Esser & Sandberg - Lawyers serving Pullman, WA

Visiting Canada With A Criminal Record


**Laws change frequently, and each individual's situation is unique. Therefore, the following article is not intended as legal advice. To obtain particularized, up-to-date legal advice, please contact us.**

If you have been convicted of a misdemeanor or felony in the US that is considered an "offence" in Canada, you may be "criminally inadmissible" to Canada. "Criminally inadmissible" means that the Canadian government has determined that you pose too great a risk to be allowed to visit Canada. Depending on the seriousness of the crime and the time since completing the sentence, you may be able to restore your right to visit Canada.

Juvenile Offenses

   If you were tried and convicted in the US as a Juvenile, you are not restricted from visiting Canada. Although tried in the US as an adult offense, minor in possession/consumption is a juvenile offense in Canada, so a conviction for MIP will not make a person inadmissible.

Adult Offenses

   Admissibility to Canada for crimes committed as an adult depends on the maximum possible sentence for the equivalent crime in Canada. A "summary offence" in Canada is similar to a misdemeanor in the US. It is a crime punishable by a maximum of 6 months (or one year) in jail and a fine of $2000. An "indictable offence" in Canada is similar to a felony in the US. It is normally anything punishable by over one year in jail and a fine over $2000.

"Summary Offences"
  • Disorderly Conduct
  • Drunk in Public
  • Supplying Liquor to Minors
  • Driving While License Suspended (depends on reason suspended)
   If you have only one conviction that counts as a "summary offence", you may visit Canada freely. However, if you have two or more convictions for "summary offences", you will be inadmissible for a period five years from the time of the completion of your sentence (includes fines, community service, parole, but not probation). After the expiration of five years, you will be "deemed rehabilitated" and under no restrictions.

"Indictable Offences"
  • DUI
  • Negligent or Reckless Driving
  • Driving While License Suspended (if reason for suspension was indictable offence)
  • Drug Crimes
  • Firearms Offenses (or any weapons)
  • Theft
  • Burglary
  • Violent Crimes
  • Sex Crimes
   If you have been convicted* of a crime equivalent to an "indictable offence", you are inadmissible to Canada for a minimum of five years from the completion of your sentence (includes fines, community service, parole, but not probation). After these five years, you can apply for rehabilitation. Rehabilitation is at the discretion of the consular officials and is not guaranteed. After ten years, you will be "deemed rehabilitated" and under no restrictions. If the conviction is for a serious crime, it may lead to permanent inadmissibility.

*Deferred prosecution will count as a conviction. Also, if you entered a plea agreement, the original charge may be used to determine admissibility.

Serious Crimes

   Any crime for which the maximum sentence (in Canada) is greater than ten years will disqualify the offender from being "deemed rehabilitated". This includes second offenses of less serious crimes. However, one can still apply for rehabilitation five years after the completion of their sentence.

Exceptions

   If a person who does not qualify for rehabilitation can show a serious, legitimate need to enter Canada, he may be able to receive special permission to visit. These reasons include visiting a dying family member or visiting on business (where the person will lose their job if they cannot enter Canada). Only the most serious and grave circumstances will be considered.

Applying for Rehabilitation

   The procedure to apply for rehabilitation is complicated and varies between people and convictions. We can determine your eligibility to apply and assist you in the application process.