ManitobaA Manitoba man with no criminal record is warning Canadians who have had charges dropped to bring documentation when travelling to the United States, after he says he was turned away at a border crossing for not providing proof that theft charges from nearly a decade ago had been stayed. Lawyer says stay of proceedings, conditional discharge shouldn’t affect admissibility to another countryLauren Scott · CBC News · Posted: Nov 28, 2025 7:55 PM EST | Last Updated: 35 minutes agoListen to this articleEstimated 5 minutesThe audio version of this article is generated by text-to-speech, a technology based on artificial intelligence.A Manitoba man said he was denied entry to the United States at the Pembina–Emerson border crossing because he didn’t have documents proving past charges had been stayed. (CBC)A Manitoba man with no criminal record is warning Canadians who have had charges dropped to bring documentation when travelling to the United States, after he says he was turned away at a border crossing for not providing proof that theft charges from nearly a decade ago had been stayed. After handing over his passport at the Pembina–Emerson border crossing into North Dakota for work-related travel over the summer, the man said U.S. border guards held him for four hours, taking his fingerprints and questioning him about Canadian charges of theft under $5,000 that were dropped. Those charges stemmed from a dispute with a previous employer, he told CBC. CBC News has agreed not to name the man because he has concerns about fear of reprisal when he travels to the U.S. in the future.He said border officials told him he needed to have documentation proving that the charges — which were stayed six years ago — had, in fact, been dropped. When he couldn’t produce the necessary documents, he was denied entry into the U.S. “Now I have a new job, I can’t cross the border. Now I’ve got to go in, I’m embarrassed to tell my employer, ‘Hey they stopped me at the border,'” he said. Shortly after he was turned away, he obtained court documents proving he had no criminal record. He said he keeps multiple copies on hand out of an abundance of caution. “I keep a copy in my truck, I keep a copy in my car, because I don’t know which vehicle I’ll be in … I’m always prepared just in case,” he said. His Winnipeg-based lawyer, Michael Dyck, said the man called him while he was at the crossing and border guards were “pretty adamant” that he wouldn’t be admitted to the U.S. without official court documents. Manitoba defence lawyer Michael Dyck says it’s unusual to see Canadians without convictions or criminal records being denied entry to the U.S. (Submitted by Michael Dyck)”It seemed like an unnecessary hassle for a person who doesn’t have a criminal conviction or doesn’t have a criminal record,” Dyck said, calling the ordeal a “major inconvenience” for this client.Dyck, who has worked as a criminal defence lawyer for 13 years, said it’s unusual to see Canadians without convictions or criminal records being denied entry to the U.S. But he wonders if a pattern is forming after a second client recently called him with a similar story. The client, who CBC News did not speak to for this story, had been denied entry to the U.S. while travelling from a Toronto airport to Florida — and “his trip was ruined,” Dyck said.The client had a conditional discharge for a breach of probation charge, the lawyer said. “If you do a criminal record check, it would show literally nothing. But it’s still creating hiccups for entry into the States,” he said. Global Affairs Canada warns that every country or territory “decides who can enter or exit through its borders” and the Canadian government “cannot intervene on your behalf if you do not meet entry or exit requirements for the United States.”Ports of entry to the U.S. have access to a centralized database that collects information on criminal convictions in both Canada and the U.S., Global Affairs Canada says. The database also includes information on previous denials at border crossings. Chris Gamby of the The Criminal Defence Lawyers Association of Manitoba says a stay of proceedings or a conditional discharge ‘shouldn’t affect admissibility to another country.’ (Travis Golby/CBC)Chris Gamby, communications director for the Criminal Defence Lawyers Association of Manitoba, said a stay of proceedings or a conditional discharge “shouldn’t affect admissibility to another country,” as they don’t result in criminal convictions. But that might be shifting, Gamby suggested. “It seems now, based on this story, maybe the ambit of what it is they’re concerned with is expanding,” he said. A spokesperson for U.S. Customs and Border Protection said in a statement to CBC News that all international travellers entering the U.S., including American citizens, are subject to examination. People trying to enter the country “bear the burden of proof to establish they are clearly eligible to enter the United States,” the spokesperson said. Anyone entering the U.S. who may have had past brushes with the law record should “just bring your documents and be calm,” said the man who was denied entry at the Pembina–Emerson border. “Bring all documentation so that you have it. Because if you think they don’t know about it, they know about it,” he said. WATCH | Winnipeg lawyers warn stayed charges may complicate U.S. border crossing:Past charges prove problematic for entry into U.S.Some Winnipeg lawyers have a warning for people who’ve been charged but not convicted of a crime in Canada: Have documentation showing the matter has been disposed of before trying to travel into the United States. ABOUT THE AUTHORLauren Scott is a Winnipeg-based reporter with CBC Manitoba. They hold a master’s degree in computational and data journalism, and have previously worked for the Hamilton Spectator and The Canadian Press.With files from Josh Crabb
‘Just bring your documents,’ warns Manitoba man stopped at U.S. border over stayed charges
