Can You Enter Canada With a Theft Conviction?

Usually, once the inadmissibility is resolved. Canada maps theft to Criminal Code s.334. Theft of $5,000 or less carries a 2-year maximum, which is criminality under IRPA s.36(2) and can clear through deemed rehabilitation. Theft over $5,000 carries 10 years, which is serious criminality. A TRP or Criminal Rehabilitation can overcome either. An officer decides.

See how a theft offence maps to Canadian law 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, per person
Over a year
How long IRCC says rehabilitation applications can take

The Fee Calculator estimates government fees.

How does Canada classify a theft conviction?

Canada uses the dual criminality principle: your foreign offence is mapped to its closest Canadian Criminal Code equivalent. The definition of theft is set out in Criminal Code s.322, and the punishment in s.334. IRPA classifies criminality by the maximum sentence available in Canada, not the sentence you actually received abroad.

A foreign conviction that carried a small fine can still map to a Canadian offence with a high maximum, so the dollar value of the goods, rather than the penalty imposed, usually drives the analysis. The $5,000 line works like this:

Theft of $5,000 or less (most shoplifting): Maps to Criminal Code s.334(b): a hybrid (dual-procedure) offence with a maximum of 2 years when prosecuted by indictment. Because the maximum is under 10 years, this is generally non-serious criminality under IRPA s.36(2). Deemed rehabilitation may apply after the required time has passed, and it falls in the lower Criminal Rehabilitation fee tier.
Theft over $5,000 (grand theft): Maps to Criminal Code s.334(a): a hybrid offence with a maximum of 10 years on indictment, which IRPA s.36(3)(a) treats as indictable. Because the maximum is 10 years or more, this is generally serious criminality under IRPA s.36(1). Deemed rehabilitation is not available for serious criminality, the higher Criminal Rehabilitation fee tier applies, and a Temporary Resident Permit is generally the route for travel before rehabilitation is granted.

The exact classification of your theft conviction depends on the Canadian equivalency analysis, the value involved and specific elements of the charge.

The rule

The $5,000 line in Criminal Code s.334 sets the Canadian maximum penalty, and IRPA uses that maximum to classify your inadmissibility.

Criminal Code s.334Verify on justice.gc.ca

When can deemed rehabilitation apply to theft?

Where a theft conviction maps to a Canadian non-serious criminality equivalent, the published deemed rehabilitation criteria under IRPA are these:

The required period has elapsed since you completed all sentence conditions (jail, probation, fines, restitution). For a single offence that Canada would treat as indictable, this is generally 10 years; where there were two or more offences that would be summary in Canada, it is generally 5 years
No more than one conviction that would be an indictable offence in Canada. A hybrid offence such as theft counts as indictable (IRPA s.36(3)(a)), so two theft convictions fall outside this class
The Canadian equivalent is non-serious criminality (maximum under 10 years), so theft over $5,000 does not qualify
No other conviction inside the periods the Regulations set, in Canada or abroad, and no other act described in IRPA s.36(2)(c)

Deemed rehabilitation flows from IRPA s.36(3)(c) together with IRPR s.18. It is not a document you apply for. An officer assesses it, at a visa office or at a port of entry.

The documents that answer those rules are the conviction record, proof that the sentence was completed and when, and evidence of a clean record since. The officer makes the final determination and can refuse entry. IRCC says a person who is not sure of being deemed rehabilitated at the port of entry should apply for individual rehabilitation.

Which routes overcome the inadmissibility?

A Temporary Resident Permit (TRP) under IRPA s.24(1) is available where an officer is satisfied that your need to enter or stay in Canada outweighs the risk. There is no minimum waiting period, so it can address travel that cannot wait for rehabilitation. The IRCC processing fee is $246.25 CAD per person.

A TRP is valid for a specific purpose and duration, up to 3 years, and the officer sets the length. It can be requested at a port of entry or applied for in advance. IRCC says that when a request at a port of entry is refused, the person is not allowed to enter Canada.

Criminal Rehabilitation under IRPA s.36(3)(c) removes the grounds of criminal inadmissibility, in the words of IRCC guide 5312.

Its requirements:

At least 5 years have elapsed since you completed all sentence conditions (jail, probation, fines, restitution)
No conviction for a later offence (IRPR s.17)
Fee: $246.25 for non-serious criminality, $1,231 for serious criminality
Processing time: IRCC says these applications can take over a year

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What do people ask?

Can I enter Canada with a shoplifting or petty theft conviction?

Often yes, once the inadmissibility is resolved. Shoplifting and petty theft usually map to Criminal Code s.334(b), theft of $5,000 or less, which is criminality under IRPA s.36(2). A single offence can fall within deemed rehabilitation once 10 years have passed since the whole sentence ended. Before that, a TRP or Criminal Rehabilitation is the route. The Admissibility Explorer shows which sections your record touches.

What is the punishment for theft in Canada?

It depends on the value. Under Criminal Code s.334, theft over $5,000 carries up to 10 years in prison when prosecuted by indictment, and theft of $5,000 or less carries up to 2 years on indictment. Both can also be prosecuted summarily. For entering Canada, that maximum sets the tier: theft over $5,000 is serious criminality and theft of $5,000 or less is criminality. Our Criminal Equivalency page shows the mapping.

I was convicted of theft but it was only $50 worth of merchandise. Am I still inadmissible?

Generally yes. A theft conviction maps to Criminal Code s.334(b) whatever the amount, and that can bring inadmissibility under IRPA s.36(2), because IRPA looks at the Canadian offence and its maximum, not at the penalty you received. The small value still helps: it means criminality rather than serious criminality, the lower Criminal Rehabilitation fee ($246.25) and possible deemed rehabilitation. Our Criminal Rehabilitation page explains the application.

Does Canada know about my US theft conviction?

An officer can ask about it, and the law requires a true answer: under IRPA s.16(1), a person must answer truthfully all questions put to them. A misdemeanor or felony theft conviction is part of that answer. Leaving it out can be misrepresentation under IRPA s.40, which creates a separate 5-year inadmissibility that rehabilitation does not fix. Our Criminal Records page sets out the routes the law provides.

I have two theft convictions from 15 years ago. Can I enter Canada?

Usually not on time alone. Deemed rehabilitation covers one indictable-equivalent offence after 10 years, or two or more purely summary offences after 5. Theft is a hybrid offence, which IRPA s.36(3)(a) treats as indictable, so two thefts generally fall outside both paths. Criminal Rehabilitation, open 5 years after every sentence ended, is the route the rules leave, and a TRP covers travel sooner. Our Deemed Rehabilitation guide explains the classes.

My theft conviction was expunged in the US. Does that help with Canada?

It may, and an officer decides. IRCC's guide says a person pardoned for an offence outside Canada may be inadmissible, and that the officer needs complete details of the charges, convictions, court dispositions and pardons. IRCC also says the visa office can tell you whether a foreign pardon is valid in Canada. Our Expunged Record guide explains how Canada reads a sealed or expunged record.

Is shoplifting a felony or misdemeanour in Canada?

Neither label exists in Canada. Most shoplifting maps to theft of $5,000 or less under Criminal Code s.334(b), a hybrid offence the prosecutor can take summarily or by indictment, with a 2-year maximum on indictment. For admissibility, the Canadian maximum is under 10 years, so it is criminality under IRPA s.36(2). How your home state labelled the offence does not change the analysis. Our Misdemeanor guide covers other offences.

I only received a fine or diversion, not jail, for theft. Does that change my admissibility?

A fine alone does not. IRPA classifies criminality by the maximum sentence of the Canadian equivalent, not the sentence you received, so a small fine for theft still maps to s.334. For a discharge or a dismissed charge outside Canada, IRCC says the person may be inadmissible, and an officer decides on the court records. Confirm your exact disposition with a licensed immigration lawyer or CICC-regulated consultant. Our Dismissed Charges guide covers non-conviction outcomes.

Part of:Criminal record

Official sources

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