Can You Get Into Canada If You Have a Felony?

You can get into Canada if you have a felony, but not automatically. Most U.S. felonies make you inadmissible under Canadian immigration law, which means you’ll need to clear that inadmissibility first, either permanently through rehabilitation or temporarily through a Temporary Resident Permit. Which route fits depends on the offense, how long ago you finished your sentence, and how urgent your travel is.

Why a Felony Makes You Inadmissible

Canada’s Immigration and Refugee Protection Act lets border officers deny entry to anyone convicted of a crime outside the country that would also be a crime in Canada. What controls is the Canadian equivalent of your offense, not the label it carried at home. If that equivalent Canadian offense has a maximum sentence of ten years or more, you fall under “serious criminality.”¹ Most U.S. felonies land there.

Lower-level offenses can still make you inadmissible under a separate “criminality” provision if the Canadian equivalent is an indictable offense, which is roughly Canada’s version of a felony. Hybrid offenses, which prosecutors can charge as either summary or indictable, count as indictable for immigration purposes.¹

You do not need a conviction to be turned away. The same statute covers acts committed outside Canada that would be offenses inside Canada, so a border officer who has reason to believe you committed a serious crime can refuse you even if charges were dropped. Canadian officers can pull U.S. criminal databases, including FBI records, so a record that feels buried at home is still visible at the border.

The DUI Problem

Impaired driving is the single most common reason Americans are turned away at the Canadian border. In December 2018, the maximum sentence for impaired driving in Canada rose to ten years, pushing DUI into the serious criminality category.² The practical result is that a single DUI can make you inadmissible no matter how long ago it happened.

If your DUI occurred before December 18, 2018, and more than ten years have passed since you completed your sentence, you may still qualify for deemed rehabilitation under the older rules, but that depends on your facts and the officer reviewing them.

Does a U.S. Pardon or Expungement Help

Not reliably. Canadian law says inadmissibility cannot rest on a conviction for which a “record suspension” has been ordered under Canada’s own Criminal Records Act.¹ That language refers to the Canadian version of a pardon, not a U.S. one.

If you received a pardon, discharge, or expungement in the United States, the Canadian government advises contacting the visa office serving your region to find out whether it will be recognized.² Recognition is not guaranteed. Many people whose U.S. records are cleared still need to apply for rehabilitation or a TRP.

Individual Rehabilitation: The Permanent Solution

For someone with a felony, individual rehabilitation is the most reliable long-term fix. It is a formal application asking Canada to find that you have been rehabilitated and no longer pose a risk. Once approved, your criminal inadmissibility is permanently resolved and you can travel freely going forward.³

You can apply once at least five years have passed since you completed every part of your sentence: prison time, probation, fines, and restitution.⁴ The five-year clock starts on the date you finished the last obligation, not on the date of conviction. Two years of prison followed by three years of probation means the clock does not start until probation ends.

The application asks you to show a stable, law-abiding life since the offense. Officers weigh the nature of the crime, how long ago it happened, and what you have done since. A strong application usually includes evidence of steady employment, community ties, and an honest account of the offense and how your life has changed.

Deemed Rehabilitation: The Automatic Path Most Felons Cannot Use

Deemed rehabilitation works without a formal application, but the requirements are strict. At least ten years must have passed since you completed your whole sentence. You can have only one conviction. The offense cannot involve serious property damage, physical harm, or weapons. And the Canadian equivalent must carry a maximum sentence of less than ten years.⁵

That last condition rules out most felony convictions. If the Canadian equivalent is punishable by ten years or more, deemed rehabilitation is off the table, and individual rehabilitation is your only permanent option.² For qualifying lower-level offenses, you can raise deemed rehabilitation at a port of entry, but bring documentation that proves every requirement is met.

Temporary Resident Permits for Urgent Trips

If you do not yet qualify for rehabilitation, or your application is pending, a Temporary Resident Permit lets you enter Canada for a limited time despite your inadmissibility. A TRP does not resolve anything permanently. It grants temporary status for a specific visit and can be cancelled at any time.⁶

TRPs are discretionary. The officer weighs your reason for traveling against any risk you might pose. Business obligations, family emergencies, and medical appointments tend to carry more weight than tourism, and you will need to make a convincing case that your need to enter justifies the permit.⁷

You can apply at a Canadian consulate before your trip or at the border. Applying at the border is a gamble. The officer decides on the spot, and if the answer is no you go home with a refusal on your record. Applying through a consulate gets you a definitive answer before you book flights.

What It Costs

Rehabilitation fees track the severity of the offense. If your conviction falls under criminality (Canadian equivalent under ten years), the fee is $246.25 CAD. If it falls under serious criminality (ten years or more), the fee is $1,231.00 CAD. Most U.S. felonies map to serious criminality, so most applicants pay the higher amount. A Temporary Resident Permit costs $246.25 CAD per person.⁸

Add the cost of supporting documents. An FBI Identity History Summary Check is $18 USD.⁹ Certified court records vary by jurisdiction, generally a few dollars to $40 per document. Documents not in English or French require certified translations. Hiring an immigration lawyer is not required, but the applications are detailed enough that professional help is worth considering, especially at the higher fee tier.

Documents You Will Need

Both rehabilitation and TRP applications need a substantial package. Incomplete submissions delay or sink applications, so treat the paperwork stage seriously.

The application form itself. For rehabilitation, that is the Application for Criminal Rehabilitation from IRCC.
Police certificates from every country where you have lived for six months or more since turning 18. U.S. applicants use the FBI Identity History Summary Check.
All court records tied to your conviction: charging documents, the judgment, and proof you completed each part of the sentence. Letters from probation officers and receipts for fines or restitution belong here.
A personal statement explaining the offense, the circumstances around it, and why you believe you are rehabilitated.¹⁰

Where to File and How Long It Takes

If you are applying for individual rehabilitation from the United States, mail your application to the Consulate General of Canada in New York.¹¹ The IRCC website has the specific mailing address. There is no online submission.

Processing can take over a year.¹² Start early. If you need to enter Canada while your rehabilitation application is pending, a TRP can bridge the gap.

If You Have More Than One Conviction

Multiple convictions complicate the picture. Deemed rehabilitation is out because it requires a single conviction total.⁵ Individual rehabilitation is still available, but officers scrutinize the application more closely. The number of convictions, the span between them, and the severity of each all figure into the decision, and the personal statement matters even more when you are working to show genuine change.

1
Justice Laws Website. Immigration and Refugee Protection Act – Section 36
2
Government of Canada. Overcome Criminal Convictions
3
Immigration, Refugees and Citizenship Canada. What Does It Mean to Be Rehabilitated in Respect to Entering Canada
4
Immigration, Refugees and Citizenship Canada. When Can I Apply for Individual Rehabilitation
5
Immigration, Refugees and Citizenship Canada. Deemed Rehabilitation
6
Canada.ca. Temporary Resident Permits
7
Immigration, Refugees and Citizenship Canada. Guide 5554 – Applying to Stay in Canada Longer as a Temporary Resident Permit Holder
8
Immigration, Refugees and Citizenship Canada. Citizenship and Immigration Application Fees
9
FBI. Identity History Summary Checks Frequently Asked Questions
10
Immigration, Refugees and Citizenship Canada. Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity
11
Immigration, Refugees and Citizenship Canada. Inadmissibility – Where to Submit Your Application
12
Immigration, Refugees and Citizenship Canada. How Long Will It Take to Get a Decision on My Individual Rehabilitation