Do you have a criminal record with offences that were committed 5, 10 or even 30 years ago? Are you planning a trip to Canada for work or to visit family and friends? Worried about being denied at the border? If this sounds like you, you may be eligible in receiving a Criminal Rehabilitation Certificate.
Criminal Rehabilitation is a process where an individual who has committed a criminal offence and who has completed all of their sentencing a minimum of five years ago can apply to have the conviction and the criminal offence not be held as a ground of inadmissibility. In short, if your application for criminal rehabilitation is approved, neither the conviction nor the criminal offence will be found as a ground of inadmissibility and you will be permitted entry into Canada.
An application for Criminal Rehabilitation is an individual assessment of your crime(s) and the life you have lived since the commission of the criminal offence. The immigration officer reviewing your case will examine the nature of the crime, the circumstances surrounding it, the length of time that has elapsed, and whether there have been any subsequent offences. All of this is done to determine whether there is a likelihood that the applicant will re-offend or be involved in any further criminal or illegal activity. If you can satisfy the officer that you are no longer a risk to the safety of Canada and Canadians, you will be granted a Criminal Rehabilitation Certificate, allowing you to enter Canada without being stopped and questioned about your criminal record each time.
Discharges, Record Suspensions, Pardons, and Rehabilitation
If you have been arrested and charged with a criminal offence, but have since received an absolute or conditional discharge, you will not be considered inadmissible to Canada. Likewise, if you have received a Pardon (or Record Suspension in Canada), you will also not be considered inadmissible as it relates to that specific offence. Despite this, it is good practice to apply for Criminal Rehabilitation to ensure that this is formally recognized by immigration officials to prevent any mishaps at the border.
Even if you have been discharged or acquitted, the offence can still appear on your FBI report and can cause you to be flagged as potentially inadmissible when you attempt to cross the border. If there are other offences on your record for which you have not received a pardon, discharge, or acquittal, you will still be considered inadmissible to Canada. It is therefore important to ensure, prior to crossing the border, that you have the proper paperwork to avoid being turned away and prematurely ending your travel plans to Canada. Whether this means applying for a Temporary Resident Permit or Criminal Rehabilitation, it is best to consult with a lawyer to ensure that any past criminal activities, regardless of how long ago it was in your past, do not hinder your travel plans.
Deemed Rehabilitation
A person with more than one misdemeanour that equates to a hybrid or indictable offence in Canada may never automatically be deemed rehabilitated by time and could be denied entry at the Canadian border even decades later. If you have been convicted of a felony or have a misdemeanour that equates to serious criminality in Canada, you may also never be eligible for Deemed Rehabilitation and could be considered inadmissible to Canada unless you apply for and are approved for a Criminal Rehabilitation Certificate.
An offence does not have to result in a criminal conviction to cause problems at the border. For example, an individual charged in Oklahoma with Reckless Driving can become inadmissible to Canada, even if no criminal conviction has taken place.
If an individual has two or more offences that equate to a summary offence in Canada, but none that equate to a hybrid or indictable offence, they may be eligible for Deemed Rehabilitation after five years but could still be denied entry by border officials if they do not have the right documents. Working with an immigration lawyer can help to ensure that you have these documents when you arrive at the Canadian border to avoid long waits and possible refusals from the border agent.
Next Steps
I can help you in filing your TRP or Criminal Rehabilitation application. Regardless of if you have an urgent need to travel to Canada for a meeting, business, personal, or leisure trip or want to come to Canada to live permanently, I am here to help you. If you are hesitant about travelling to Canada due to a prior conviction or want more information on how this can affect you for your business or leisure trips to Canada, contact me at (437) 747-8008, kristina@kvalaw.ca, or book a consultation. I have worked with several individuals and helped them file complete applications successfully.
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