Can you go to Canada with a felony?

The rules

• A foreign national is inadmissible to Canada for 'criminality' if convicted abroad of an offense that would be an indictable offense in Canada, or of two offenses (not from one incident) that would be offenses in Canada, or for committing such an act abroad even without a conviction.^1,2,3

  IRPA 36(2)(b)-(c). Under IRPA 36(3)(a), an offense that Canada can prosecute either summarily or by indictment (a 'hybrid' offense) is treated as indictable even if it would have been prosecuted summarily, which is why many U.S. misdemeanors still count. IRCC's guide says foreign convictions and laws are equated to Canadian law as if they had occurred in Canada, and IRCC lists theft, assault, manslaughter, dangerous driving, impaired driving and drug possession or trafficking as examples of crimes that can make someone inadmissible. A single offense that would only be a summary offense in Canada does not by itself make you inadmissible under 36(2).

• It is 'serious criminality' if the foreign offense would carry a maximum of 10 years or more in prison in Canada, and serious criminality can never be cleared by the passage of time alone.^1,2,4,5,6

  IRPA 36(1)(b)-(c). Examples from the Criminal Code: theft over $5,000 (s. 334(a), up to 10 years), robbery (s. 344, up to life) and impaired driving or refusing a breath or blood demand committed on or after December 18, 2018 (s. 320.19(1)(a), up to 10 years). By contrast, theft of $5,000 or less carries up to 2 years (s. 334(b)), so it is 'criminality', not serious criminality. IRCC's guide says that for offenses punishable by 10 years or more, deemed rehabilitation is 'not applicable' and you must apply for rehabilitation; IRCC charges more to process those applications.

• A DUI or other impaired-driving conviction, including one that was a misdemeanor in the U.S., can make you inadmissible for serious criminality if the offense was on or after December 18, 2018.^2,4,7

  IRCC says tougher impaired-driving penalties took effect on December 18, 2018. For an offense committed before that date, IRCC applies the penalties in force at the time: you may be inadmissible for criminality rather than serious criminality (unless you got a Canadian prison sentence of more than 6 months), and you may be deemed rehabilitated once at least 10 years have passed since you completed your sentence. For an offense on or after that date, the 10-year maximum makes it serious criminality, so you need to apply for rehabilitation (after 5 years) or get a temporary resident permit. IRCC's guide says a court-ordered driving prohibition is part of the sentence: count the 5 years from the end of the prohibition.

• You may be 'deemed rehabilitated', with no application needed, only if your record is limited: one offense that would carry less than 10 years in Canada and at least 10 years since your sentence ended, or two or more minor (summary-level) offenses and at least 5 years since the sentences ended.^8,9

  Immigration and Refugee Protection Regulations (IRPR) s. 18(2). For the single-offense class, there must be no other convictions in Canada for an indictable offense, no other foreign conviction in the last 10 years, and no other criminal act (s. 18(2)(a)). For the two-or-more-summary-offenses class, the 5-year clock runs from the end of all sentences, and none of the offenses can be equivalent to an indictable offense (s. 18(2)(b)). IRCC's self-assessment for asking at the border covers only people with one conviction or one crime in total, and adds that at least 10 years must have passed since you completed all sentences ('payment of all fees, jail time completed, restitution paid, etc.'), that the crime must not be considered serious in Canada, and that it must not have involved serious property damage, physical harm to anyone or any weapon. Serious criminality (10 years or more) never qualifies.

• You can apply for criminal rehabilitation once at least 5 years have passed since your entire sentence ended (including probation, fines and any driving prohibition), or since the act if you weren't convicted; approval removes the criminal grounds of inadmissibility.^1,2,8,10,11

  IRPA 36(3)(c) and IRPR s. 17 (5-year period, with no later conviction). The application is form IMM 1444 with the IMM 5312 guide. As of October 22, 2026, IRCC's fee list shows C$246.25 for criminality and C$1,231.00 for serious criminality; fees are not refunded if you are refused. An officer recommends approval or refusal; IRCC says the local office manager usually decides less serious cases and the Minister decides more serious ones. The factors include the number and seriousness of your offenses, your behaviour since, your explanation and why you won't reoffend, community support and your present circumstances. IRCC warns that applications can take over a year. If less than 5 years have passed, you can submit the form 'For Information Only' and an officer will consider whether you can come temporarily.

• A temporary resident permit (TRP) can let an inadmissible person enter for a set period, but only if an officer decides your reason for coming is compelling enough to outweigh any risk to Canadians.^{11,12,13,14,15,16}

  IRPA 24(1) lets an officer issue a TRP if 'it is justified in the circumstances', and the permit can be cancelled at any time. IRCC says even a minor-seeming inadmissibility requires showing that the visit is for a compelling reason. The fee is C$246.25 per person on IRCC's fee list (October 22, 2026) and isn't refunded if refused. A TRP can be issued for up to 3 years, stops being valid once you leave Canada unless it says it is valid for re-entry, and doesn't resolve the inadmissibility itself: IRCC expects TRP holders to take any action required to resolve it. IRCC's TRP 'How to apply' page gives U.S. citizens and lawful permanent residents in the U.S. two routes: before travelling, gather your documents and send an enquiry through IRCC's web form asking that it go to the visa office in Los Angeles for instructions on applying; or, at a port of entry, tell the officer you want TRP consideration, and the officer may issue one if your need to enter outweighs the risks, or refuse it and not let you in. IRCC's checklist for applicants in the U.S. (IMM 5939) asks TRP applicants for form IMM 1444 marked 'For Information Only' with 'TRP' written on the first page, a statement of the trip's purpose and dates, two photos, evidence of the trip's purpose, an FBI certificate issued within 12 months, all court records, proof you completed each sentence, and, if you're on probation, your probation officer's permission to travel.

• Dismissed charges, discharges and pardons from outside Canada don't automatically clear you; only a Canadian record suspension or acquittal does so by law.^1,2,3

  IRPA 36(3)(b) bars inadmissibility based on a conviction with a Canadian record suspension (formerly a pardon) or a final acquittal. IRCC's guide says that for an offense outside Canada, withdrawn or dismissed charges, an absolute or conditional discharge, or a pardon mean you 'may' still be inadmissible, because IRPA also covers committing an act abroad; IRCC says to ask the visa office for your region whether a foreign pardon or discharge is recognized, and to send complete court records. IRPA 36(3)(e) excludes offenses dealt with under Canada's youth justice laws, and IRCC's guide says foreign juvenile convictions generally don't count unless you were convicted in adult court in a country with a youth system, or would have been treated as an adult in Canada.

• U.S. citizens don't need a visa or eTA to visit Canada, so your admissibility is usually decided at the border by a Canada Border Services Agency officer, who can refuse entry even if you hold a TRP.^3,7,17

  IRCC's entry requirements page says U.S. nationals and permanent residents don't need a visa or an eTA. IRCC says a border services officer decides whether you can enter when you arrive, and that even with a valid TRP, border officers can refuse entry. Approval of rehabilitation is only one part: you still have to meet the other entry requirements.

What can stand in the way

• Still serving any part of a sentence (probation, unpaid fines or restitution, a driving prohibition) means the 5-year clock for rehabilitation hasn't started, so a TRP is the only option.²

  IRCC's guide counts the 5 years from the end of probation, from the last fine payment, or from the end of a driving prohibition.

• Hiding or misstating your record can make you inadmissible for misrepresentation for 5 years, on top of the criminal issue.¹

  IRPA 40(1)(a) and 40(2)(a): misrepresenting or withholding material facts makes a person inadmissible for five years after a final determination outside Canada (or after a removal order is enforced, if decided in Canada).

• Rehabilitation can take more than a year, and asking at the border risks being turned away.^3,9

  IRCC says rehabilitation applications can take over a year and routine ones six months or more, that Canadian visa offices in the U.S. don't assess deemed rehabilitation in advance, and that people who live in the U.S. and are unsure whether they qualify should apply for individual rehabilitation rather than risk refusal at the port of entry.

• Fees are adjusted every December 1, so check the fee list on the day you pay.^11,18,19

  A December 2025 Canada Gazette remission order explains that the rehabilitation and TRP fees must be adjusted annually for the Consumer Price Index under the Service Fees Act, and that IRCC started applying those adjustments on December 1, 2023. IRCC's fee-changes page shows the last two increases: on December 1, 2024 (criminality and TRP C$229.77 to C$239.75; serious criminality C$1,148.87 to C$1,199.00) and on December 1, 2025 (C$239.75 to C$246.25; C$1,199.00 to C$1,231.00). The amounts after December 1, 2026 aren't published yet.

Waivers and exceptions

• Deemed rehabilitation: if your record qualifies, bring proof to the border and ask the officer to find you deemed rehabilitated.⁹

  IRCC says people who live in the U.S. may ask to be assessed at a port of entry (visa offices in the U.S. don't assess it in advance), that a request may be refused, and that if you aren't deemed rehabilitated you won't be allowed in. Its self-assessment is for people with one conviction in total. IRCC's checklist for this: passport or birth certificate with photo ID, court documents for each conviction and proof that all sentences were completed, a recent criminal record check, and police certificates from the country of conviction and anywhere you lived for six months or more in the last 10 years.

• Individual rehabilitation: apply on form IMM 1444 once 5 years have passed since your sentence ended; IRCC says approval removes the grounds of criminal inadmissibility.^10,16,20

  IRCC says a separate rehabilitation application goes directly to the visa office responsible for your region, by mail or courier only, and tells people who don't need a visa or eTA (such as U.S. citizens) to contact the nearest visa office before coming to Canada and to include a prepaid airway bill so documents can be returned. Applicants in the U.S. use checklist IMM 5939: the completed IMM 1444 (including the description of events and why you consider yourself rehabilitated), the fee receipt, a passport information page, an FBI certificate and state police certificates issued within 12 months, every court judgment and disposition, proof you completed each sentence, and evidence supporting rehabilitation such as employment letters and references.

• Temporary resident permit: for a specific, compelling trip while you aren't yet eligible for rehabilitation or are waiting for a decision.¹³
• Canadian convictions: apply to the Parole Board of Canada for a record suspension, which removes the inadmissibility.²

  IRPA 36(3)(b); IRCC's guide says that if you have both Canadian and foreign records you need a record suspension and approval of rehabilitation.

How states handle it

Canadian federal law decides, the same for everyone. U.S. state law matters only for the facts Canada looks at: the exact offense, the sentence and when it ended. Canada compares your offense to Canadian law, so a state's felony or misdemeanor label, and a state expungement or pardon, don't settle the question by themselves.

What to do next

1. Get certified court records for every arrest and conviction (charge, statute, disposition, sentence, and proof each part of the sentence was completed, including probation, fines and restitution).
2. Work out the Canadian equivalent of each offense and its maximum penalty in Canada (the Criminal Code is free on laws-lois.justice.gc.ca). Ten years or more means serious criminality.
3. Count from the day your whole sentence ended: 5 years makes you eligible to apply for rehabilitation; 10 years (one less serious offense) or 5 years (two or more minor offenses) may make you deemed rehabilitated.
4. If you might be deemed rehabilitated, read IRCC's self-assessment and bring the listed documents to the border; if you're unsure, apply for individual rehabilitation instead.
5. If you're eligible for rehabilitation, apply on form IMM 1444 with the IMM 5312 guide, pay the criminality or serious-criminality fee, and apply more than a year before you plan to travel.
6. If you need to go before you're eligible or before a decision, ask for a temporary resident permit and document why the trip is necessary: from the U.S., through IRCC's web form to the Los Angeles visa office (with the IMM 5939 checklist), or by asking the officer at the port of entry, which risks being turned away.
7. Answer every question about your record truthfully; misrepresentation is its own 5-year bar.
8. If you're on probation, parole or supervised release, also get permission to travel abroad first (see our page on leaving the country).

Where to ask

• IRCC: Overcome criminal convictions

  Deemed rehabilitation, individual rehabilitation, record suspensions and temporary resident permits.

• IRCC: Application for criminal rehabilitation (IMM 1444, guide IMM 5312)

  Forms, checklists (including IMM 5939 for applicants in the U.S.) and instructions.

• IRCC: Temporary resident permit

  Who can ask, how U.S. residents request one, and how long it lasts.

• IRCC fee list

  Current rehabilitation and TRP fees (under Inadmissibility).

• Immigration and Refugee Protection Act, s. 36

  The legal definitions of criminality and serious criminality.

Felony or misdemeanor?

Some of the rules on this page treat felonies and misdemeanors differently, and each state decides which crimes are which. See how your state grades crimes, or check a specific charge on Is it a felony?.

Is a DUI a felony? When it is, state by state

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.