A US felony conviction will make you inadmissible to Canada in nearly every case. Under section 36(1) of the Immigration and Refugee Protection Act (IRPA), a person is inadmissible for serious criminality if their foreign conviction — if committed in Canada — would constitute an offence punishable by a maximum of 10 or more years imprisonment. Most US felonies meet this threshold. Critically, unlike non-serious criminality, there is no deemed rehabilitation pathway for serious criminality — no matter how old the conviction or how long ago you completed your sentence. Your options are Criminal Rehabilitation (requires 5 years since sentence completion), a Temporary Resident Permit (available immediately), or both simultaneously.
How IRPA Classifies Felony-Level Offences
Canada's immigration law does not use the terms "felony" or "misdemeanor." 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 for that offence?
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.
No deemed rehabilitation for serious criminality. Section 36(3)(b) of IRPA, which provides for deemed rehabilitation, explicitly excludes serious criminality. There is no amount of time that can pass — 10 years, 20 years, 50 years — that will automatically resolve a serious criminality finding. The only permanent resolution is an approved Criminal Rehabilitation application.
This stands in stark contrast to non-serious criminality (IRPA s.36(2)), where a single conviction with a Canadian equivalent maximum of less than 10 years can qualify for deemed rehabilitation after 10 years automatically.
Common US Felonies and Their Canadian Equivalents
Nearly all 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). 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 specific felony requires an equivalency analysis. The Admissibility Report ($49.99) provides this analysis — mapping your specific 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)(b) 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 government fee: varies based on your inadmissibility classification (see IRCC website for current amounts)
- 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 fee: $200 CAD per person. Valid up to 3 years, specific to stated purpose. Full details: Temporary Resident Permit Guide
Will CBSA See My Felony Conviction?
Almost certainly yes. Under the Beyond the Border Action Plan between Canada and the United States, the two countries share extensive criminal justice data. US felony convictions are recorded in the National Crime Information Center (NCIC) and are accessible to CBSA through their 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 a removal order. Misrepresenting or concealing a criminal history is an additional ground of inadmissibility under IRPA s.40 and can result in a 5-year ban on any future applications to Canada.
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View ReportsFrequently 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.
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 | IRCC fee | Varies by classification | Free |
| Eligible offences | Any | Any | Non-serious only |
| IRPA reference | s.24(1) | s.36(3)(c) | s.36(3)(b) |
Your Next Step
Don't guess at your admissibility. Use our free screening tool to understand how your felony record maps to Canadian law — anonymously, in minutes.
Screen your admissibility — free and anonymousImportant: This tool provides general information based on publicly available Canadian immigration law (IRPA). Results are not a determination of admissibility. Only a CBSA officer at a port of entry can make admissibility decisions. For complex legal situations, professional guidance may also be beneficial.