Here at FWCanada, we have more clients from California than any other state, due to the amount of Californians that pass through the Canadian border. Los Angeles International Airport (LAX) is one of the largest American airports. Therefore, it is a flight hub for travelers coming to Canada from the West. California is also home to actors, performing artists, and other persons of notoriety who seek to enter Canada. They usually have a much easier time securing a Temporary Resident Permit (TRP) than others, since their contribution to Canadian society is obvious to both border agents and the immigration office. California is one of the two states that has a Canadian consulate, located in Los Angeles, that processes TRP and Criminal Rehabilitation applications.
Before applying for a TRP or Criminal Rehabilitation, you may consider contacting a local attorney for assistance in processes that may help you clear your record. California is one of the states that has a deferred entry of judgement statute. This grants the dismissal of charges without a conviction after successfully completing probation. However, it is only intended for first time minor drug offenders, excluding DUIs. Eligible crimes include some violations of the California Health and Safety Code and possession of marijuana while driving charges. DUI convictions, on the other hand, are eligible for expungements after the completion of the sentence, providing that there are no other charges pending against the offender. An expungement from California will withdraw the individual’s original plea, the guilty verdict will be set aside, and the criminal record will be changed to state that the charge was dismissed per “P.C. 1203.4,” the statute governing this process. It is important to note that in California, expungements do not change your inadmissibility to Canada; the expungement must still be disclosed to the government when crossing the border.
DUI convictions in California are set out below with its sentence, the possibility of discharge, the possibility of expungement, and alternative pleads:
|Conditional Discharge||Not available|
|Expungements||Available. See here for more information.|
|Could plea to…||Wet Reckless, Dry Reckless, Exhibition of Speed|
If you do not qualify for deferred entry of judgement or expungement and would like to apply for a TRP or Criminal Rehabilitation, keep in mind that the applicant is required to provide state police clearances. The sooner you are able to receive these clearances the better, so make sure that if you are from California, you contact the address below.
The contact information for California, as well as the price to request the police clearance certificate:
The California Department of Justice: Bureau of Criminal Identification and Information P.O Box 903417, Sacramento, CA 94203-4170 Attention: Record Review Unit
(916) 322-2209 or (916) 227-3849
If you have any other questions about travelling to Canada from California, please do not hesitate to contact us!