Can You Enter Canada With a Misdemeanor?

Yes, a US misdemeanor can make you inadmissible to Canada. Canada ignores the misdemeanor label and matches your offence to the closest Canadian one under IRPA s.36. If that equivalent carries a maximum of 10 years or more, it is serious criminality. A TRP or rehabilitation can overcome it, and an officer decides.

See how a misdemeanor matches Canadian law with Criminal Equivalency

Last verified: November 2026

$1,231
IRCC’s Criminal Rehabilitation fee for serious criminality
$246.25
IRCC’s Criminal Rehabilitation fee for non-serious criminality
$246.25
IRCC’s Temporary Resident Permit fee, per person
Over a year
How long IRCC says rehabilitation applications can take

IRCC adjusts its fees from time to time. The Fee Calculator adds up the government fees.

Does Canada care that it was only a misdemeanor?

Canada’s immigration system does not import US criminal classifications. “Misdemeanor,” “felony,” “infraction,” “violation”: these are American legal concepts that have no direct meaning in Canadian immigration law. What matters is a concept called dual criminality.

A CBSA officer compares the essential elements of your foreign offence to the elements of the Canadian offence, not the two names. That equivalent Canadian offence, and the maximum sentence Parliament attached to it, then determines your tier of inadmissibility under IRPA section 36.

A US misdemeanor that sounds minor can map to a Canadian offence carrying a maximum of 10 years imprisonment, placing it in the serious criminality tier (IRPA s.36(1)). Conversely, some US felonies map to Canadian offences with lower maximums and fall in the criminality tier (IRPA s.36(2)). The label is never the deciding factor; the Canadian maximum sentence is.

The rule

Canada will only find you inadmissible if your foreign offence, had it been committed in Canada, would constitute an offence under a Canadian federal Act.

IRPA s.36Verify on justice.gc.ca

Which tier does a misdemeanor fall into?

Serious criminality (IRPA s.36(1)): Applies if the Canadian equivalent offence carries a maximum of 10 or more years imprisonment. No deemed rehabilitation, regardless of how old the conviction is. Criminal Rehabilitation is required (5-year wait, higher fee tier), with a TRP possible as a temporary bridge, at an officer’s discretion. Labels that can map here: DUI/DWI (post-2018), reckless/dangerous driving, assault causing bodily harm.
Criminality (IRPA s.36(2)): Applies if the Canadian equivalent is indictable (a hybrid offence counts) with a maximum of less than 10 years imprisonment, or if you have two convictions not arising out of a single occurrence. Deemed rehabilitation is possible, Criminal Rehabilitation is available after 5 years (lower fee tier), and a TRP is possible, at an officer’s discretion.
May not create inadmissibility: Some purely regulatory violations (disorderly conduct, noise ordinances) may have no Canadian Criminal Code equivalent, but this requires careful analysis.

How does Canada treat a misdemeanor DUI?

In the United States, a first-offense DUI is typically a misdemeanor in most states. For Canadian immigration purposes, a US DUI misdemeanor now maps to Criminal Code section 320.14 (operation while impaired). When that offence is prosecuted on indictment, the Criminal Code sets the maximum at 10 years imprisonment (Criminal Code s.320.19(1)), a threshold that took effect when Bill C-46 came into force on December 18, 2018.

For a DUI committed on or after that date, the 10-year maximum places it in the serious criminality tier under IRPA s.36(1). Even a fine-only first DUI counts, because Canada looks at the ceiling Parliament set for the equivalent offence. There is no deemed rehabilitation for it, however old it becomes; IRCC judges an older DUI under the penalties in force at the time.

Until rehabilitation is approved, you generally need a Temporary Resident Permit to travel to Canada. Our guide Can You Enter Canada with a DUI? covers both dates.

When does deemed rehabilitation apply?

Deemed rehabilitation under IRPA s.36(3)(c) needs no application or fee, though an officer still checks that you meet the conditions. The prescribed classes are set out in IRPR s.18(2):

IRPR s.18(2)(a), the 10-year class: no more than one conviction outside Canada that would be an indictable offence in Canada, that Canadian equivalent is punishable by a maximum of less than 10 years, and at least 10 years have passed since the day after you completed the sentence (including fines, probation, and any driving prohibitions).
IRPR s.18(2)(b), the 5-year class: two or more convictions outside Canada that would all be summary conviction offences in Canada, and at least 5 years have passed since the day after you completed the sentences.
Either way, no Canadian indictable conviction, and no further convictions inside or outside Canada during the relevant 10-year or 5-year window.
Deemed rehabilitation never applies to serious criminality, meaning a Canadian equivalent with a maximum of 10 years or more.

What do Criminal Rehabilitation and a TRP involve?

Criminal Rehabilitation: Criminal Rehabilitation is available after 5 years from sentence completion for all tiers. Apply to the Canadian visa office with your criminal records and court documents. IRCC guide 5312 says applications can take over a year to process. Once approved, it removes the grounds of inadmissibility.
Temporary Resident Permit (TRP): A TRP under IRPA s.24(1) can allow entry despite inadmissibility when an officer is satisfied your reason to enter outweighs the risk. It is fully discretionary: there is no right to receive one. A TRP can be issued for a single entry or for multiple entries up to 3 years, tied to the stated purpose. You can ask IRCC for TRP consideration before you travel, or request it at the port of entry.

How do TRP, Criminal Rehabilitation, and Deemed Rehabilitation Compare?
Feature	TRP	Criminal Rehabilitation	Deemed Rehabilitation
Wait time	No minimum	5+ years after sentence	10+ years after sentence (5 for two or more summary-equivalent)
Duration	Up to 3 years	Removes the grounds	No application; an officer checks
Cost	$246.25 CAD	$246.25 (non-serious) / $1,231 (serious) CAD	Free
Eligible offences	Any	Any	Non-serious only
IRPA reference	s.24(1)	s.36(3)(c)	s.36(3)(c)

Does the CBSA see US misdemeanor records?

It can. The CBSA’s published list of systems for traveller processing names the Canadian Police Information Centre (CPIC) and the US National Crime Information Center (NCIC). An officer can also simply ask about your record, and IRPA s.16(1) requires a truthful answer to every question. Entry is never guaranteed: an officer at the border makes the final decision in every case.

Which free tool checks your own case?

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What do people ask?

What is a misdemeanor in Canada?

Canada has no misdemeanor category. The Criminal Code divides offences into summary conviction offences and indictable offences, and many are hybrid, which means they can go either way. For immigration, IRPA s.36(3)(a) treats a hybrid offence as indictable even if it was prosecuted summarily. A US misdemeanor is matched to one of these Canadian offences. Our Criminal Equivalency page shows how common offences are matched.

Does Canada treat a misdemeanor differently than a felony?

No. Canadian immigration law does not use the misdemeanor and felony labels at all. Canada looks at the conduct, finds the closest Canadian offence and checks its maximum sentence under IRPA s.36. That is why a misdemeanor DUI committed on or after December 18, 2018, with a 10-year Canadian maximum, can be treated more strictly than a US felony that maps to a lower maximum. Our Felony Entry guide covers felonies.

Can I enter Canada with a misdemeanor DUI?

Usually only with a TRP or approved rehabilitation, if the DUI was committed on or after December 18, 2018. It maps to Criminal Code s.320.14, with a 10-year maximum, which is serious criminality under IRPA s.36(1). A fine-only sentence does not change the tier. Criminal Rehabilitation opens 5 years after the sentence ends. IRCC judges an older DUI under the penalties then in force. Our DUI guide covers both cases.

Can I enter Canada with a misdemeanor assault?

It depends on the Canadian match. Simple assault matches Criminal Code s.266, with a 5-year maximum, so it is criminality under IRPA s.36(2), and deemed rehabilitation can apply after 10 years for a single conviction. Assault causing bodily harm or with a weapon matches s.267, with a 10-year maximum, which is serious criminality. An officer compares the elements of your offence. Our Criminal Equivalency page shows the match.

Can I enter Canada with a misdemeanor theft?

Often, once enough time has passed, because minor theft usually sits in the lower tier. Theft of property worth $5,000 or less matches Criminal Code s.334(b), with a 2-year maximum, which is criminality under IRPA s.36(2). A single conviction can be deemed rehabilitated 10 years after the sentence ends (IRPR s.18(2)(a)). Before that, a TRP or Criminal Rehabilitation is the route. Our Criminal Equivalency page shows the match.

I was convicted of a misdemeanor 15 years ago. Can I be deemed rehabilitated?

Possibly, under IRPR s.18(2)(a). It covers one conviction whose Canadian equivalent is indictable with a maximum under 10 years, once 10 years have passed since the day after you completed the sentence, with no further convictions. It never covers serious criminality, such as a DUI committed on or after December 18, 2018. No application is needed; an officer decides at the border. Our Rehabilitation Calculator helps you count the years.

If I have two misdemeanor convictions, can I still enter Canada?

Possibly, without an application. IRPR s.18(2)(b) deems you rehabilitated if both convictions would be summary conviction offences in Canada and at least 5 years have passed since the day after you completed the sentences, with no further convictions. If either offence matches an indictable Canadian offence, this class does not apply; the 10-year class in s.18(2)(a) has its own conditions, and otherwise the routes are Criminal Rehabilitation, 5 years after your latest sentence ends, or a TRP. Our Criminal Rehabilitation page explains the application.

How much does it cost to overcome a misdemeanor at the Canadian border?

A Temporary Resident Permit costs $246.25 CAD per person. Criminal Rehabilitation costs $246.25 CAD for criminality or $1,231 CAD for serious criminality, the tier of a DUI committed on or after December 18, 2018. Deemed rehabilitation, where it applies, is free and needs no application. IRCC adjusts its fees from time to time, so confirm the amounts before you apply. Our Fee Calculator adds up the government fees.

Part of:Criminal record

Official sources

This page is based on law and policy published by the Government of Canada.