Lawgical Law Corporation

Often not without permission. A single DUI or DWI conviction can make you inadmissible to Canada, even for a weekend trip. Depending on when the offence happened and when your sentence ended, you may need criminal rehabilitation or a temporary resident permit (TRP). For some older offences, you may already be deemed rehabilitated.

Why Canada treats a DUI seriously

On December 18, 2018, Canada raised the maximum sentence for impaired driving to 10 years. Under immigration law, that makes it serious criminality.

Canada looks at the equivalent Canadian offence, not the label used in your state. A DUI, DWI, OWI or OVI conviction is usually treated as impaired driving.

Canadian border officers can see US criminal records. Do not assume an old or minor offence will go unnoticed.

Your options at a glance

Option Who it fits Key point
Deemed rehabilitation Some older offences committed before December 18, 2018 Happens automatically after enough time; no application. Generally not available for impaired driving committed on or after that date.
Criminal rehabilitation At least 5 years after your sentence ended, including probation A permanent fix. Processing can take more than a year.
Temporary resident permit You need to travel before you can be rehabilitated, or while an application is pending Must show a good reason for the trip; the officer weighs it against any risk.

Deemed rehabilitation

For impaired driving committed before December 18, 2018, the older, lower penalties apply. If you had a single conviction and at least 10 years have passed since you completed your sentence, you may be deemed rehabilitated and no longer inadmissible.

For impaired driving committed on or after December 18, 2018, deemed rehabilitation is generally not available. You will usually need to apply.

Criminal rehabilitation

Criminal rehabilitation permanently removes the inadmissibility. You can apply once at least five years have passed since the end of your sentence, including probation, fines and licence suspensions.

A strong application includes court records, proof the sentence was completed, police certificates and evidence of your life since the offence. Apply well before you plan to travel.

Temporary resident permit

A TRP lets you enter Canada for a set purpose and time, even though you are inadmissible. You must show a good reason for the trip, such as work, a family event or business, and that you pose little risk. Even with a TRP, the border officer makes the final decision on entry.

What about a felony or other conviction?

Other convictions, including felonies, theft, assault and drug offences, can also make you inadmissible. The same options usually apply. Pending charges can cause problems too, even before a conviction. See Can felons go to Canada?

Do not misstate your history

If you are asked about your criminal record, answer accurately. Misrepresentation at the border brings its own five-year ban from Canada.

We are minutes from the border

Our Surrey office is close to the Peace Arch and Pacific Highway crossings, and our Abbotsford office is close to Sumas. We work with clients across the United States by phone, video and email. See our page on entering Canada with a DUI or criminal record, or book a consultation.

FAQ

Can I go to Canada with a DUI from 10 years ago?
If the offence was before December 18, 2018, you may be deemed rehabilitated after 10 years. If it was on or after that date, you will usually need to apply for criminal rehabilitation.

How long after a DUI can I enter Canada?
You can apply for criminal rehabilitation five years after your sentence ended. Before then, a TRP may let you enter for a specific trip.

Can I just drive across and explain at the border?
You can be refused entry. Get advice before you travel, especially if your trip is soon.

Sources (official)