If you have a U.S. felony on your record, the shortest reliable wait to enter Canada is five years after you finish every part of your sentence, at which point you can apply for Criminal Rehabilitation. Wait ten years and you may qualify for Deemed Rehabilitation, which requires no application at all. If you need to cross sooner, a Temporary Resident Permit can authorize a specific trip, but it doesn’t permanently clear your record with Canadian immigration. How long after a felony you can go to Canada depends entirely on which of these three doors you use.
Why a Felony Triggers the Wait
Canada’s Immigration and Refugee Protection Act lets border officers refuse entry to anyone with a criminal record.1Justice Laws Website. Immigration and Refugee Protection Act – Section 36 The label “felony” isn’t what matters at the border. Officers translate your U.S. conviction into its closest Canadian equivalent, and if that equivalent is an indictable offense, you are inadmissible.
There’s a further line inside that rule. A conviction counts as “serious criminality” if the Canadian equivalent carries a maximum possible sentence of ten years or more, regardless of the sentence you actually received.1Justice Laws Website. Immigration and Refugee Protection Act – Section 36 That distinction changes which pathways are open to you and what they cost, so it’s worth knowing where your offense falls before you start counting years.
The Five-Year Path: Criminal Rehabilitation
Criminal Rehabilitation is the earliest permanent fix. You become eligible to apply once at least five years have passed since you completed every part of your sentence.2Government of Canada. Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity “Completed” is strict: jail time served, probation and parole finished, community service done, and every fine and order of restitution paid in full. The clock starts the day after your last obligation ends, not the day you were released or sentenced.
Once approved, the conviction no longer bars you from Canada. The application asks for:
- Form IMM 1444, the Application for Criminal Rehabilitation
- State-level and FBI criminal history checks
- Court documents for every conviction, showing the charges, disposition, and sentence
- A personal statement about the offense and what has changed since
The government processing fee is $246.25 CAD if your offense falls under ordinary criminality and $1,231.00 CAD if it qualifies as serious criminality.3Government of Canada. Citizenship and Immigration Application Fees: Fee List Both are non-refundable. Background checks add their own costs, and many applicants hire an immigration attorney.
Now the honest part of the timeline. Processing can take over a year.4Government of Canada. How Long Will It Take to Get a Decision on My Individual Rehabilitation You remain inadmissible during that wait unless you separately obtain a Temporary Resident Permit. So the practical distance from finishing your sentence to a guaranteed, permanent green light is often closer to six years or more, not five.
The Ten-Year Path: Deemed Rehabilitation
Deemed Rehabilitation is automatic. No application, no fee, no waiting on a decision. If enough time has passed and you meet the conditions, Canadian law treats you as rehabilitated by operation of the statute.
The waiting period is at least ten years from the day after you completed every part of your sentence.5Government of Canada. Deemed Rehabilitation Three conditions must also be met:
- You have no more than one conviction that would count as an indictable offense in Canada.
- The Canadian equivalent of that offense carries a maximum possible sentence of less than ten years. Serious criminality is excluded from this path entirely.
- You have not been convicted of any other indictable offense, or of more than one summary offense, during or after the ten-year period.6Justice Laws Website. Immigration and Refugee Protection Regulations SOR/2002-227 – Section 18
A shorter variant exists for people whose U.S. convictions equate only to summary offenses in Canada. Two or more summary equivalents drops the wait to five years after sentence completion, provided your record has stayed clean.5Government of Canada. Deemed Rehabilitation
Deemed Rehabilitation isn’t a status you’re mailed. You claim it at the border, and the officer assesses your situation on the spot, looking at the offense, whether enough time has passed, and whether you’ve reoffended.7Government of Canada. Overcome Criminal Convictions Bring court records and proof of sentence completion so the officer isn’t guessing.
If You Can’t Wait: Temporary Resident Permits
A Temporary Resident Permit is the only route that doesn’t require years to pass. It doesn’t clear your inadmissibility, but it can get you into Canada for a specific trip if you have a strong reason. Business obligations, family emergencies, and medical treatment tend to carry weight. Officers weigh your purpose against any risk to Canadian society, so ordinary tourism is a hard sell.
A TRP can be valid for up to three years, though most are tied to the length of a specific trip.8Government of Canada. Applying to Stay in Canada Longer as a Temporary Resident Permit Holder The processing fee is $246.25 CAD.3Government of Canada. Citizenship and Immigration Application Fees: Fee List You can apply in advance at a Canadian consulate or directly at the port of entry. The border route is faster, but a refusal turns you around on the spot; a consular application gives you your answer before you travel.
One trap worth flagging. A TRP typically becomes invalid the moment you leave Canada unless it specifically authorizes re-entry.9Government of Canada. Temporary Resident Permit If you need multiple crossings, confirm the permit covers that before departure.
A U.S. Pardon or Expungement Does Not Reset the Clock
Having your record expunged, sealed, or pardoned in the United States does not automatically make you admissible to Canada. Canada makes its own determination about whether a foreign pardon or discharge lifts inadmissibility, and it depends on the specifics. IRCC’s guidance is to contact the Canadian visa office serving your region before traveling to confirm whether your particular pardon or expungement is recognized.7Government of Canada. Overcome Criminal Convictions
Many state-level expungements only seal the record from public view rather than vacating the conviction. Border officers can still see the underlying history, and if the conviction wasn’t legally overturned, Canada may still treat you as inadmissible. Verify with a visa office well ahead of your trip, and treat Criminal Rehabilitation or a TRP as a backup if the answer is unclear.
What to Bring When You Cross
Whichever pathway you’re using, the right paperwork makes the encounter go faster. Carry certified copies of your court records showing the conviction, the sentence imposed, and the date you completed it. Proof of sentence completion carries particular weight: probation discharge papers, receipts for fines paid, parole completion documents.
If you’ve been approved for Criminal Rehabilitation, bring the approval letter. If you’re claiming Deemed Rehabilitation, arrange your documents to show clearly that the required ten years (or five for summary offenses) have passed since your last obligation ended. For a TRP, bring whatever supports your stated reason for travel. The border officer is the final decision-maker in every scenario, and clear documentation is what turns a discretionary call in your favor.7Government of Canada. Overcome Criminal Convictions