How Long After a Felony Can I Visit Canada?

The Canadian border is one of the most strict in the entire world. If a visitor has a past conviction that would equate to a potentially indictable crime, it can render them inadmissible and cause border authorities to deny entrance. In Canada, many crimes are classified as "hybrid" which means they could be prosecuted as a summary offense (similar to a misdemeanor) or an indictable offense (similar to a felony). Under Canadian immigration law, however, hybrid offenses are always treated as indictable. Consequently, many misdemeanors and almost all felony convictions from the United States can render a traveler inadmissible and block the person from entering.

When evaluating the seriousness of a felony, the Canada Border Services Agency (CBSA) looks at the maximum punishment possible for the equivalent offense in their country. For this reason, a felon is often considered inadmissible to Canada for life as even a misdemeanor DUI can be classified as serious criminality under this policy. This being said, if an American has a single felony and no other criminal history, it is possible they could be considered "Deemed Rehabilitated" and allowed back into Canada if they prove the offense equates to a non-serious crime and that all court requirements were finished more than ten years ago. For example: someone with a drug felony might gain entry by proving the offense involved simple possession of a small quantity for personal use and that all sentencing was completed at least a decade ago. In many cases a fingerprint-based background check is also needed to prove to border officers you have no other charges in your past including misdemeanors. A Canadian immigration lawyer should always be consulted regarding eligibility.

If a US citizen or Green Card holder wants the ability to enter Canada with a felony record, they can apply to overcome their inadmissibility via Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR). A TRP is the quickest approach, but is only a short-term solution and requires an important reason for travel such as visiting close family or work/business. CR is a permanent pardon that can cover a person for life, but takes longer to obtain and you are only eligible once it has been five years from completion of all sentencing. Some people apply for both a TRP + CR at the same time, with the goal of securing fast access while also fixing their situation permanently for future travel.

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What If I Have Two Felonies?

If a US citizen has two or more felony convictions, it is almost a guarantee they are criminally inadmissible according to Canadian law even if they have had a clean record for a long time. Any hope of a 10-year amnesty generally disappears as soon as a felon is convicted a second time. Even if one of the offenses was only a misdemeanor, if they both equate to hybrid crimes in Canada claiming Deemed Rehabilitation is never possible regardless of how long ago they occurred.

What If My Felony Was Expunged?

In many states it is possible to expunge or set aside a non-violent felony after keeping out of trouble for an extended period of time. Unfortunately, most expungements in America do not wipe the FBI NCIC database. Consequently, Canadian border agents can typically still see an expunged felony. Depending on the jurisdiction and type of expungement, however, it might be possible to argue an expunged felony should now equate to a Record Suspension in Canada and no longer render the offender inadmissible. An experienced Canadian immigration attorney should always be consulted about eligibility.

What Felonies Qualify For 10-Year Amnesty?

If an American has a single felony from a long time ago, it might be possible for him or her to claim "Deemed Rehabilitated by virtue of time" status if the offense is viewed as non-serious by Canada. The onus is always on a traveler to prove their offense qualifies, and many felony convictions simply do not qualify. Furthermore, border agents may assume the worst about an incident, so people trying to claim Deemed Rehabilitation should have supporting documentation such as a police report or court records showing why the offense should be treated as non-serious. Here are a few examples:

• If someone has an old felony for theft, they should have evidence it involved property worth less than $5000.
• If someone has an old felony for possession of a controlled substance, they should have evidence it involved simple possession of a small quantity for personal use (no sale or intent to sell).
• If someone has an old felony for DUI, they should have evidence it did not involve injury to others and occurred before Canada strengthened their driving laws.

Wondering if your felony might qualify for "Deemed Rehabilitated" status? Fill out our contact form now for a no-cost evaluation.