Can You Enter Canada with a Felony?

The Canadian border has full access to the FBI criminal database. Consequently, Americans who have a past felony conviction can run into problems when trying to enter the country. If a traveler arrives at the border and agents detect a past felony that renders the person inadmissible, there is a high likelihood they will be denied entry.

Background checks can automatically be run at all Canadian airports and land borders. This means a felony record can be instantly detected upon presenting your ID at Port of Entry. If a US citizen has a past felony conviction and wants the ability to visit Canada, he or she can apply for Criminal Rehabilitation which involves convincing the Government of Canada they are safe and will never reoffend. In order to be eligible for Canadian Rehabilitation, all court-imposed sentencing including any probation or parole must have been completed at least five years ago.

If you need to enter Canada with a felony but are not yet eligible for Rehabilitation due to the 5-year eligibility requirement, it is possible to apply for a Temporary Resident Permit (TRP). Getting approved for a TRP is not easy, as applicants must show evidence of an important reason for travel such as business or visiting close family. Consequently, Rehabilitation is a much better option for tourists who want to vacation in Canada. Most people who pursue a TRP do so for work-related reasons, not leisure.

Want to enter Canada but have a felony? Contact our team today for a free consultation!

Rehabilitation vs. TRP

Once approved for Criminal Rehabilitation, a person's felony history is permanently overcome and the individual can be free to visit Canada as often as they wish. Since this procedure can enable an American to go to Canada dozens of times over the years, authorities scrutinize the paperwork in detail. Consequently, the government review is rather slow and most Rehabilitation applications take at least 12 months for processing.

US citizens who are interested in gaining permanent access to Canada but cannot wait a year or longer before traveling will sometimes apply for both a Temporary Resident Permit and Rehab together. This is because a TRP application gets reviewed much faster than a Criminal Rehabilitation application. By applying for both at the same time, the individual can potentially get into Canada quickly while also resolving their inadmissibility once and for all. In urgent circumstances, it is possible to bring an expedited TRP application to the border for instant adjudication. This is extremely risky, however, and unless the situation is a true emergency many agents will be unwilling to grant a border TRP to a felon and will instead deny admittance and tell them to apply for access through the normal channel.

Are All Felons at Risk of a Border Denial?

Admissibility to Canada is determined by how a crime equates to Canadian law. If the equivalent crime in Canada could be considered an indictable offense (their version of a felony), it can cause the convict to be refused admittance. Even crimes that equate to a hybrid offense can be considered excludable according to Canadian immigration law, which is why many misdemeanor convictions such as DUI can also be problematic at the border.

While most felony convictions in the United States put a US passport holder at risk of being blocked from entering Canada, there are a few that may not. For example: in some states, it is possible to get convicted of a felony for possession of a small quantity of marijuana, which would likely not equate to a crime north of the border. There are also some felonies that do not equate to serious criminality in Canada, and thus might qualify for Deemed Rehabilitated by virtue of time status after ten years if the person has no other arrests. Even so, the admissibility rules set by Immigration, Refugees and Citizenship Canada (IRCC) can be complex, so a qualified attorney should always be consulted before going to Canada with felony charges in your past.

Flying vs. Driving

An American citizen with a criminal history can be denied entry by Canada at both a land border or airport; method of travel does not impact admissibility. Felons can even run into trouble trying to take an Alaskan cruise that goes through Canadian waters. This is because the Canada Border Services Agency (CBSA) receives a passenger manifest, which can enable them to flag passengers on the ship that have a criminal record. Even if the person doesn't plan to get off the cruise ship when it stops in Canada, CBSA may come looking for them especially if their felony equates to serious criminality.

How Far Back Does Canada Check?

There is no limit to how far back the Canadian border checks visitors for convictions. Our law firm has been contacted by American citizens who were halted at the border and denied access due to felonies from as far back as the 1970s and 1980s. Whether it's a felony for assault causing injury, a felony for possession of a controlled substance with intent, or a felony for fraud, if the offense is discovered by border authorities it can be an obstacle to entry regardless of how long ago it occurred. This being said, when it comes to obtaining special permission to enter Canada with a felony, it is often easier to get approved if you have had a clean record for a long time.

Can I Enter Canada if I Have a Felony That Has Been Expunged?

Even if your felony has been successfully expunged in the jurisdiction it occurred, it is possible that it will still render you criminally inadmissible according to Canadian law. To begin with, expunging a felony does not usually hide it from the Canadian border as they have access to higher level crime databases than most employers. Furthermore, expungements are not automatically recognized by Canada. In order to equate to a non-conviction, an expungement from the United States will often need to equate to a Record Suspension (Canada's version of an expungement). To help people enter Canada with a felony that has been expunged, when possible an experienced lawyer will often prepare a Legal Opinion Letter equating an offense to a Record Suspension and thus establishing that it should no longer render their client inadmissible.

In a few states, such as California, a felony conviction can potentially be expunged quickly, sometimes as soon as all sentencing including probation has been finished. In Canada, however, it is typically not possible to qualify for a Record Suspension for a minimum of five years from the date all sentencing was completed. This means a Legal Opinion Letter is not always possible, and some people will still require a TRP even after they expunge their felony.

Have a past felony and wondering if you can go to Canada? Phone our legal team now for free information!

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