Short answer: in most cases a US felony conviction makes you inadmissible to Canada, and the passage of time alone will not fix it. Under section 36(1) of the Immigration and Refugee Protection Act (IRPA), a person is generally inadmissible for serious criminality if their foreign conviction, had it been committed in Canada, would equal an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years. Most US felonies cross that 10-year line once mapped to their Canadian equivalent. Here is the part that surprises people: unlike ordinary (non-serious) criminality, there is no deemed rehabilitation for serious criminality, so a conviction does not "age out" no matter how many decades have passed. What this means for you in practice is that you usually have three routes back, and an officer always retains the final discretion: Criminal Rehabilitation (a permanent fix, generally available 5 years after you finish your full sentence), a Temporary Resident Permit or TRP (which can be requested immediately for a compelling reason), or applying for both at once. This guide explains how the equivalency analysis works, why felonies sit outside deemed rehabilitation, and what each pathway involves. It is educational only and not legal advice; a CBSA or IRCC officer decides each case, and individual situations should be reviewed with a Canadian immigration lawyer or a CICC-regulated consultant.
How IRPA Classifies Felony-Level Offences
Canada's immigration law does not use the terms "felony" or "misdemeanor." Those are US labels, and a state calling something a felony does not by itself decide your Canadian admissibility. Instead, IRPA applies a Canadian law equivalency analysis. The key question is: if the conduct underlying your US conviction had occurred in Canada, what offence would it most closely match under the Canadian Criminal Code or other federal Acts, and what is the maximum sentence Canada attaches to that offence? It is the Canadian maximum penalty, not the sentence you actually received, that sets the tier. So a felony where you served only probation can still be serious criminality if its Canadian equivalent carries a 10-year ceiling. What this means for you: two people with identically named convictions in different states can land in different tiers if the underlying facts map to different Canadian offences, which is why the analysis is fact-specific.
Under IRPA s.36(1)(b), a foreign national is inadmissible for serious criminality if their foreign conviction, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years. One detail trips many people up: most Canadian offences that matter here are "hybrid" (the Crown can prosecute them as summary or indictable). For immigration purposes, IRPA s.36(3)(a) deems every hybrid offence to be indictable and assessed at its full indictable maximum, even if the equivalent US charge was minor. A clear example is impaired driving: since Bill C-46 took effect on December 18, 2018, the Criminal Code offence (s.320.14, with penalties in s.320.19) carries a maximum of 10 years on indictment, so a DUI dated on or after that day generally now falls under serious criminality rather than ordinary criminality.
No deemed rehabilitation for serious criminality. Deemed rehabilitation is the automatic, time-based relief set out in the IRPA Regulations (IRPR s.18), and it is available only where the Canadian-equivalent offence carries a maximum of less than 10 years. Because serious criminality under IRPA s.36(1) means a 10-year-or-more maximum, it sits outside s.18 entirely. There is no amount of time, 10 years, 20 years, even 50 years, that will automatically clear a serious criminality finding. The only permanent resolution is an approved Criminal Rehabilitation application, which is the applied (case-by-case) rehabilitation under IRPA s.36(3)(c).
This stands in stark contrast to non-serious criminality (IRPA s.36(2)). Under IRPR s.18, a person convicted outside Canada of a single offence whose Canadian equivalent carries a maximum of less than 10 years is generally deemed rehabilitated once at least 10 years have passed since they completed the imposed sentence, with no application and no fee. Felony-equivalent offences never reach that automatic door, so the only way through is an application you file and IRCC approves.
Common US Felonies and Their Canadian Equivalents
Most US felonies map to Canadian equivalents with maximum penalties of 10 years or more, placing them in the serious criminality tier under IRPA s.36(1), though some lower-level felonies map to Canadian offences below that line and fall under ordinary criminality (IRPA s.36(2)) instead. Common examples of felony-type conduct and their general Canadian classification:
- ! Grand theft / robbery, typically maps to serious criminality
- ! Aggravated assault, typically maps to serious criminality
- ! Drug trafficking, typically maps to serious criminality
- ! Burglary / breaking and entering, typically maps to serious criminality
- ! Fraud / wire fraud, typically maps to serious criminality
- ! Felony DUI (injury or death), serious criminality
- ! Manslaughter, serious criminality (complex; consult a lawyer)
The exact Canadian equivalent for your felony requires an equivalency analysis. The Admissibility Breakdown ($49.99) provides this analysis, mapping your charge to Canadian law and identifying your inadmissibility tier, fees, and rehabilitation timeline.
Why There Is No Deemed Rehabilitation for Felonies
Deemed rehabilitation under IRPA s.36(3)(c) is a statutory provision that automatically resolves non-serious criminality after 10 years. It is explicitly limited to offences where the Canadian equivalent carries a maximum of less than 10 years imprisonment. Because most US felonies map to Canadian equivalents with maximums of 10 years or more (robbery, aggravated assault, drug trafficking, fraud, etc.), they fall outside the scope of deemed rehabilitation entirely.
This creates a permanent inadmissibility situation that can only be resolved by:
- ✓ Receiving an approved Criminal Rehabilitation decision from IRCC (permanent resolution, requires 5-year wait)
- ✓ Holding a valid Temporary Resident Permit (temporary solution, up to 3 years, must be renewed)
- ✓ Being found not inadmissible upon proper equivalency analysis (uncommon for true felonies)
Criminal Rehabilitation: The Permanent Solution
Criminal Rehabilitation under IRPA s.36(3)(c) is the only permanent pathway to resolve inadmissibility from a felony conviction. Once approved, the inadmissibility is permanently removed, no TRP renewals, no border anxiety, no annual applications.
Eligibility Requirements
- ✓ At least 5 years must have passed since you completed your entire sentence, including any incarceration, parole, probation, fines, and restitution orders
- ✓ The application must be submitted before any new criminal offence is committed
- ✓ The applicant must demonstrate rehabilitation through evidence such as stable employment, community ties, and completion of any required programs
Application Process
- 1. Complete IMM 1444 (Application for Criminal Rehabilitation)
- 2. Obtain police certificates from every country you have lived in for 6 or more months since age 18
- 3. Gather complete court records: charges, conviction, sentencing transcripts
- 4. Compile evidence of rehabilitation: employment history, references, treatment completion
- 5. Pay the government processing fee, which varies by classification (as of December 1, 2025, $246.25 CAD for non-serious criminality and $1,231 CAD for serious criminality; always confirm the current amount on IRCC before paying)
- 6. Submit to Canadian visa office responsible for your country of residence
Processing times currently range from approximately 6 to 18 months. Check the IRCC website for current processing times at your visa office. See our full Criminal Rehabilitation guide for details on every step.
TRP: Your Bridge While Waiting for Rehabilitation
A Temporary Resident Permit (TRP) under IRPA s.24(1) allows an inadmissible person to enter Canada temporarily when there is a compelling reason that outweighs the risk posed to Canadian society. For felony convictions, TRPs are the only immediate option, there is no waiting period, but there is also no guarantee. The decision is fully discretionary.
Factors Considered Under IRPA
- • Nature and seriousness of the inadmissibility
- • How long ago the conviction occurred and evidence of rehabilitation since
- • The purpose and necessity of travel to Canada (business, family emergency, medical)
- • Ties to country of origin suggesting you will return (employment, family, property)
- • Risk assessment: would your presence in Canada pose a risk to public safety?
Strategic note: Applying for a TRP and Criminal Rehabilitation simultaneously is a common and effective strategy. The TRP allows immediate travel while the rehabilitation application (which can take 12-18 months) is processed. Having an approved TRP does not harm your rehabilitation application.
TRP processing fee: $246.25 CAD per person as of December 1, 2025 (confirm the current amount on IRCC, and note biometrics fees may also apply). The fee is non-refundable even if the permit is refused. A TRP can be issued for up to 3 years and is tied to the specific purpose and dates you state. Full details: Temporary Resident Permit Guide
Will CBSA See My Felony Conviction?
Almost certainly yes. Canada and the United States share criminal-justice information through long-standing arrangements between their border and law-enforcement agencies. US felony convictions are recorded in the National Crime Information Center (NCIC) and can be accessed by CBSA through its connection to the Canadian Police Information Centre (CPIC).
At land border crossings, CBSA officers run identity checks through NCIC/CPIC as part of routine primary inspection. At airports, advance passenger information is cross-referenced before your flight even lands. There is no reliable way to conceal a US felony conviction at the Canadian border.
Attempting to enter Canada while inadmissible, without a TRP or approved rehabilitation, is a serious matter and can result in being refused entry or, in some cases, a removal order. Concealing or lying about a criminal history is far worse than the underlying conviction: misrepresentation is a separate ground of inadmissibility under IRPA s.40, and under s.40(2)(a) it generally carries a 5-year period of inadmissibility, during which (per s.40(3)) you cannot even apply for permanent residence. What this means for you: declaring the conviction and addressing it through the proper pathway is almost always the safer course, and a licensed immigration lawyer or CICC consultant can advise on your specific situation.
Want a detailed breakdown?
Our detailed breakdowns explore your circumstances against IRPA sections and provide a detailed complexity overview.
View Deep DivesFrequently Asked Questions
My felony conviction is 25 years old. Can I enter Canada now?+
The age of the conviction does not automatically resolve serious criminality under IRPA. Unlike non-serious criminality, there is no time-based deemed rehabilitation for felony-equivalent offences. You must apply for Criminal Rehabilitation (requires 5 years since sentence completion) or obtain a TRP. The strength of your rehabilitation evidence, stable employment, community ties, no subsequent offences, significantly improves your prospects in either application.
I completed a drug felony sentence 6 years ago. Am I eligible for Criminal Rehabilitation?+
Yes, if at least 5 years have passed since you fully completed your sentence (including parole, probation, fines, and restitution), you are eligible to apply. Drug trafficking maps to a serious criminality offence in Canada. The government fee depends on your classification. Processing takes approximately 6-18 months.
Can I apply for a TRP if I am still on probation for a felony?+
Yes. A TRP can be applied for regardless of probation status, there is no minimum waiting period. However, being on active probation is a significant negative factor in the officer's discretionary assessment, as it suggests your sentence is not yet complete. You would need a compelling reason (urgent business, family emergency, etc.) to overcome this.
Does my felony pardon or Governor's commutation help with Canadian admissibility?+
A US pardon, expungement, or executive commutation does not eliminate Canadian inadmissibility. Canada independently applies IRPA to your criminal history. However, a formal pardon may be a positive factor in a rehabilitation application, demonstrating that your home country's justice system has recognized your rehabilitation.
What if my felony charge was dropped to a misdemeanor through a plea deal?+
Canada assesses the offence you were actually convicted of, not the original charge. If your plea deal resulted in a misdemeanor conviction, Canadian admissibility is assessed based on that misdemeanor's Canadian equivalent. However, if the misdemeanor still maps to a 10-year maximum offence in Canada (e.g., DUI post-2018, reckless driving), it still constitutes serious criminality.
Can a person with a felony become a Canadian permanent resident?+
Yes, after receiving an approved Criminal Rehabilitation decision. Criminal Rehabilitation permanently resolves the inadmissibility, allowing you to apply for and receive permanent residence through any eligible immigration program (Express Entry, provincial nomination, spousal sponsorship, etc.). The rehabilitation must be approved before submitting a permanent residence application.
Is a US felony the same as a Canadian indictable offence?+
Not automatically. "Felony" is a US sentencing label and Canada does not adopt it. For admissibility, IRCC looks at the conduct you were convicted of and asks what Canadian offence it most closely equals and what maximum sentence that offence carries. Many Canadian offences are hybrid, and IRPA s.36(3)(a) treats every hybrid offence as indictable for immigration purposes. A felony usually maps to an offence with a 10-year-or-more maximum (serious criminality), but the only way to know your specific tier is a fact-based equivalency analysis, and a CBSA or IRCC officer makes the final determination.
How long does Criminal Rehabilitation take and what does it cost?+
Processing typically runs about 6 to 18 months depending on the responsible visa office and how complete your application is. As of December 1, 2025, the IRCC processing fee is $246.25 CAD for non-serious criminality and $1,231 CAD for serious criminality (felony-equivalent). Fees change, so confirm the current amount on IRCC before paying. Building a complete file, court records, police certificates, and evidence of rehabilitation, tends to reduce delays from requests for more documents.
Can I be refused entry to Canada at the border for a felony even with no warrant?+
Yes. Inadmissibility under IRPA is about your conviction history and its Canadian equivalent, not about whether you have an outstanding warrant. If you are inadmissible for serious criminality and arrive without a valid Temporary Resident Permit or an approved Criminal Rehabilitation, an officer can refuse you entry and, in some situations, issue a removal order. Entry is never guaranteed, and the border or visa officer always retains discretion to decide.
Does a single felony conviction make me inadmissible, or do I need more than one?+
A single felony-equivalent conviction can be enough. Serious criminality under IRPA s.36(1) can be triggered by one foreign conviction whose Canadian equivalent carries a maximum of at least 10 years. You do not need multiple offences. By contrast, the number and type of offences can affect whether ordinary criminality or the time-based deemed rehabilitation rules in IRPR s.18 might apply, which is one reason an equivalency analysis matters.
How Do TRP, Criminal Rehabilitation, and Deemed Rehabilitation Compare?
| Feature | TRP | Criminal Rehabilitation | Deemed Rehabilitation |
|---|---|---|---|
| Wait time | Immediate | 5+ years after sentence | 10+ years after sentence |
| Duration | Up to 3 years | Permanent | Automatic |
| Cost (Dec 1 2025) | $246.25 CAD | $246.25 / $1,231 CAD | Free |
| Eligible offences | Any | Any | Non-serious only |
| IRPA reference | s.24(1) | s.36(3)(c) | s.36(3)(c) |
Your Next Step
Don't guess at your admissibility. Use our free explorer tool to understand how your felony record maps to Canadian law, anonymously, in minutes.
Explore Your Admissibility: FreeOfficial sources
This page is based on law and policy published by the Government of Canada.