How to Travel to Canada with a Felony Charge
Perform a self-assessment., Research Canadian law., Gather all necessary documents., Secure documents you are missing., Travel to a Canadian Port of Entry.
Step-by-Step Guide
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Step 1: Perform a self-assessment.
Before leaving for your trip, assess whether or not you meet the criteria for being deemed rehabilitated.
If you don’t, you risk being denied entry into Canada.
To be deemed rehabilitated, you must satisfy the following: you have had only one conviction in total or committed one crime at least 10 years have passed since you completed your sentence; 5 years for summary (or minor) offenses the crime you committed is not considered a “serious” crime in Canada (i.e., the maximum prison sentence if convicted in Canada would have been less than 10 years) the crime did not entail use of a weapon, physical harm to a person, or involve serious property damage.Note that simply because your criminal records were sealed or expunged, you may still be prevented from entering Canada.
The same applies to being pardoned.
Getting a certificate of innocence may carry more weight. -
Step 2: Research Canadian law.
Canada weighs a conviction in the United States and other foreign countries against their own legal statutes.
Although a conviction may qualify as only a misdemeanor in the United States, what matters is how much time you would serve if the crime were committed in Canada.
You can find information about Canadian laws and punishments by visiting your library, contacting a Canadian consulate office, or looking up crimes at the Canadian Legal Institute Information website. , You must present documentation about your conviction to a Canadian official at the port of entry.
If you don't already have these documents, locate them: a passport, or a birth certificate plus photo identification a copy of court documents for each conviction, plus proof that all sentences were completed a recent criminal record check a recent police certificate from the country you were convicted in, and from any country where you lived for at least six months during the past 10 years. , You should give yourself several months to find any necessary documents you are missing.
You may get a passport at a post office.
Copy of court documents are available at the courthouse where you were convicted.
You may get a criminal record check from local police.
Go to the police office where you live and request the check.
They will provide you with a printout of the results.
If you live in the United States, you should get a criminal record check from each state you have lived in for at least 6 consecutive months since turning
18.
A recent police certificate may be obtained by contacting the FBI.
Write to “FBI, Criminal Justice Information Services Division—Summary Request, 1000 Custer Hollow Road, Clarksburg, WV
26306.”, An immigration officer will assess you at the point of entry.
If you are denied, then you will not be allowed to enter Canada.
There is no guarantee you will be deemed rehabilitated and allowed to enter Canada, even if enough time has passed since you served your sentence.
If you do not want to risk being turned away, then you should apply for individual rehabilitation at least 6 months before your planned trip.
At a bare minimum, if you plan to just go to the border or fly into Canada, you should have a legal opinion prepared by an attorney stating that your criminal convictions should qualify you as "deemed rehabilitated." Even if you have this document, however, you will not necessarily be admitted. -
Step 3: Gather all necessary documents.
-
Step 4: Secure documents you are missing.
-
Step 5: Travel to a Canadian Port of Entry.
Detailed Guide
Before leaving for your trip, assess whether or not you meet the criteria for being deemed rehabilitated.
If you don’t, you risk being denied entry into Canada.
To be deemed rehabilitated, you must satisfy the following: you have had only one conviction in total or committed one crime at least 10 years have passed since you completed your sentence; 5 years for summary (or minor) offenses the crime you committed is not considered a “serious” crime in Canada (i.e., the maximum prison sentence if convicted in Canada would have been less than 10 years) the crime did not entail use of a weapon, physical harm to a person, or involve serious property damage.Note that simply because your criminal records were sealed or expunged, you may still be prevented from entering Canada.
The same applies to being pardoned.
Getting a certificate of innocence may carry more weight.
Canada weighs a conviction in the United States and other foreign countries against their own legal statutes.
Although a conviction may qualify as only a misdemeanor in the United States, what matters is how much time you would serve if the crime were committed in Canada.
You can find information about Canadian laws and punishments by visiting your library, contacting a Canadian consulate office, or looking up crimes at the Canadian Legal Institute Information website. , You must present documentation about your conviction to a Canadian official at the port of entry.
If you don't already have these documents, locate them: a passport, or a birth certificate plus photo identification a copy of court documents for each conviction, plus proof that all sentences were completed a recent criminal record check a recent police certificate from the country you were convicted in, and from any country where you lived for at least six months during the past 10 years. , You should give yourself several months to find any necessary documents you are missing.
You may get a passport at a post office.
Copy of court documents are available at the courthouse where you were convicted.
You may get a criminal record check from local police.
Go to the police office where you live and request the check.
They will provide you with a printout of the results.
If you live in the United States, you should get a criminal record check from each state you have lived in for at least 6 consecutive months since turning
18.
A recent police certificate may be obtained by contacting the FBI.
Write to “FBI, Criminal Justice Information Services Division—Summary Request, 1000 Custer Hollow Road, Clarksburg, WV
26306.”, An immigration officer will assess you at the point of entry.
If you are denied, then you will not be allowed to enter Canada.
There is no guarantee you will be deemed rehabilitated and allowed to enter Canada, even if enough time has passed since you served your sentence.
If you do not want to risk being turned away, then you should apply for individual rehabilitation at least 6 months before your planned trip.
At a bare minimum, if you plan to just go to the border or fly into Canada, you should have a legal opinion prepared by an attorney stating that your criminal convictions should qualify you as "deemed rehabilitated." Even if you have this document, however, you will not necessarily be admitted.
About the Author
Carolyn Palmer
Creates helpful guides on lifestyle to inspire and educate readers.
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