You can enter Canada with a misdemeanor on your record, but only sometimes — and the U.S. label on your offense has almost nothing to do with the answer. Canadian border officers look at what your crime equals under Canadian law and the maximum penalty that Canadian equivalent carries. If that penalty crosses certain thresholds, you’re inadmissible, whether your U.S. paperwork calls the offense a misdemeanor or a felony. Depending on the offense and how much time has passed since you finished your sentence, you may be able to clear the bar through deemed rehabilitation, a formal rehabilitation application, or a Temporary Resident Permit.
Why the Word “Misdemeanor” Doesn’t Protect You
Canada’s Immigration and Refugee Protection Act lets border officers deny entry to anyone whose criminal record meets the threshold for “criminal inadmissibility.”1Government of Canada. Find Out if You’re Inadmissible The officer identifies your offense, finds the closest matching crime in Canada’s Criminal Code, and checks the Canadian maximum penalty. That Canadian penalty controls, not the sentence you actually received in the United States.
There are two tiers. “Serious criminality” applies when the Canadian equivalent carries a maximum of ten years or more in prison. “Criminality” is the lower tier, covering offenses that correspond to any indictable crime in Canada, or situations where you have two or more convictions for separate incidents.2Department of Justice Canada. Immigration and Refugee Protection Act – Section 36
The rule that catches most Americans off guard: many Canadian crimes are “hybrid” offenses, meaning a prosecutor can treat them as either summary (minor) or indictable (serious). For immigration purposes, every hybrid offense is automatically treated as indictable, even if a Canadian prosecutor would likely handle it as a summary matter.2Department of Justice Canada. Immigration and Refugee Protection Act – Section 36 This one rule is why so many minor U.S. misdemeanors trigger inadmissibility. The Canadian version of your shoplifting charge is technically prosecutable by indictment, and that alone is enough.
Misdemeanors That Commonly Cause Problems
DUI and DWI
Impaired driving is the single most common reason Americans get turned away at the border. Since December 18, 2018, Canada treats impaired driving as serious criminality, with a maximum penalty of ten years.3Department of Justice. Impaired Driving Laws A single misdemeanor DUI conviction now lands you in the most restrictive inadmissibility category.4Government of Canada. Convicted of Driving While Impaired If your DUI happened before December 2018, officers evaluate your case under the penalties in force at the time of the offense, which may help.
Reckless Driving
Reckless driving, even with no alcohol involved, matches “dangerous operation of a conveyance” under Canada’s Criminal Code.5Department of Justice Canada. Criminal Code – Section 320.13 The December 2018 changes raised its maximum penalty enough that a single conviction can qualify as serious criminality. A “dry reckless” plea taken to avoid a DUI record in the U.S. offers no shortcut here if the Canadian equivalent is still a serious offense.
Theft, Assault, and Similar Offenses
Petty theft is a hybrid offense in Canada, so even a low-value shoplifting conviction can make you inadmissible. Simple assault works the same way. So can resisting arrest and disorderly conduct when they match indictable or hybrid Canadian crimes.
Two or more convictions from separate incidents create their own ground for inadmissibility, even if each individual offense is minor.2Department of Justice Canada. Immigration and Refugee Protection Act – Section 36 Someone with a disorderly conduct and a small theft on their record faces a harder path than someone with only one of the two.
Marijuana Possession
Canada legalized recreational cannabis in 2018, and adults can legally possess up to 30 grams of dried cannabis. A U.S. conviction for simple possession of a small amount may no longer have a Canadian criminal equivalent. But convictions involving more than 30 grams, illicit cannabis, or any intent to distribute still correspond to offenses under Canada’s Cannabis Act and can bar entry.6Department of Justice Canada. Cannabis Act – Section 9
The burden is on you to show the quantity involved. Some U.S. state statutes cover amounts above 30 grams under a single low-level offense, so a conviction under a “two ounces or less” statute might still involve a quantity that’s criminal in Canada. If your conviction doesn’t specify the amount, the officer has no way to confirm you’re under the threshold. Court documents showing the exact quantity can be the difference between admission and refusal.
Whether the Border Will See Your Record
Canadian border officers have direct access to the U.S. National Crime Information Center, the same database American law enforcement uses. An officer at the primary inspection booth can query it while processing your entry.
The system isn’t flawless. FBI records often lack disposition information, so an arrest that was dismissed or reduced can appear without that context. Some states don’t report to the FBI at all. Since the burden is on you to prove admissibility, an officer who sees an arrest with no outcome attached can still turn you around. Carrying certified court documents showing the disposition of your case is one of the most useful things you can do before any trip.
Arrests and Pending Charges Without a Conviction
You don’t need a conviction to be refused. Canada does not extend a presumption of innocence to foreign nationals at the border. An outstanding arrest or a pending charge for something that would be criminal in Canada is enough for an officer to find you inadmissible. Diversion programs and deferred adjudication present the same problem: until the case is formally resolved, Canadian immigration treats the matter as open. A Temporary Resident Permit is often the only route during that window.
Whether an Expungement or Pardon Helps
Getting a conviction expunged or sealed in the United States does not automatically clear you for Canada. Canadian immigration is a separate system, and officers evaluate the legal effect of your expungement rather than accepting it at face value. Some may be treated as removing the conviction; others aren’t.7Government of Canada. Overcome Criminal Convictions If your record was expunged, contact the Canadian visa office for your region before traveling to confirm how it will be treated. Assuming an expungement solves the problem is one of the more common and avoidable mistakes.
Deemed Rehabilitation
If enough time has passed since you finished your sentence, Canada may consider you rehabilitated automatically, with no application required. The timelines depend on your offense history:8Government of Canada. Deemed Rehabilitation
- One non-serious indictable offense: ten years after completing your entire sentence, including jail time, probation, fines, and restitution.
- Two or more summary convictions: five years after all sentences are complete.
The hard limit: deemed rehabilitation is not available for offenses that correspond to Canadian crimes with a maximum of ten years or more.8Government of Canada. Deemed Rehabilitation So a post-2018 DUI, or a reckless driving conviction that maps to dangerous operation, cannot be cleared by time alone. Those require the formal application below.
You don’t have to file paperwork for deemed rehabilitation, but you do need to be sure you qualify before showing up at the border. You can travel to a Canadian port of entry and ask to be assessed, bringing every document related to your criminal history. If the officer decides you don’t qualify, you’ll be turned away. Applying through a visa office for an assessment before you travel is safer.8Government of Canada. Deemed Rehabilitation
Criminal Rehabilitation
Criminal rehabilitation is a formal application that permanently resolves your inadmissibility. You become eligible five years after completing your entire sentence.9Government of Canada. Application for Rehabilitation for Persons Who Are Inadmissible Unlike deemed rehabilitation, this route is available for serious criminality offenses like DUI, which makes it the main path for anyone whose conviction maps to a Canadian ten-year offense.
The application goes by mail to a Canadian visa office. As of late 2025, the government processing fee is roughly $246 CAD for non-serious criminality and $1,231 CAD for serious criminality. Processing usually takes more than a year, so plan well ahead of any travel.10Government of Canada. How Long Will It Take to Get a Decision on My Individual Rehabilitation
An FBI Identity History Summary is typically part of the package. You can request one through the FBI electronically or by mail for $18, and you’ll need to submit fingerprints, either at a participating U.S. Post Office or through a law enforcement agency.11Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions Expect to also gather court records, police clearances, and proof that every part of your sentence is complete.
Temporary Resident Permits
A Temporary Resident Permit is a short-term fix for people who need to enter Canada before they’re eligible for rehabilitation, or who have an urgent reason to travel. A TRP doesn’t erase your inadmissibility; it overrides it for a specific trip or period. Common reasons include business obligations, family emergencies, and medical treatment.12Government of Canada. Temporary Resident Permit
You can apply through a Canadian visa office in advance, which is the safer route because it allows time for review. U.S. citizens can also request a TRP directly at a port of entry, but the officer decides on the spot, and refusals are more common without advance approval. The government processing fee is approximately $246 CAD.
If You’re Turned Away at the Border
If a border officer finds you inadmissible, you’ll either receive a formal refusal or be offered the chance to withdraw your application to enter. Withdrawal is usually the better outcome because a formal refusal creates an immigration record that future officers will see. Neither option permanently bans you, but you’ll need to resolve your inadmissibility through one of the pathways above before trying again.
What you should not do is lie about your criminal history or leave out material facts. Misrepresentation is a separate ground of inadmissibility under Canadian law and carries a five-year ban from even applying for permanent residence.13Department of Justice Canada. Immigration and Refugee Protection Act – Section 40 Officers already have access to your U.S. records. Concealing a conviction doesn’t work, and it turns a solvable problem into a much larger one.