For many New Jersey residents, the successful expungement of a criminal record feels like a final reset button. You’ve done the work, waited the statutory period, and received a signed Order of Expungement from a judge. In the eyes of New Jersey law, the arrest or conviction essentially never happened.
However, a common and stressful question arises when it’s time to book a flight to Toronto or drive across the border at Niagara Falls: Can I travel to Canada if my New Jersey criminal record has been expunged?
The short answer is: It depends, but an expungement alone does not guarantee entry. Because Canada is a sovereign nation, their border agents (the Canada Border Services Agency, or CBSA) have their own rules regarding criminal inadmissibility.
In this guide, we will break down how the Canadian government views New Jersey expungements and what steps you need to take to ensure you aren't turned away at the border.
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Understanding the Data Gap Between the U.S. and Canada
To understand why an expungement doesn't always work at the border, you have to understand how Canada gets its information. The United States and Canada share a massive amount of criminal justice data through the National Crime Information Center (NCIC), which is managed by the FBI.
When a New Jersey judge signs an expungement order, the New Jersey State Police and the original arresting agency are ordered to remove those records from their public-facing databases. However, the FBI’s database is a federal entity. While New Jersey sends notice to the FBI to update their records, the process is not instantaneous.
Furthermore, Canada often keeps its own snapshots of data from previous years. If a border agent sees a hit on a background check from five years ago, even if the record is now expunged in New Jersey, they may still see that an arrest occurred and ask you for proof of the outcome.
How Canada Views New Jersey Offenses
Canada does not look at whether your New Jersey charge was classified as a disorderly persons offense or an indictable crime. Instead, Canadian immigration officials apply a process known as Equivalency, asking what the offense would be under Canadian law if the same conduct occurred there.
If the Canadian equivalent of your New Jersey offense would be punishable by a maximum prison sentence of 10 years or more, it is considered serious criminality, and you are deemed criminally inadmissible to Canada. Certain offenses with lower maximum penalties may also result in inadmissibility depending on the circumstances.
The Problem with DUI and DWI
It is a common misconception in New Jersey that because a DUI (Driving Under the Influence) is a traffic offense and not a criminal offense, it won't affect travel.
Canada views DUI as a serious crime. As of 2018, Canada increased the penalties for impaired driving, meaning a single DUI, even a decades-old New Jersey traffic ticket, can make you permanently inadmissible to Canada. Because NJ DUIs are generally not expungeable, they remain a permanent hurdle for Canadian travel.
Does an Expungement Count in Canada?
Canada does not automatically recognize U.S. expungements in the same way American courts do. Canadian border officials focus on the underlying offense rather than whether a record was later cleared or sealed under U.S. law.
Even if a criminal record has been expunged in New Jersey, CBSA may still consider the conduct when determining admissibility, especially if the offense would be considered indictable under Canadian law. An expungement alone does not function as a Canadian Record Suspension and does not eliminate criminal inadmissibility.
That said, expungement documentation is still important. If a CBSA officer raises questions at the border, travelers should be prepared to provide certified proof showing how the matter was resolved. While this documentation may help clarify the outcome of a case, it does not guarantee entry into Canada or replace the need for rehabilitation approval when required.
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Steps to Take Before You Head to the Border
If you have an expunged record in New Jersey and are planning a trip to Canada, do not leave it to chance. A border agent has the absolute discretion to deny you entry. Here is how you should prepare:
1. Obtain a Certified Copy of Your Expungement Order
Once your expungement is finalized, your attorney will provide you with the signed Order. Keep this in a safe place. If you are questioned at the border, showing the official court order is the most effective way to prove that the charges were cleared.
2. Check Your FBI Identity History Summary
Before traveling, you can request your own rap sheet (technically called a Freedom of Information request) from the FBI. This allows you to see exactly what the Canadian border agents will see when they scan your passport. If the expunged NJ charges still appear as active or pending, you know you have a problem that needs to be addressed before you travel.
3. Criminal Rehabilitation or TRP
If your expungement is not recognized by Canada, or if you have offenses that cannot be expunged (like a NJ DUI), you may need to apply for:
- Temporary Resident Permit (TRP): A short-term waiver for a specific trip.
- Criminal Rehabilitation: A solution that clears your inadmissibility in the eyes of the Canadian government.
Similar Post: Does Each New Jersey County Use the Same Expungement Process?
Common Questions: New Jersey Expungements & Canada
If I’m asked if I’ve ever been arrested, can I say 'No' at the Canadian border?
This is a dangerous area. In New Jersey, the expungement statute specifically gives you the legal right to say No to an arrest question (with limited exceptions like applying for a job in the judiciary or law enforcement).
However, Canada is a different country. If a CBSA officer sees a flag on your record and you say No, they can bar you for misrepresentation, which is often a 5-year ban from entering Canada. It is usually safer to say: I had a matter that was legally expunged by the State of New Jersey, and I have the court order here.
What if my case was dismissed but not expunged?
Even if your charges were dismissed or you were found not guilty, an arrest record may still exist in law enforcement databases such as NCIC. While New Jersey courts now routinely issue expungement orders at the time of dismissal in many cases, this does not happen automatically in every situation, particularly for older cases.
Canadian border officials can see arrest records, and if the final disposition is missing or unclear, they may treat the matter as unresolved. This can lead to additional questioning, delays at the border, or denial of entry, even when no conviction occurred.
For that reason, it is critical to confirm whether a dismissed case was actually expunged and properly reported to all agencies. When no expungement order exists, filing a dismissed case expungement can help eliminate lingering arrest records and provide clear documentation showing that the matter was fully resolved.
How Gelman Law Expungements Can Help
Navigating the border with a criminal history is one of the most stressful experiences a traveler can face. At Gelman Law Expungements, we don't just file paperwork; we help our clients regain their freedom of movement.
If you are planning a trip to Canada and are worried about a past mistake in New Jersey, we can help by:
- Ensuring your expungement is processed correctly and all agencies are notified.
- Assisting you in obtaining the necessary court documentation for travel.
- Reviewing your specific record to determine how it might be viewed under Canadian equivalency rules.
Don't Let Your Past Stop Your Future; Contact Gelman Law Expungements Today for a Free Case Evaluation
An expungement is supposed to give you your life back. Don't let a data ghost at the border stop you from a family vacation, a business trip, or a weekend getaway.
Call Gelman Law Expungements today at 856-619-8086 or fill out our online contact form to schedule your free case evaluation. Let’s make sure your clean slate works everywhere, including at the border. We represent clients throughout South and Central Jersey, including Cherry Hill, Camden, Trenton, and Vineland.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.