The NEXUS program is designed to expedite border clearance for qualifying low risk, preapproved travelers travelling between Canada and the United States. This members only program has many benefits including dedicated lanes at land, air and sea crossings. The question that remains is, can someone with a previous conviction join the NEXUS program? This answer depends on your criminal history and when your conviction occurred.
FWCanada contacted a representative of the NEXUS program for clarification on NEXUS' policies on membership and previous criminality. We were informed that people with a previous criminal history are only eligible for the program if they have been deemed rehabilitated by the passage of time. Deemed rehabilitation occurs 10 years after the completion of sentencing for a single, non-serious conviction.
The conditions that need to be met in ordered to be deemed rehabilitated by the passage of time are:
- Only one conviction on record
- Conviction is non serious (equivalent sentence in Canada is less than 10 years)
- 10 years have passed since the completion of sentence (including probation)
Someone with a serious offence or multiple offences may not be deemed rehabilitated and must have an approved application for criminal rehabilitation to be able to travel to Canada. Unfortunately, an approved criminal rehabilitation application does not grant eligibility to the NEXUS program. Only those who have been deemed rehabilitated by the passage of time may apply. Individuals with the following offences also do not qualify for NEXUS:
- Drug related offences
- Offences where a weapon was used or involved weapons
- Serious criminal offences (bodily harm, monetary value over $5000 etc.)
To read FWCanada's FAQ on Immigration please click here
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.