It has been five years since you were found guilty of DUI. You’re considering traveling to Cancun right now. You’re wondering if your previous DUI conviction prevent you from entering Mexico. If you were convicted of DUI or DWI in the US, you may usually still go to Mexico. However, take note that foreigners who have been charged with or found guilty of a “serious crime” in Mexico or somewhere else may have their admission to Mexico denied by immigration officers.
Keep reading to learn more about this topic and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
What does Mexican law consider “serious crimes?”
The Mexican Consulate lists the following as instances of serious crimes: child pornography, robbery, kidnapping, terrorism, theft of vehicles, environmental offenses, extortion, and murder. An immigration officer in Mexico would probably let you into their country despite having previously committed a DUI because the majority of DUI convictions do not qualify as these felonies.
Note that most DUI offenses are not seen as being as serious as the offences listed above. As a result, if a U.S. person has a criminal record that includes DUI/DWI, a Mexican immigration officer will likely let him or her to enter Mexico.
However, if an American was found guilty of a major DUI offense, a border official may forbid them from entering Mexico (for example, felony DUI).
When is DUI a felony?
In most states, there are three circumstances in which you might be prosecuted with “felony DUI.” For example, you could be charged with felony DUI if you have a history of several DUIs, critically hurt someone while driving while drunk (also known as vehicular assault) or cause a fatal accident while driving while intoxicated (sometimes referred to as vehicular manslaughter).
In most other cases, intoxicated drivers will be charged with a misdemeanor.
What about INTERPOL?
The International Criminal Police Organization is known as INTERPOL is a company that facilitates the exchange of criminal data between more than 190 nations, including the United States, Mexican, and Canadian. If an immigration officer in Mexico does a background check, INTERPOL effectively assists the officer in learning of a prior DUI conviction (in the U.S.).
Can expungement be beneficial?
It might. The term “expungement” describes the procedure through which a judge orders that your DUI record be erased. While record sealing are available in some areas, some states allow for expungements. The primary distinction is that a record seal does not result in the destruction of your record. In contrast, the record is kept out of the public eye and from most organizations. 6
It should be noted that a DUI record that has been sealed or erased often won’t appear on a criminal background check. This means that it would be more challenging for a Mexican immigration officer to learn of a prior DUI conviction.
If you are facing criminal charges or are considering filing for an expungement, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
