Can You Visit Canada If You Have a Misdemeanor?

The Canadian border has full access to the FBI's National Crime Information Center (NCIC) database. Consequently, as soon as a traveler hands over their ID, border agents can instantly detect if the individual has a criminal history in the United States. If a border agent discovers that a visitor has committed a past offense that could constitute an indictable crime in Canada, there is a considerable likelihood they will deny the person entry.

In Canada, many crimes are considered "hybrid" offenses, which means prosecutors could pursue either summarily (similar to a misdemeanor) or by indictment (similar to a felony). Under Canadian immigration law, hybrid offenses are treated as indictable. Consequently, Canada's border agents will often view a misdemeanor similar to a felony conviction.

In some cases, a misdemeanor can even be considered serious criminality by Canada. This is because their immigration rules evaluate a foreign conviction by the maximum punishment possible in their country. For example: a first-offense DUI misdemeanor in USA is typically considered equivalent to a serious crime punishable by up to 10 years in jail. This means a single misdemeanor for impaired driving can render an American criminally inadmissible to Canada for life.

If a US citizen or Green Card holder has a past misdemeanor and wants the ability to enter Canada, he or she can apply for special permission to cross the border via Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR). A TRP entry waiver is the fastest option, but requires a "compelling" reason for travel such as business or visiting close family. The maximum duration possible for a TRP is three years. CR is a permanent pardon but takes substantially longer to obtain and is only available to people who finished all court requirements including probation more than five years ago.

Want to visit Canada but have a past misdemeanor? Contact our team today for a FREE consultation!

What If I Only Have a Single Misdemeanor?

Even a single misdemeanor with no other criminal record can cause an American to be denied entry by Canada. If the equivalent crime north of the border could be considered indictable, a misdemeanor from the United States can be grounds for an entrance denial even if it was an isolated incident. In general, if an individual only has a single misdemeanor in their past they will likely be a good candidate for Canadian Rehabilitation for Americans once eligible. If a person has multiple misdemeanors or a felony in their past, however, getting approved for a Canadian TRP waiver or Rehabilitation pardon will normally be more challenging.

Does a Misdemeanor Record Guarantee Denial?

It is not guaranteed you will be refused admittance at Canada's border because you have a misdemeanor charge in your past. While a misdemeanor can render a person inadmissible to Canada on grounds of criminality, admission to the country is ultimately at the total discretion of border agents. If a border officer wants to, he or she could decide to overlook a person's inadmissibility. For example: if a person is traveling to Canada for a funeral, the agent might be comfortable letting them in for compassionate reasons despite their misdemeanor history.

Gambling at the Canadian border is usually not a smart strategy, so most Americans who are inadmissible due to a misdemeanor either avoid the nation or apply for access. If someone has a solo misdemeanor from more than 10 years ago with no other arrest history, they might be eligible to claim "Deemed Rehabilitated by virtue of time" status if the offense is considered non-serious by Canada and all sentencing was finished in a timely manner. A qualified Canadian immigration attorney should always be consulted regarding eligibility.

Can I Visit Canada with a Misdemeanor That Has Been Expunged?

Even if a misdemeanor in the USA has been successfully expunged, it is highly likely the incident will still be visible to the Canadian border via FBI NCIC database. This being said, depending on a variety of factors such as the type of expungement, type of misdemeanor, and date all court requirements were finished, it might be possible to argue the offense should now equate to a non-conviction under Canadian law. For example: an experienced Canadian immigration lawyer might be able to prepare a Legal Opinion Letter showing border agents the expunged misdemeanor should no longer render their client inadmissible. If the agent agrees, they can allow the person to successfully cross the border. Such a solution is typically only possible with a real expungement; sealing a misdemeanor record does not commonly impact admissibility.

What If I Was Not Guilty?

There is no presumption of innocence at the Canadian border. As a result, if border authorities discover a misdemeanor charge in a person's past they may not be willing to let him or her enter unless they see clear evidence of a non-conviction outcome. If a US citizen was charged with a misdemeanor but beat the case, court documentation showing all charges were dropped or dismissed will often satisfy the agent. If an individual avoided a conviction via a diversion or deferment program, however, proving admissibility can be more complex and a qualified attorney should be consulted. If joining the first-offender program required an admission of guilt, or if Canadian authorities believe the individual "committed the act", it is not always possible to present a strong argument for admissibility even if the person did not get convicted.

Can You Go to Canada with a Pending Misdemeanor Charge?

Visitors with a pending case could be turned away by Canadian border officers if the equivalent charge north of the border might be indictable. According to the country's border rules, Canada Border Services Agency (CBSA) authorities can essentially assume a conviction is a foreign national has been charged with a crime and cannot prove they will not be convicted. For this reason, it is common for people to cancel their travel plans and avoid Canada after they get arrested, with the intention to rebook their visit in the future after they go to court and hopefully get their misdemeanor charges dismissed.

Questions about how to get into Canada with a misdemeanor? Phone our legal team today!

Frequently Asked Questions (FAQ):
Do felonies block entry to Canada?
Does a criminal record stop me from visiting Canada?
Can an American felon go to Canada?