How to clean drug misdemeanor in US so I don't get stopped at border every time?
I'm an American living in Canada.
11 years ago, when I was 19, I was stupid and had some pot in my car while driving through a border patrol checkpoint. (Note: A border patrol checkpoint is not the same as a border crossing. A border patrol checkpoint is well-within the US; it is run by border patrol agents, not customs agents.) Long story short, the police dogs found the pot and I was issued a misdemeanor ticket for possession, which required a fee of $300.
Since then, every time I enter the US from abroad (which happens several times a year), the US customs agents give me a hassle about my "drugs at the border event", as they put it, and invariably pull me and my family aside and search through all my things. It's not only embarrassing, but it adds anywhere from 20 minutes to 2 hours to my travel time, which makes catching planes tough.
Is there any way I can clean my record of this offense, so that I don't get pulled over every time I enter the US?
EDIT: Clarification: I was not arrested. At the time of the incident, the border patrol agent issued me two tickets (on a standard "traffic citation" form): one for "possession of marijuana" and one for "possession of paraphanalia". After he wrote up the tickets, he let me drive away. The tickets said I was to appear in magistrate court some time later. Instead, I opted to send via snail mail a check and a letter stating that I plead no contest to the tickets. (In hindsight, this may have not been the best move. Did I mention I was young and stupid?)
Best Answer
While there are no guarantees, you can always file a claim for redress under the DHS TRIP program (Traveler Redress Inquiry Program).
This program is intended for people who, among other things, are:
- Denied or delayed airline boarding;
- Denied or delayed entry into and exit from the United States at a port of entry; or
- Continuously referred to secondary screening.
After you file a claim, you are supposed to be contacted within 30 days to submit any supporting documents. If you have any relevant documentation, be sure to have it ready.
In particular, I would suggest you have a criminal history check going back for the last 11 years from both the U.S. and Canada (since you are resident there) showing you have a clean record since the last time you were arrested for marijuana. You can obtain these from:
- Canada: Obtain a Criminal Record Check from the RCMP. Also obtain a criminal record check from your local police department in the province and city where you live and any other provinces you have lived for this time period.
- United States: Obtain an Identity History Summary Check from the FBI. Also obtain a criminal record check from the state police in any U.S. state where you have lived for this time period.
Since these can take several weeks to process, I also suggest gathering these records before filing your TRIP redress claim.
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Can US Customs see my criminal record?
The CBP officers can use this database to view an individual's criminal record and prior criminal history. Even without disclosing your criminal record, CBP officers can access your full criminal history on the CPIC database. Any questions asked by the CBP officers should be answered truthfully.What do they ask for at border checkpoints?
Border Patrol may stop vehicles at certain checkpoints to: (1) ask a few, limited questions to verify citizenship of the vehicles' occupants and (2) visually inspect the exterior of a vehicle. Agents may send any vehicle to a secondary inspection area for the same purpose: brief questioning and visual inspection.Can you get into the States with a criminal record?
The United States can refuse admission to any person convicted of a criminal offence. This means that if you have a criminal record, you should obtain a US Entry Waiver to ensure that you will not be turned back at the border and that you can legally travel to, or through, the U.S.Can US Border Patrol detain you?
The longer CBP detains you the more suspicion they need \u2014 eventually they will need probable cause once the detention goes from brief to prolonged. If the agent arrests you or searches the interior of your belongings, they need probable cause that you committed an offense.These Countries will DENY ENTRY at Immigration. Vacation Disasters
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