous charges that will create red flags for point-of-entry officials.
“It depends on what the infraction was and how long ago it took place,” he said, noting that after 10 years most charges drop off the radar.
The only way to make a record completely disappear is a pardon through the National Parole Board.
But for any American citizens attempting to enter Canada with past convictions, Kealey said they may have to apply for “rehabilitation” through a consulate in the U.S.
“If you are accepted into that, then you are deemed rehabilitated,” he explained, noting that the charge has to be at least 10 years old before the forms can be filled out and presented to border officials.
But Rusert indicated there is no such timeline for those entering the U.S. and charges will always be on file when identification is handed over at the point of entry.
“A criminal record is a criminal record,” he said.
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