Sometimes, but not always. Canada does not use the US word “misdemeanor”. A border officer compares your offence with the closest Canadian offence. Many misdemeanors match Canadian offences that make you inadmissible. Others are minor enough that one conviction does not, or enough time has passed that you are deemed rehabilitated.
Why “it was only a misdemeanor” is not the answer
Canada looks at what you did, not at how your state labelled it. The officer finds the Canadian offence that matches the conduct in your court records, then looks at how Canada can prosecute it.
- Offences Canada can prosecute as indictable, including “hybrid” offences that can go either way, can make you inadmissible for criminality, even after a single conviction. Many common misdemeanors fall here.
- Offences that are only minor (summary) offences in Canada usually do not make you inadmissible after a single conviction. Two or more such convictions from separate incidents can.
- Offences with a maximum of 10 years or more in Canada are serious criminality, even if your state treated them as a misdemeanor. Impaired driving is the most common example.
Common misdemeanors and how Canada may see them
| US misdemeanor | Closest Canadian offence | Likely result |
|---|---|---|
| DUI, DWI or OWI | Impaired operation | Serious criminality for offences on or after December 18, 2018 |
| Petty theft or shoplifting | Theft under $5,000 | Criminality |
| Simple assault | Assault | Criminality |
| Disorderly conduct | Often causing a disturbance | One conviction usually does not make you inadmissible |
| Reckless driving | Depends on the facts | Ranges from not criminal to serious criminality |
| Drug possession | Depends on the drug | Cannabis is treated differently since 2018; other drugs usually criminality |
The result depends on the exact charge and facts, so the court records matter more than the name of the offence.
Deemed rehabilitation: when time solves it
If your offence is criminality, not serious criminality, enough time may make you deemed rehabilitated. You are then no longer inadmissible, with no application.
- One offence that matches an indictable offence with a maximum under 10 years: at least 10 years after your sentence was completed.
- Two or more minor offences that match summary offences only: at least 5 years after your last sentence was completed.
Deemed rehabilitation is not available for serious criminality, which includes most DUIs since December 18, 2018. A border officer still decides whether it applies, so carry your court records.
When your sentence counts as finished
The clock starts when everything is done: jail, probation, fines, restitution, classes and any licence suspension. A fine paid late moves the date to the day you paid it.
If you are still inadmissible
- Criminal rehabilitation permanently removes the inadmissibility. You can apply once at least 5 years have passed since your sentence was completed.
- A temporary resident permit (TRP) lets you enter for a specific trip with a good reason, even while you are inadmissible.
Dismissed, expunged or pardoned?
A charge that was dismissed, or ended without a conviction, usually does not make you inadmissible. Carry the court documents that show the outcome. Canada does not recognize US pardons, expungements or sealed records as erasing a conviction. If you were convicted at any point, you will need criminal rehabilitation if it applies to your offence.
How we help
Our Canadian immigration lawyers work with Americans across the United States by phone and video. We check how Canada will see your record and handle your criminal rehabilitation or TRP application. See our page on entering Canada with a DUI or criminal record, or book a consultation.
Related: Can you go to Canada with a DUI?, Can felons go to Canada? and Criminal rehabilitation in Canada.
FAQ
Can I go to Canada with a misdemeanor DUI?
Usually not without permission. Canada treats impaired driving on or after December 18, 2018 as serious criminality, whatever your state called it.
Can I go to Canada with a misdemeanor from 10 years ago?
Possibly. If it was a single offence that is not serious criminality, you may be deemed rehabilitated 10 years after your sentence was completed.
Will the border officer know about my misdemeanor?
Assume so. Canadian officers can see many US criminal records. Answer questions about your record accurately: misrepresentation brings its own five-year ban.