Entering Canada With A DUI, What You Need To Know

Canada has some of the toughest restrictions on travelers entering the Country in the World.  If you have a conviction for any criminal offense in California or anywhere else in the United States, here is what you need to know:Canada is a major destination for travel and commerce. In some cases, travellers are being rejected at points of entry due to a previous criminal offence. Canada does not distinguish between a misdemeanour and a felony; therefore if you have a pending criminal charge or are on probation for a crime you may no longer be able to travel to Canada, even for a short trip. What makes a person Inadmissable?  Any conviction for a felony and most misdemeanors.  Interestingly, Canada does not distinguish between felonies and misdemeanors so a charge of DUI, drunk driving, reckless driving, manslaughter, theft, writing a bad check, etc.  can result in your denial of entry. If you are deemed inadmissible There are two ways in which one can overcome their inadmissibility to Canada: Criminal Rehabilitation and Temporary Resident Permits.  We will discuss both of them independently:

Criminal Rehabilitation will permanently resolve an individual’s inadmissibility on a permanent basis as long as 5 years have passed since the completion of their sentence for a non- serious crime. If successful, the conviction(s) will no longer be a limitation to enter Canada.

The first step is to determine if the offence that the individual was convicted of is equivalent to a criminal offence in Canada. However, this is a difficult task that often requires legal expertise.
At least 5 years must have elapsed since the completion of a sentence in order to be eligible for criminal rehabilitation.
If 10 years or more have elapsed, and the individual has only one non-serious conviction, s/he would be deemed rehabilitated and admissible to Canada. However, we recommend a Legal Opinion Letter in order to explain any history of criminality. 

Temporary Resident Permits will allow individuals who are criminally inadmissible to Canada to enter the country for a limited period of time.

Immigration officers will evaluate TRP applications and approve them if the individual has a signi cant reason for entering Canada. Travelling to Canada for business purposes and/ or for reasons that benefit Canada will improve their chance of success. 

A temporary resident permit is necessary for entry to Canada if:

Less than 5 years has passed since completing a sentence for a crime equivalent to a Canadian federal offence.

More than 5 years has passed and criminal rehabilitation has NOT been approved. 

Will a "Wet Reckless" in California Prevent You From Entering Canada?

So you got a wet reckless deal reduced down from a DUI in California and now have aspirations of traveling to Canada on a business trip or perhaps on a pleasure vacation with your family, how will that past indiscretion affect your ability to fly into the country or depart a cruise ship into Canada?  Well, the short answer is that it may render you "inadmissible" which means you will be barred for entry into the country forever.  You see, Canada deems all misdemeanor crimes to be the same as a felony offence, these include minor traffic tickets such as reckless driving, exhibition of speed, driving while under suspension, drunk driving and DWI.

How does Canada find our about your past conviction?  All information that is available to U.S. authorities through various databases such as the FBI and California Department of Justice are shared with Canada.  While not all information is shared between the two countries, the current US-Canada security arrangements signed by President Obama do empower the Canadian and US border patrol agents to access our respective criminal registry systems.  Although the signed agreements were rarely applied in the pre "911" era, agents now routinely run checks and background investigations on all incoming travelers regardless if traveling by air, sea or land.

So what can be done.  According to Torrance DUI Attorney Matthew Ruff, who has represented numerous clients charged with DUI over the last 30 years, first, try and obtain an expungement of the conviction in California Court.  Try and get the case record sealed or dismissed whenever possible.  Avoid being placed on probation for any misdemeanor, attempt to obtain a diversion disposition which does nor result in a conviction on your record.  If this is not possible, you can apply for a temporary resident permit or a waiver if your travel is for short duration.  A criminal pardon is also possible if the crime occurred more than 5 years prior.  A "criminal rehabilitation application can be obtained and processed.  It is best to go through a Canadian attorney who has familiarity with the laws in that country.  A successful pardon can restore admissibility and erase the offense from your Canadian record.

At the end of the day, be honest with the immigration officials if asked about a prior arrest or criminal conviction.  many officers will give you a break and ignore minor transgressions if you are up front with them at the outset. Many DUI charges that were "back in the college day" or were isolated and remote are simply disregarded and the traveler is able to pass through.