Can a Criminal Record Stop You From Entering Canada or the U.S.?
- Yes, a criminal record can stop you from entering Canada or the United States, even if the offence happened years ago or was resolved in court.
- Border officers assess admissibility under immigration law, not criminal law, and they review your record each time you seek entry.
- Depending on the offence and the country, you may need a Temporary Resident Permit, criminal rehabilitation or a U.S. entry waiver before travelling.
Why Criminal Records Matter at the Border
Many people assume that once their criminal case is resolved, it’s behind them. Fines are paid, probation is completed, records are sealed or expunged and life moves on.
Immigration law works differently.
When you approach a border, you are not being assessed under criminal law. You are being assessed under immigration law. That is a separate legal system with its own rules, standards and consequences. A charge that seemed minor in criminal court can carry serious implications at a port of entry.
Both Canada and the United States treat criminal inadmissibility seriously. Border officers are legally required to assess whether a traveller meets the admissibility requirements at the time of entry. That assessment happens every single time you cross, regardless of how long ago the offence occurred or how many times you travelled without issue before.
Another important factor is information sharing. Canadian and U.S. border agencies have access to integrated databases that can show arrests, charges and convictions. In some cases, even dismissed or expunged matters may still appear in those systems. If an officer sees a record that raises concern, they have the authority to refer you to secondary inspection and conduct a deeper review.
What Types of Criminal Offences Can Make You Inadmissible
Not every criminal charge will stop you at the border, but many more offences qualify than people expect. Immigration officers do not look only at what your offence was called in your home country. They look at how that offence is classified under their own immigration laws.
Even a single conviction can trigger inadmissibility. In some cases, multiple minor offences can create problems as well. The details matter, including the nature of the offence, the maximum possible sentence and how long ago it occurred.
Inadmissibility to Canada
Canada’s rules are governed by the Immigration and Refugee Protection Act. Under Canadian law, foreign nationals can be found inadmissible for criminality or serious criminality.
Offences that commonly lead to inadmissibility include:
- Driving under the influence
- Assault
- Theft and fraud
- Drug-related offences
- Weapons offences
Canada often treats offences more strictly than travellers expect. Even crimes that were considered misdemeanours in the United States may be treated as indictable offences in Canada.
Hybrid offences, which can be prosecuted either summarily or by indictment, are generally treated as indictable for immigration purposes. That classification can elevate the seriousness of the offence.
Serious criminality may apply if the offence carries a potential maximum sentence of ten years or more under Canadian law, even if the actual sentence imposed was much lower.
Inadmissibility to the United States
The United States has its own framework for criminal inadmissibility. U.S. immigration law focuses heavily on certain categories of offences.
Common grounds of inadmissibility include
- Crimes involving moral turpitude, such as fraud or theft
- Controlled substance violations
- Multiple criminal convictions
- Certain violent offences
Unlike Canada, the U.S. often analyzes whether the offence involved moral turpitude, which can be a complex and highly technical legal determination.
Waivers for entry are processed through agencies within the Department of Homeland Security. Approval is discretionary and can require substantial documentation, background checks and waiting periods.
Can You Be Denied Entry If Your Charge Was Dismissed or Expunged
Yes, you can. Many travellers believe that once a charge is dismissed, sealed or expunged, it disappears for all purposes. Immigration law doesn’t always work that way.
Border officers in Canada and the United States may still see records of arrests or charges in shared databases, even if the case was later withdrawn or cleared. In some situations, the record reflects the original charge without clearly showing the outcome.
At the border, what matters is not just whether you were convicted, but what appears in the system and how the offence is interpreted under immigration law.
If you have had a charge dismissed or expunged, don’t assume it will never come up. It’s far better to confirm your status before travelling than to explain it during secondary inspection.
Why People Get Denied After Years of Crossing Without Problems
Past travel history doesn’t guarantee future entry. Every time you arrive at the border, your admissibility is reassessed under current immigration law. Officers are not bound by previous decisions, even if you’ve crossed dozens of times without issue.
Technology also changes. Information sharing between Canada and the United States has become more integrated and older records may surface during routine screening. A charge that was never flagged before can suddenly appear in the system.
Sometimes the difference is as simple as a new question, a deeper review or an updated database. Nothing in your life has changed, but how your record is viewed at the border has.
That is why relying on past smooth travel can be risky. Each crossing is a new legal decision.
What You Can Do If You Have a Criminal Record and Need to Travel
A criminal record doesn’t automatically mean you cannot cross the border. However, you need a strategy before you travel.
The right solution depends on where you are going, what the offence was, how long ago it occurred and how urgent your travel is. Planning early gives you options. Waiting until the week of your trip usually limits them.
Options for Entering Canada
If you are inadmissible to Canada, there are three main pathways.
A Temporary Resident Permit can allow you to enter Canada for a specific purpose and period of time, even if you are technically inadmissible. This is often used for urgent business travel, family events or time-sensitive opportunities.
Criminal rehabilitation is a permanent solution. If enough time has passed since you completed your sentence, you may apply to have your inadmissibility removed entirely. Once approved, you no longer need special permission to travel to Canada for that offence.
In limited cases, a person may qualify for deemed rehabilitation if the offence was minor, only one offence occurred and a significant time has passed. Eligibility must be carefully confirmed before you rely on this option.
Options for Entering the United States
If you are inadmissible to the United States, you may need a U.S. entry waiver before travelling.
Unlike Canada, there is no equivalent to criminal rehabilitation that permanently clears inadmissibility for most foreign nationals. Instead, U.S. waivers are typically granted for a limited period of time and must be renewed.
Processing times can be lengthy and approval is never automatic. The application requires a careful legal analysis of the offence, evidence of rehabilitation and a clear explanation of your purpose for travel.
Because timelines can stretch for months, planning is critical. If you know you will need to travel to the United States for work, events or ongoing business, you should begin the waiver process well before your intended trip.
What You Need to Know Before You Travel
A criminal record can stop you at the Canadian or U.S. border, even years after your case was resolved.
Do not rely on past crossings, expungements or assumptions. Immigration officers assess admissibility every time you seek entry, based on immigration law, not criminal court outcomes.
The only way to avoid surprises is to understand how your specific offence is classified in the country you plan to enter. If you are inadmissible, there are legal pathways available. But they require preparation and time.
A past mistake does not have to define your future travel, but ignoring it can.
If you have a past charge or conviction and need to cross into Canada or the United States, get clarity before you go. Book a call with one of our client engagement coordinators and let’s discuss how we can help you build a clear-cross border strategy.
