Understanding the Consequences of a Criminal Record on Travel to Canada
US citizens and residents with a criminal history may encounter obstacles when attempting to enter Canada due to “criminal inadmissibility.” Since 9/11, the United States and Canada have been closely sharing information for security purposes. As of 2010, the FBI criminal database and the Canadian RCMP crime database are synchronized. Consequently, Canadian border authorities can quickly determine if an individual has a US criminal record and deny them entry. Even a misdemeanor offense like a DUI can complicate travel plans to Canada. If someone is inadmissible due to criminality, the Canadian Government’s permission is necessary to legally visit the country with a criminal record.
Ways to Gain Entry to Canada with a Criminal Record
There are two primary methods to obtain permission for entry into Canada with a criminal record. The first is acquiring a Canadian Temporary Resident Permit (TRP), which is a speedy process but has an expiration date. The second is through Criminal Rehabilitation, which is a lengthier procedure but provides permanent eligibility. The TRP allows foreign nationals with a criminal history to enter Canada for a limited period, ranging up to three years, with single or multiple entries. On the other hand, Criminal Rehabilitation offers a chance to completely overcome inadmissibility. However, this option is only available to individuals who have completed their full sentence, including fines and probation, at least five years prior. If less than five years have passed since completing the sentence, obtaining a Temporary Resident Permit might be the only option for traveling to Canada with a criminal record.
Entering Canada After an Arrest
Many Americans with criminal records are unaware of the potential problems they may face when crossing the Canadian border without the necessary documentation, such as a TRP or Rehabilitation. It is important to note that the responsibility lies with the traveler to justify their admissibility into Canada. In some cases, individuals found not guilty of a crime may still be denied entry. If the Canadian border authorities see an arrest on a visitor’s record, they may reject admission unless the individual can provide evidence of a “no conviction” outcome. Consequently, people awaiting trial for a crime that could result in inadmissibility may need a Temporary Resident Permit to visit Canada, even before being convicted. Likewise, individuals enrolled in programs like diversion, deferral, suspended sentence, or conditional discharge may face inadmissibility until they fulfill the program’s requirements and obtain documents confirming a favorable outcome.
Under the Canadian Immigration and Refugee Protection Act (IRPA), a sealed record can be equivalent to a criminal record, and sealing a criminal record does not automatically restore admissibility to Canada. With the strict enforcement of Canadian border crossing rules, individuals with a criminal history, including a DUI arrest, may face difficulties when visiting Canada.
Common Travel Restrictions
It is worth noting that drunk driving is the most common offense among US residents who are denied entry to Canada due to criminality. Even a single DUI conviction from the past or a plea down to a reckless driving charge can lead to an international denial of entry. While our Canadian immigration lawyer primarily assists clients with overcoming impaired driving charges, we can also provide guidance to Americans with criminal records related to other types of convictions.
If you have a criminal record and wish to visit Canada for work or pleasure, contact our legal team for a free extensive consultation!
Deemed Rehabilitation
In some cases, individuals with a single misdemeanor on their record may be deemed rehabilitated ten years after completing their full sentence. By virtue of time, they can become admissible to Canada once again. However, if someone has multiple misdemeanors or a felony conviction, Deemed Rehabilitation may not apply, and they may never be admissible over time. Therefore, individuals with multiple misdemeanors or a single felony on their record may remain inadmissible to Canada, even several decades after the offense, unless they receive special approval for entry.
Moreover, offenses involving weapons, property damage, or violence may also permanently disqualify an individual from Deemed Rehabilitation. Assault and domestic violence are examples of crimes that do not qualify for Canadian Deemed Rehabilitation, potentially resulting in lifetime inadmissibility without acquiring Criminal Rehabilitation. Since December 18, 2018, a DUI is considered a serious crime in Canada, eliminating the automatic allowance for Americans with an impaired driving offense to enter after ten years.
Crimes That Can Render a Person Inadmissible to Canada
Individuals arrested or convicted of various crimes may be barred from entering Canada. The list includes crimes such as arson, accessory, animal cruelty, assault, battery, bribery, burglary, child abandonment, child abuse, child pornography, computer crime, conspiracy, corporal injury to a spouse, credit card fraud, criminal contempt of court, cyberbullying, debit card fraud, disorderly conduct, disturbing the peace, domestic violence, drug possession, drug manufacturing and cultivation, drug distribution, drug trafficking, DUI, DWI, driving with a suspended license, embezzlement, extortion, false imprisonment, forgery, fraud, harassment, hate crimes, hit and run, homicide, identity theft, illegal bookmaking, indecent exposure, insurance fraud, involuntary manslaughter, kidnapping, larceny, leaving the scene of an accident, money laundering, murder, obstruction of a peace officer, perjury, probation violation, prostitution, pyramid schemes, racketeering or RICO, rape, receipt of stolen goods, reckless driving, reckless endangerment, robbery, securities fraud, selling alcohol to a minor, sexual assault, shoplifting, solicitation, stalking, statutory rape, tax evasion, tax fraud, telemarketing fraud, theft, trespassing, vandalism, vehicular assault, voluntary manslaughter, and wire fraud.
Additionally, drug possession or sale of illegal substances, including amphetamines, cocaine, flunitrazepam (rohypnol), GHB, heroin, ketamine, LSD, MDMA (ecstasy), mescaline, methamphetamine (meth), opium, PCP, psilocybin, anabolic steroids, and other controlled substances, can result in inadmissibility to Canada. Possession of marijuana is no longer an automatic disqualifier, as long as an individual had less than 30 grams. However, possession of more than 30 grams or multiple marijuana-related charges may cause issues at the border. Possession of prescription drugs without a valid prescription, such as painkillers like Oxycodone (Oxy) or ADHD medication like Ritalin, Adderall, and Dexedrine, can also lead to inadmissibility.
It is essential to understand that a conviction’s seriousness is determined based on the equivalent offense in Canada. For instance, a DUI conviction in the United States may be a misdemeanor or a misdemeanor wet reckless driving conviction, which is not a felony. However, due to the equivalent offense’s potential seriousness in Canada, it can still prevent an individual from crossing the border. Hybrid offenses in Canada, which can be both summary offenses (minor crimes) or indictable offenses (major crimes), are treated as indictable at the border. This is why it is challenging to enter Canada with a criminal record, even without any felonies. An old DUI or reckless driving record can impact the entry of a US passport holder.
Urgent Travel to Canada with a Criminal Record
In urgent cases, it is possible to visit Canada quickly with a criminal record by successfully petitioning the Government for an emergency TRP at the border. Admissibility to Canada is determined according to Canadian law, based on the equivalent foreign criminal offense. If an offense committed outside Canada, such as in the United States, can be deemed criminally inadmissible to Canada, entry may be denied at the border. However, individuals may be granted special entrance permission if they apply for a TRP at the border and meet the criteria for an emergency situation. Another option for advanced permission is obtaining a TRP through a Canadian Consulate. Generally, individuals with a felony criminal record may face more difficulties at the border compared to those with a misdemeanor criminal record, although visiting Canada with a misdemeanor conviction can still be extremely challenging.
Can You Visit Canada with a Criminal Record?
Many foreign nationals, especially Americans, are surprised to learn that even a minor offense like a first-time DWI can make them ineligible to visit Canada. While it may seem reasonable to exclude individuals with a history of violent or sexual crimes, some find it absurd that US residents with a first-time DWI offense cannot visit without permission. Impaired driving now carries a maximum ten-year prison sentence in Canada, making such offenses serious criminality.
Determining Admissibility
Determining admissibility to Canada becomes challenging if you have a criminal record. When facing charges abroad, such as in the United States, Canadian admissibility is determined solely based on the equivalent Canadian law. If the equivalent offense in Canada is indictable, similar to a US felony, the individual may be deemed criminally inadmissible and refused entry. On the other hand, if the Canadian equivalent is a summary offense, similar to an American misdemeanor, the individual may be admissible without needing a TRP or Rehabilitation, provided there is only one conviction or they have maintained a clean record for more than five years.
Hybrid offenses in Canada, like DUI, can be treated as both misdemeanors and felonies. Therefore, they have the potential to render someone inadmissible to Canada. While expungement of criminal records can equate to non-convictions in some states, Canadian authorities may not treat every expungement in the same manner. Therefore, it is advisable to consult with a Canadian lawyer regarding your specific situation. A criminal record that can lead to a sentence of ten years or more in Canada can be classified as serious criminality by governmental authorities.
Traveling with a Criminal Record and Entry to Canada
A criminal record, whether it involves shoplifting or a conviction for possession of cocaine with intent to sell, can complicate travel plans beyond the United States. Since Canadian border authorities have access to American criminal databases, it is easy to be flagged when entering the country. As a result, many US residents with felony or misdemeanor criminal records proactively apply for a Canada Temporary Resident Permit (TRP) or Rehabilitation before visiting. Obtaining a TRP in advance is typically a smoother process than seeking one after being barred by immigration authorities.
Remember, DHPL Travels is here to assist you in navigating the complexities of traveling to Canada with a criminal record. Contact our legal team for a free and extensive consultation. Plan your trip to Canada with confidence!
