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U.S. citizens who have been convicted of a DUI in the United States may be surprised to learn that they may be inadmissible to enter Canada – even for a short vacation. While DUI’s are classified as misdemeanors in some states, Canada generally does not admit U.S. citizens who have a DUI conviction. So what can an American do if he/she wants to enter Canada? Fortunately, there are a few options.

Deemed Rehabilitation

If it has been more than ten years since the completion, you may be deemed rehabilitated depending on:

• The type of crime that was committed;
• The seriousness of the crime was and how much time has elapsed since the sentence was imposed, as follows:
• Ten (10) years for one indictable offence;
• Five (5) years for two or more summary convictions;
• Whether more than one crime was committed; and
• Whether the crime would be punishable in Canada by a maximum prison term of less than 10 years.

This means that if you have only had one U.S. criminal conviction and it was a DUI, you will be deemed rehabilitated if it has been more than ten years since the completion of the sentence as stated in the final disposition. This could mean jail time, community service, probation or other court-mandated program.

Example: John was convicted of a DUI in California on January 1, 2000 and was sentence to 30 days in jail and 2 years probation. He completed his jail sentence on February 1, 2000 and his probation on February 1, 2002. Since it has been more than ten years since the completion of his sentence (which ended on February 1, 2002), John is deemed eligible and he is admissible to Canada.

Applying for Rehabilitation

If it has been more than five (5) years since the completion of a DUI conviction sentence, but less than ten (10) years, a U.S. citizen may submit an application for rehabilitation in order to be admissible to Canada. Rehabilitation means that you lead a stable lifestyle and that you are unlikely to be involved in any further criminal activity.

Temporary Resident Permit

U.S. citizens with DUI convictions who have not completed sentence, or if it has been less than five years since the completion of the sentence, are ineligible for deemed or application for rehabilitation. In these cases, they may apply for a Temporary Resident Permit (TRP), which is a formal request to be admitted to Canada despite the existence of criminal inadmissibility. TRP’s can be issued for a variety of circumstances (i.e., brief vacation, temporary employment) and length of duration (can be one day or one year), based on the discretion of the reviewing officer.

Please click here for more information on Temporary Resident Permits and Rehabilitation.