Are you worried that your old traffic ticket, misdemeanor or DUI charge might make you criminally inadmissible to Canada? You are not alone. Many American visitors are surprised to find that an old offence on their record from years ago may still deem them inadmissible, and cause them to be turned away at the Canadian border. Use this comprehensive guide to understand how your past criminal history can affect your ability to enter Canada today.
Contact UsBeing criminally inadmissible means that you are not permitted to enter Canada on the grounds of criminality due to a past or an ongoing criminal charge.
When you attempt to enter Canada from the United States, Canadian Border Service Agency (CBSA) officers will access the FBI’s database with all U.S. criminal history records through your passport. If you have a criminal offence on your record, you will be flagged and pulled aside for further screening. CBSA officers will investigate and determine your admissibility by several factors surrounding your offence(s), including:
If the CBSA officer finds that you are criminally inadmissible to Canada, you will be denied entry and turned away, regardless of whether you are attempting entry by sea, land, or air. Inadmissibility will affect all foreign nationals, temporary visitors, international students, foreign workers and permanent residents.
Any offence or crime committed outside Canada that is considered a crime under Canadian law could make you criminally inadmissible. Especially if they are equivalent to a hybrid or indictable offence.
Depending on the equivalent offence, there are two main categories of criminal inadmissibility: serious criminality and general (non-serious) criminality.
You are considered to be inadmissible due to serious criminality if:
You are considered to be inadmissible due to general (non-serious) criminality if:
Canada classifies its offences in three categories; summary, indictable, and hybrid.
A summary offence is like a misdemeanor in the USA and usually describes less serious offences compared to indictable offences. Summary offences are punishable with a maximum jail time of two years. Having a single summary offence on your record will likely not deem you inadmissible. Some examples of summary offence are:
An indictable offence is like a felony in the U.S., and is considered to be a more serious offence than a summary offence. Indictable offences are punishable with a maximum of life imprisonment. Some examples are:
A hybrid offence means that the offence can either be punished as a summary or an indictable offence. The Crown will decide which it should be punished as, depending on the unique circumstances and factors of the crime. However, for the purpose of immigration, hybrid offences are always considered as an indictable offence, which means a single hybrid offence will deem you inadmissible to Canada. Some examples are:
Some common offences that can make you criminally inadmissible are:
Offences that do not have an equivalent law in Canada OR are equivalent to summary offences may not deem you to be inadmissible. Some examples are:
Determine whether or not you are considered inadmissible to Canada
| I Have A Criminal Record | |||||
|---|---|---|---|---|---|
| I do not have a criminal record | I only have a single Summary offence | I have more than one summary offences or other offences | I have a single non-serious offence (punishable by less than 10 years) | I have multiple non-serious offences | I have one or more offence of serious nature |
| You are likely not inadmissible to Canada | You are likely inadmissible to Canada, but there are options available to you. | ||||
Canada acknowledges the power of rehabilitation and passage of time by granting those who meet eligibility deemed rehabilitation after a certain period of time. This is an automatic process to permanently overcome inadmissibility.
To be deemed rehabilitated, you must meet the eligibility criteria. Being deemed rehabilitated would mean that your record is wiped clean for the purposes of Canadian immigration. However, it is still not a guaranteed entry pass through the border as at the end of the day, the final decision always lies on the CBSA officer. Thus, it is highly recommended to carry a Legal Opinion Letter for your first time crossing the Canadian border after being deemed rehabilitated.
Eligibility for deemed rehabilitation
| I Have A Criminal Record | |||
|---|---|---|---|
| I have multiple summary offences | I have a single non-serious offence (punishable by less than 10 years) | I have multiple non-serious offences | I have one or more offence of serious nature |
| If it has been more than five (5) years since the completion of your most recent sentence, you are likely deemed rehabilitated. | If it has been ten (10) years since the completion of the most recent sentence, you are likely deemed rehabilitated | You are not eligible to be deemed rehabilitated | You are not eligible to be deemed rehabilitated |
Canada offers two ways of being deemed rehabilitated if you are criminally inadmissible:
If the following criteria are met, you will be deemed rehabilitated in Canada automatically.
As laws change constantly, it is very important to know the exact date of your conviction especially for a driving offence (DUI, DWAI, DWI, OWI, OVI, OUI, reckless driving/operation). For Driving Under the Influence (DUI), the date of offence alone can determine whether you are inadmissible or admissible to Canada.
If your DUI conviction was before December 18, 2018, it was classified as a hybrid offence with a maximum jail time of five years in Canada. This would mean it is not considered ‘serious criminality’ and after ten years have passed from the date of your completion of sentence (with no other offences), you may qualify for deemed rehabilitation.
If your DUI conviction was on or after December 18, 2018, it is after Canada decided to change its laws and start classifying DUIs as a serious criminality, punishable with a maximum jail time of ten years. This means that there is no possibility of being deemed rehabilitated through the passage of time (even after ten years have passed) and you will require formal rehabilitation or a permit to enter Canada.
Example case 1
Avery was convicted of a single DWI charge on October 1, 2016 and finished her sentencing on February 1, 2017. Since Avery was convicted before December 18, 2018, they are automatically deemed rehabilitated and no longer considered criminally inadmissible on February 1, 2027.
Example case 2
Taylor was convicted of an OWI charge on December 23, 2020. Since this is after the law change, Taylor will never be eligible to be deemed rehabilitated. However, if they completed all conditions of their sentence on March 1, 2021, they are eligible to apply for a Criminal Rehabilitation (CR) on March 1, 2026, when five years have passed since the completion of the sentence. They are also eligible to apply for a Temporary Resident Permit (TRP) if they have a pressing need to enter Canada.
Example case 3
Riley was convicted of a DUI on July 19, 2007 and of ‘harassment’ on September 9, 2009. Even though the DUI conviction from 2007 is not considered a serious criminality, since it is not Riley’s only offence, they will never be deemed rehabilitated. Riley is eligible to apply for a CR after five years have passed since the completion of their last sentence of their most recent offence (harassment in 2009) and eligible to apply for a TRP.
Many people assume they are inadmissible to Canada due to an arrest or a charge, but if you were never convicted or found guilty, you may still be admissible.
Arrest records: If you have been arrested, but there was no conviction, it is also a non-conviction
Dismissed charges: Dropped or withdrawn charges with no conviction
Acquittals: ‘Not guilty’
Expunged/sealed records: Removal of conviction from records (Varies by state)
Absolute Discharge: Found/pled guilty, with no penalty decided from the judge
Pending Charge: A decision by a judge has not been yet made, and thus a conviction has not been made.
Deferred sentence: Found/pled guilty, given probation not a conviction
It is highly recommended for those who are traveling to Canada with a non-conviction to consult and obtain a legal opinion letter from a credible immigration lawyer. This letter will explain clearly to the Canadian Border Services Agency (CBSA) officer why you should not be considered criminally inadmissible as it is the burden of the individual themselves to prove to the officer that there was no conviction. The final decision on whether or not you should be let into Canada is entirely at the discretion of the CBSA officer.
If you believe that you may be criminally inadmissible, there are permanent or temporary options available for you to be able to enter Canada.
Criminal rehabilitation holds the same effect as being deemed rehabilitated, but you must apply and be approved. If it has been more than five years since the completion of your most recent sentence, you are qualified to apply for CR. You will need to prove a standing of good character and provide evidence of rehabilitation in a detailed and accurate application. The processing time could be over a year with no guarantee from the government of how long it will take. Read more about Criminal Rehabilitation or consult an experienced lawyer for assistance to assess your chances of admissibility.
Temporary Resident Permit offers a temporary permission to enter Canada for those travelling urgently with a pressing need (business meetings, family emergencies, travel plans). The CBSA officer must decide your need to enter Canada outweighs the risk of letting you in. A TRP indicates the time period you are allowed to physically be in Canada and the processing time varies based on how you apply; issued immediately at the border or four to eight months. Read more about Temporary Resident Permits or consult a lawyer to avoid unnecessary cancellations of travel plans or delays to Canada.
Yes, you may still be denied entry to Canada on the grounds of criminality. Admissibility is entirely at the discretion of the CBSA officer, and if the officer believes that there is a risk in letting you enter the country, it is in their authority to turn you away, sometimes even with an approved visa or travel permits. With a non-conviction, it is recommended to carry a legal opinion letter. A legal opinion letter can give a detailed explanation of the circumstances of your arrest/charge and clarify why you should not be considered to be criminally inadmissible.
Yes, only with the proper documents. Canada does not classify its offences as a ‘misdemeanor’ or a ‘felony’ like the United States. Canada instead considers whether your offence translates to an Canadian equivalent hybrid or indictable offence and the maximum sentencing that can be imposed for that offence. For example, the offence ‘Petty Theft’ is often classified as a misdemeanor in the United States. However, the Canadian equivalent to this misdemeanor is ‘theft under $5000’, a hybrid offence with a maximum sentence of two years in prison. Since hybrid offences are always considered as an indictable offence in regards to inadmissibility, you will most likely be inadmissible on the grounds of general criminality.
You could be. Since the classification of ‘misdemeanor’ and ‘felony’ does not mean anything in Canada, in order to know whether or not your misdemeanor will affect your admissibility depends on the Canadian equivalent of the offence itself. Then, you are able to know whether the offence is classified as an indictable, summary or hybrid offence in Canada and determine your admissibility.
Canadian border officials can see all criminal charges and convictions available from FBI records with no limit to age of conviction.
It depends. In some cases, a dismissed charge does not deem you inadmissible to Canada and erases your record completely. However, as United States of America’s laws vary by state, it is recommended to have a qualified and experienced lawyer to review and assess your record. For example, a state-specific law such as California Penal Code § 1203.4 allows you to dismiss your DUI conviction, but it will not erase the DUI from your record. This can still be treated as a conviction by the Canadian Border officer as it is on your criminal record. With a dismissed case, it is always advised to carry a legal opinion letter or prepare for the worst case scenario and obtain a Temporary resident permit or Criminal Rehabilitation if eligible.
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