The U.S. and Canada make crossing the border difficult for anybody with a criminal record. You can be denied entry for a wide variety of criminal offences – even if they seemed minor when you were charged. You should also realize that border officers are not trained as lawyers. It is therefore certainly possible that they may misinterpret the law or misapply it to your situation.
Having a criminal history certainly creates great uncertainty for Americans regarding travel to Canada. While some convictions will almost guarantee denial of entry without a temporary resident permit (or criminal rehabilitation if applicable), it is much less clear for others. What's more, even though US states offer pardons or expungements to some offenders, Canada does not recognize them, and this in turn can result in being turned away at the border.
Can you travel to Canada with a Criminal Record?
It depends.
Canada Border Service Agents (CBSA) have the right to refuse admission into Canada to any individual who is not a Canadian citizen. While Americans are exempt from Visa requirements to enter Canada for the purpose of travel, Border agents still have the discretionary power to deny them entry. When you present yourself at a Canadian port of entry and your passport is scanned, they will often check for criminal convictions. If a conviction shows up, they may deny you entry into Canada because of it. This means that individuals with a criminal record may be waved into Canada on one day, but they can be denied the following month. It all depends on the Border Agent met at the port of entry.
Could I be denied entry to Canada if I was found not guilty, or had my record expunged?
Yes, you could be denied entry to Canada even if you were found not guilty or had your charges dropped.
Canadian Border Service Agents have a right to ask any question they wish of you, including "Have you ever been arrested?" or "Have you ever been charged with a criminal offence?". Even if you are found not guilty or were found guilty and subsequently had your record expunged, the truthful answer to these questions is still "Yes" (because you were arrested and/or charged).
Don't assume that you will not have any difficulties at the border just because you don't have a conviction. Since you don't know for sure what computer databases the CBSA has access to, you could be accused of misrepresentation (which could result in a ban from entry to Canada) if you do not answer the questions correctly. Both State and Federal (FBI) databases can hold different information about all charges ever filed against you (even those that were later withdrawn, acquitted, or expunged). It is always best to be truthful and prepared to answer all questions about past charges when presenting yourself at the Canadian Border.
What crimes does Canada deny travel entry to?
The most common crimes that could result in you being denied entry to Canada are Driving While Impaired (DWI) and Driving Under the Influence (DUI). Though these offences are misdemeanors in the United States, in Canada they are considered "serious criminality" -- akin to a felony! Even if you have a DUI or DWI on your record and have been allowed entry to Canada in the past, you can be denied entry to Canada on future visits if you don't take the right steps.
Other offences that can result in someone being denied entry to Canada include:
Arson | Assault/Aggravated Assault | Battery | Breaking and Entering |
Burglary | Careless Driving | Conspiracy | Domestic Violence |
Drug Trafficking | Drug Possession | DUI / DWI / DWAI | Extortion |
Failure to Appear | Hate Crimes | Hit and Run | Identity Theft |
Money Laundering | Obstruction of Justice | Probation Violations | Property Crimes |
Racketeering (RICO) | Reckless Driving | Resisting Arrest | Robbery |
Sexual Assault | Shoplifting | Theft | Vandalism |
Vehicular Manslaughter | Weapons Violations | White Collar Crimes | Wire Fraud |
Call today
You don't have to jeopardize your future or waste thousands of dollars on a trip to Canada only to be denied at the last moment. I provide effective and affordable lawyer representation for those charged with criminal offences who hope to enter Canada for business or pleasure. As someone who has worked in criminal defiance, I can now apply my expertise in this area to ensure that you're protected from the consequences of an arrest or criminal record on your future trip to Canada. Your case will be handled by a fully licensed practicing lawyer of the Law Society of Ontario. For more information about me, click here.
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