Is Travel in the Job Description? Get a DUI Check! 17 Jan 2018

In today’s global marketplace, even small companies and organizations can have a global reach. Whether it’s to meet with a supplier, attend a conference, or cement relationships, international travel has become a common feature of doing business in the modern world.

Traveling internationally for business requires more resources than just buying a ticket and managing an itinerary. Because each country has its own laws and can decide who can or cannot enter its borders, there are factors some employers don’t screen for that can prevent their employees from entering certain countries.

For instance, when thinking about flying overseas to do business, few organizations think about whether or not they should look at a candidate’s driving record for employment. After all, in most cases, the trip involves a flight, not a drive. But regardless of whether the employee will be driving, many countries do not let in people with a DUI on their record.

The Case with Canada

Some of America’s biggest trade partners, and hence, countries and regions where Americans are most likely to travel for business, such as the EU, may frown upon someone having a DUI on their record, but will still allow them to enter.

However, Canada, the country that until recently was America’s largest trade partner, does not allow individuals with DUIs to enter. (In 2015, China nudged Canada out for first place, but just barely, trading $663 billion with the U.S., while Canada only traded $662 billion in 2015.)

Even though a DUI might be considered a misdemeanor in many jurisdictions here in the United States, in most cases it is a felony in all Canadian provinces and territories. Now, if an employee has a DUI and they need to get into Canada for important business matters, there are three ways they can negotiate these strict entry laws. According to the law firm Robert Miller & Associates, these three ways are:

1. Apply for a Temporary Resident Permit. The individual must show they have a compelling reason for entering Canada and that the benefits (economic, etc.) of them being in Canada outweigh any safety risks they might pose.

2. Apply for a Canadian Criminal Rehabilitation Certificate. If five years have passed since the offense, individuals can apply for this document, which essentially states that the person has been rehabilitated.

3. Wait. If ten years have passed since the sentence for the offense has been completed, the individual is deemed rehabilitated under Canadian law and may enter the country.

Due to the nature of the international marketplace and our close trade relations with Canada, it’s important that employers screen each candidate for a DUI.