The US and Canada have different classes of crime, which can cause some confusion when it comes to the rules for criminal inadmissibility. In this article, we break down how misdemeanor offenses on your criminal record could affect your ability to enter Canada and highlight how certain impaired driving offenses, such as DUIs, are usually treated as more serious crimes than they may be in the US.
Getting a Passport with a Misdemeanor
In most cases, having misdemeanor convictions or misdemeanor warrants will not prevent you from getting a US passport. The US Department of State is mainly concerned with certain serious felony convictions as well as felony warrants when it comes to deciding whether to issue a passport.
Other factors that could lead to being denied a passport include significant non-payment of child support, and seriously delinquent federal tax debts.
Of course, if you are subject to a court order or have parole/probation conditions that state you may not leave the country, then you would also be denied a passport.
You will be asked about a range of legal matters on your passport application form. Being dishonest or misrepresenting your true legal situation at this stage is a federal crime that can carry a penalty of up to 25 years in prison, so it’s important to be upfront and transparent.
International Travel With a Misdemeanor
With a passport in hand, you should be able to leave the United States without issue, but you can still face some serious obstacles when attempting to enter other countries with a criminal record. This applies even if you have misdemeanor convictions that are viewed as quite minor offenses in the US.
It’s important to research the entry requirements and specific criminal admissibility policies of each country you would like to visit before making travel arrangements. In many cases, there will be certain procedures that must be followed prior to arrival in order to ensure you won’t be turned back at the border.
Pending Misdemeanors
Just because you haven’t yet been convicted of a misdemeanor, it doesn’t mean you’re in the clear when it comes to international travel. If you have been arrested for or charged with a misdemeanor crime, attempting to leave the country before a verdict has been reached could be a violation of your bail conditions.
You could also run into problems at your destination – many countries have information-sharing agreements that would flag up pending charges and arrest warrants that could lead to you being denied entry on arrival. Such agreements are in place in Australia, Canada, and the UK, for example.
Entering Canada with a Misdemeanor
Let’s move on to the main question at hand – can you enter Canada with a misdemeanor conviction in your past? What if you’ve got a few? Well, the distinction between misdemeanor and felony does not translate neatly into Canadian law, and when it comes to immigration, the Canadian government instead distinguishes between serious criminality and non-serious criminality. Let’s get into it.
With felony convictions, it’s usually quite clear – the equivalent crimes in Canada would be punishable by a maximum of more than 10 years in jail, and are therefore regarded as serious crimes, automatically making you criminally inadmissible to Canada. To get around that, you must wait a significant period of time – 5 years – before going through the Canadian Criminal Rehabilitation process. The only alternative is a Temporary Resident Permit, which does not have an explicit waiting period, but requires evidence of a real necessity to travel to Canada.
A single non violent misdemeanor, on the other hand, where the maximum sentence would be less than 10 years if committed in Canada, might not lead to a judgment by the Canada Border Services Agency that you are criminally inadmissible to Canada.
If your criminal record consists of two or more crimes that, if committed in Canada, would be classed as ‘summary offences’ (most misdemeanors), then you may be deemed rehabilitated after just 5 years, and not have to apply for any special permissions to enter Canada.
This does not apply to DUI, DWI, and other impaired driving offenses, which are regarded as serious criminality in Canada.
Temporary Resident Permit
A Canadian Temporary Resident Permit (TRP) is an authorization attainable through application, granting an individual entry into the country for a predetermined amount of time. This permit’s validity typically lasts for your intended visit to Canada. For example, if you plan to attend a one-week conference, your TRP will span precisely that duration. A Canadian immigration attorney who has past experience with successful TRP applications can be a big help when pursuing this route to overcoming criminal inadmissibility.
TRP Processing Time
Canadian immigration officials usually process TRP applications more quickly than Criminal Rehabilitation applications. You can expect to receive a decision in 1-8 months, with around 4 months being the most common time frame. This makes it an attractive option for those who need a fast decision in order to make it to a specific event or work placement.
Criminal Rehabilitation
To be eligible to apply for Criminal Rehabilitation, at least five years must have passed since you completed your sentence. This includes any additional conditions such as probation or parole that you had to complete as part of your sentencing.
You will be asked by the Canadian Government to show that the five years has passed, and also that you now have a stable lifestyle, permanent home, steady employment, and good character.
Deemed Rehabilitation
If more than 10 years has passed since you completed the sentence for your crimes – including probation, fines, and any other conditions that were imposed – you may be eligible for deemed rehabilitation, and therefore not need to submit a full Criminal Rehabilitation application. In cases where you have two or more summary convictions (roughly equivalent to a misdemeanor conviction) rather than a felony, only five years must have passed.
You are eligible to apply for deemed rehabilitation in cases where your crimes:
- Would have a maximum prison term of less than 10 years if committed in Canada
- Are not considered serious criminality in Canada
- Did not involve any serious property damage, physical harm to any person, or any type of weapon
If you live in the US and meet these conditions, you can travel to a Canadian Port of Entry and ask to be deemed rehabilitated without prior arrangement. You must ensure that you bring all documents related to your criminal history in order to prove your claim of being rehabilitated. Those who live outside the US can visit their nearest Canadian consulate for an assessment free of charge.
It’s important to note that as of 2018, impaired driving offenses such as DUI, DWI, OWI, and wet reckless driving are now considered serious criminality in Canada. This means those convicted of these offenses are not eligible to be deemed rehabilitated automatically, and must go through either the TRP or Criminal Rehabilitation application processes.
FAQs
Can you go to Canada with a misdemeanor?
It depends on the misdemeanor. A single misdemeanor might not lead to being deemed criminally inadmissible to Canada, but it has to have been for a crime with a maximum possible sentence of less than 10 years imprisonment according to the equivalent Canadian law.
If you have two or more misdemeanors, you would be deemed criminally inadmissible to Canada, and have to wait a period of 5 years before being deemed rehabilitated.
Talking to Canadian immigration lawyers with experience in these areas can quickly clear up how the immigration authorities might respond to your particular circumstances.
How long after a misdemeanor can you go to Canada?
If you have a single non violent misdemeanor conviction, you may still be admissible to Canada, but it must have been for a crime that could not be punished by a maximum of 10 years or more imprisonment if committed in Canada.
If you have two or more misdemeanor convictions that would be treated as summary offences in Canada, you will likely be able to be deemed rehabilitated after 5 years, which would mean not having to go through the Criminal Rehabilitation process.
DUI and other impaired driving offenses are regarded as serious crimes in Canada, so they would disqualify you from being automatically deemed rehabilitated. In these cases Criminal Rehabilitation or a Temporary Resident Permit should be secured before arriving in Canada to ensure you are not turned away at the border.
How does Canada know about past criminal offenses?
The Canada Border Services Agency (CBSA) has access to the United States National Crime Information Center’s (NCIC) criminal database, which is linked with all federal, tribal, state, and local law enforcement agencies in the US.
If you have any kind of criminal record, the two main ways to ensure you will not be deemed criminally inadmissible is to first obtain a Temporary Resident Permit (TRP), or Criminal Rehabilitation. Dogen Law has years of experience assisting with the application processes for both.
How Dogen Law Can Help
If you’re planning to visit Canada but have a past misdemeanors that could make you inadmissible, seeking guidance from an immigration lawyer can significantly simplify the entry process.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Our team can assist you with applications for Temporary Residence Permits and Criminal Rehabilitation to help you overcome criminal inadmissibility to Canada.
Get in touch today by completing our online assessment to see if you are eligible.
