Can You Enter Canada With a Pardoned Offence?

Not on its own. Canada does not automatically recognize a foreign pardon, expungement or spent conviction: officers match the offence to Canadian law under IRPA s.36. A single non-serious offence can be deemed rehabilitated after 10 years. Otherwise, Criminal Rehabilitation after 5 years or a Temporary Resident Permit are the routes. An officer decides.

Match the offence with Criminal Equivalency

Last verified: November 2026

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

Confirm the current fee on IRCC before applying. The Fee Calculator shows each one.

Does Canada recognize a foreign pardon?

Not on its own. Under the Immigration and Refugee Protection Act (IRPA), Canada conducts its own independent admissibility assessment based on Canadian law equivalency.

When you approach the Canadian border, CBSA maps your foreign conviction to its closest Canadian Criminal Code equivalent and determines inadmissibility based on that mapping. The IRPA does not include a general exception that says “a foreign pardon removes inadmissibility.”

IRCC says a person pardoned outside Canada may still be inadmissible, and the visa office for the region confirms whether a foreign pardon is valid in Canada. A border or visa officer makes the final decision.

The rule

Canada does not automatically recognize a pardon, expungement, or spent conviction granted by another country.

IRPA s.36Verify on justice.gc.ca

How is a foreign pardon different from a Canadian record suspension?

In Canada, what was historically called a pardon is now called a record suspension under the Criminal Records Act, R.S.C. 1985, c. C-47. A Canadian record suspension, granted by the Parole Board of Canada, sets aside a conviction from the Canadian Police Information Centre (CPIC) and means the record is kept separate from other criminal records.

It applies only to Canadian convictions. Under IRPA s.36(3)(b), inadmissibility may not be based on a conviction with a record suspension in force. IRCC says a person who gets a Canadian record suspension will no longer be inadmissible.

US presidential or gubernatorial pardon: Restores civil rights but does not erase the conviction. The US Department of Justice says a presidential pardon does not erase or expunge the conviction.
US state expungement or sealing: Removes or limits public access to the record domestically. Canada makes its own assessment under IRPA s.36.
UK spent conviction (Rehabilitation of Offenders Act 1974): The conviction is “spent” after a rehabilitation period.
Other foreign pardons: These vary widely by country in their legal effect.

How does IRPA s.36 apply after a pardon?

The two tiers of criminal inadmissibility
Tier	IRPA section	What it covers
Serious criminality	IRPA s.36(1)	Offences with a Canadian equivalent carrying a maximum of 10 or more years imprisonment. Applies to both permanent residents and foreign nationals. No deemed rehabilitation path.
Criminality	IRPA s.36(2)	A conviction outside Canada for an offence that would be indictable in Canada (an offence that can go either way counts as indictable), or for two offences from separate events. One summary-only offence is not listed. Applies to foreign nationals only.

A foreign pardon does not change which tier the Canadian offence falls in. IRPA s.36(3) sets out how convictions are interpreted and when inadmissibility can be overcome.

Section 36(3)(a) deems a hybrid offence (one that can be prosecuted either summarily or by indictment) to be indictable even if it was actually prosecuted summarily, so the maximum on indictment is the one that counts.

Section 36(3)(b) says inadmissibility may not be based on a conviction for which a record suspension has been ordered (and not revoked). On its face this refers to a Canadian record suspension from the Parole Board of Canada. A foreign pardon is not automatically treated the same way.

Section 36(3)(c) is the route most relevant to foreign convictions. The grounds based on convictions and acts outside Canada do not make a person inadmissible if, after a prescribed period, they satisfy the Minister that they have been rehabilitated, or if they belong to a prescribed class. A foreign pardon can be helpful evidence in that analysis, but the rehabilitation itself flows from meeting the time and offence conditions.

When does deemed rehabilitation apply after a pardon?

Deemed rehabilitation is the prescribed-class route under IRPA s.36(3)(c), with the detailed conditions set out in IRPR s.18. There is no application and no fee, and IRCC issues no document. An officer checks whether the conditions are met.

The Regulations set the periods, and nothing in them shortens one:

10 or more years have elapsed since the completion of all sentence conditions.
The offence was a non-serious criminality offence (Canadian equivalent maximum under 10 years).
There was only one such offence. IRPR s.18(2)(b) sets a separate class for two or more convictions that would all be summary conviction offences in Canada, with a shorter 5-year wait after the sentences are completed and its own conditions.
No other conviction in those 10 years, in Canada or abroad, and the other conditions listed in IRPR s.18(2)(a).

A foreign pardon does not replace the period or the conditions on the number of offences. Serious criminality is excluded. The Rehabilitation Calculator shows the dates for your record.

Which routes remain when a pardon is not enough?

Criminal Rehabilitation: Open once 5 years have passed since your sentence was fully completed, and it removes the ground of inadmissibility once approved. The fee is $246.25 for non-serious criminality and $1,231 for serious criminality. IRCC says these applications can take over a year to process.
Temporary Resident Permit (TRP): Can be requested before travel, within a visa or permit application or through IRCC's web form, or at the port of entry. It lets an otherwise inadmissible person enter for a specific reason and period, at a fee of $246.25. The officer decides whether your need to enter or stay outweighs the health or safety risks to Canadian society.

IRCC’s rehabilitation guide asks a person who may be inadmissible for complete details of all charges, convictions, court dispositions and pardons. The pardon documents are part of the complete record IRCC asks for, and the pardon is part of the record the officer reads.

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What do people ask?

Does a US or other foreign pardon let me into Canada?

Not by itself. Canada assesses inadmissibility under Canadian law, so a US presidential or state pardon does not override IRPA s.36. IRCC says a person pardoned outside Canada may still be inadmissible, and the visa office for the region confirms whether the pardon is valid in Canada. An officer decides. The Criminal Rehabilitation page explains that application.

Does a pardon clear a sexual offence for entry to Canada?

Not on its own. IRCC says a person pardoned outside Canada may still be inadmissible, and many sexual offences map to serious criminality. Sexual assault under Criminal Code s.271 carries up to 10 years on indictment, which is serious criminality under IRPA s.36(1). Deemed rehabilitation never applies to serious criminality, so the routes are Criminal Rehabilitation, 5 years after the sentence ends, or a Temporary Resident Permit. The Criminal Equivalency page shows how offences map.

My record was expunged in the US. Will Canada see it?

No official source read for this guide says what an officer sees on screen, so this guide does not say. The law is clear on the other side: an officer can ask about your record, and IRPA s.16(1) requires a truthful answer. Disclose the offence and present the expungement as context. The Expunged Records & Canada guide explains how Canada reads a sealed record.

How long do I wait for deemed rehabilitation after a pardon?

A pardon does not change the clock. For a single non-serious offence, deemed rehabilitation under IRPR s.18(2)(a) needs at least 10 years since you completed every part of your sentence, with every other listed condition met. Two or more offences that would all be summary offences in Canada fall under a separate 5-year class in IRPR s.18(2)(b). Serious criminality is excluded. The Rehabilitation Calculator shows the dates for your record.

My offence was serious criminality and I have a pardon. What are my options?

Two routes remain. Deemed rehabilitation never covers serious criminality, whatever the time or the pardon. You can apply for Criminal Rehabilitation once 5 years have passed since your sentence was completed; the fee is $1,231, and IRCC says these applications can take over a year. For travel sooner, a Temporary Resident Permit costs $246.25. An officer decides each one. The TRP vs Criminal Rehabilitation guide compares them.

Does a UK spent conviction count as a pardon for Canadian entry?

Not by itself. Under the UK Rehabilitation of Offenders Act 1974 a conviction can become spent, and that rule governs how the UK treats it. Canada still maps the offence to the closest Criminal Code equivalent and checks the maximum penalty under IRPA s.36. IRCC says a pardon or discharge from another country may leave a person inadmissible. Deemed rehabilitation turns on the Canadian equivalent and the time passed. The UK Criminal Record guide covers UK records.

I have a pardoned DUI. Can I still be inadmissible to Canada?

Yes, and the offence date matters. An impaired driving offence committed on or after December 18, 2018 carries a 10-year maximum under Criminal Code s.320.19, so it is serious criminality under IRPA s.36(1), and a foreign pardon may leave it in place. For an older offence, IRCC applies the penalties in force at the time: generally criminality, with deemed rehabilitation possible after 10 years. The DUI & Canada guide explains both.

Do I have to declare a pardoned or expunged offence when entering Canada?

Yes. Answer questions about your history truthfully, even if the offence was pardoned, expunged or sealed at home. Saying you have no record when the conviction exists can be misrepresentation under IRPA s.40, a separate 5-year inadmissibility that Criminal Rehabilitation does not clear. Disclose the offence and present the pardon as context. The Criminal Records & Canada page explains the wider rules.

Part of:Criminal record

Official sources

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