US Criminal Record: Can You Enter Canada?

A US criminal record can make you inadmissible to Canada, and IRPA s.16(1) requires a truthful answer when a border officer asks about it. Canada judges the offence by its Canadian equivalent under IRPA s.36. Deemed rehabilitation after 10 years, Criminal Rehabilitation after 5 years, or a Temporary Resident Permit can overcome it. An officer decides.

See which rules your record touches with the Admissibility Explorer

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

These are government fees only. The Fee Calculator adds them up.

How does Canada judge a US criminal record?

Canadian criminal inadmissibility flows from section 36 of IRPA. Section 36(1) covers serious criminality: a foreign offence whose closest Canadian equivalent is punishable by a maximum of 10 years or more. Section 36(2) covers criminality: a foreign offence that would be indictable in Canada, or two offences not arising out of a single occurrence.

Section 36(3) sets out rules of interpretation: a hybrid offence is deemed indictable even if prosecuted summarily, inadmissibility may not rest on a conviction under a Canadian record suspension or ended by a final acquittal, and rehabilitation (deemed or applied for) can resolve the inadmissibility.

IRPA s.36 does not assess your foreign conviction by its name or classification in your home country. CBSA officers map your foreign offence to the nearest equivalent Canadian Criminal Code or federal statute offence and assess inadmissibility based on the Canadian equivalent’s maximum penalty, not the actual sentence you received.

Serious and non-serious criminality compared
Factor	Serious (s.36(1))	Non-Serious (s.36(2))
Canadian equivalent max	10 years or more	Indictable or hybrid, under 10 years (or two offences)
Deemed Rehabilitation	Not available	Possible 10 years after the sentence for one indictable-equivalent offence, or 5 years for two or more summary-equivalent offences (IRPR s.18)
Criminal Rehabilitation fee	$1,231	$246.25
Earliest you can apply for CR	5 years after completing the sentence	5 years after completing the sentence
TRP available	Yes (officer discretion)	Yes (officer discretion)

The rule

Section 36(1) covers serious criminality: a foreign offence whose closest Canadian equivalent is punishable by a maximum of 10 years or more.

IRPA s.36(1)Verify on justice.gc.ca

What if a US offence has no Canadian equivalent?

Under the dual criminality principle, a foreign offence can only make you inadmissible if the act is an offence in Canada and the Canadian equivalent has the required maximum penalty. For serious criminality (IRPA s.36(1)), the Canadian equivalent must carry 10+ years maximum.

If there is no Canadian equivalent for your foreign offence (e.g., certain US regulatory or administrative violations), you are not inadmissible on criminality grounds for that offence. The test uses the act committed, not the charge or conviction name: Canadian officers assess the underlying conduct.

The Criminal Equivalency page looks up Canadian offences and their maximum penalties.

Will a border officer know about your US record?

The main ways a record can come to light:

The CBSA's published list of systems for traveller processing (its Info Source entry) names the Canadian Police Information Centre (CPIC) and the US National Crime Information Center (NCIC).
IRPA s.16(1) requires anyone seeking to enter to answer truthfully all questions put to them for the examination, and to produce the documents the officer reasonably requires.
The eTA form asks whether you have ever committed, been arrested for, been charged with or convicted of any criminal offence in any country, and asks for the details of each.

Which routes can overcome a US record?

Deemed rehabilitation: Deemed rehabilitation flows from IRPA s.36(3)(c) and the rules in IRPR s.18. It needs no application or fee, but an officer must be satisfied that you meet its conditions, which for one offence generally are: a Canadian equivalent with a maximum of less than 10 years, only one such conviction, at least 10 years since the full completion of all sentence conditions, and no subsequent convictions or criminal activity. IRCC says you should be sure you will qualify before you try.
Criminal Rehabilitation: Criminal Rehabilitation under IRPA s.36(3)(c) is a formal application to IRCC that, once approved, removes the grounds of criminal inadmissibility, in IRCC’s words. It opens 5+ years after completion of ALL sentence conditions (fines paid, probation ended, licence reinstated). A separate application goes by mail or courier to the visa office responsible for your region, or with a visitor visa, study or work permit application at a Visa Application Centre. You still need to meet the requirements for entry as a temporary or permanent resident.
Temporary Resident Permit (TRP): A TRP under IRPA s.24(1) is a temporary authorization for an inadmissible person to enter Canada for a specific purpose and period. There is no minimum wait, but IRCC issues TRPs only for compelling reasons and at an officer’s discretion. There is no separate TRP application for foreign nationals outside Canada: a US citizen or lawful permanent resident living in the US sends IRCC a web form asking that it go to the visa office in Los Angeles for instructions, or you can tell the officer at a port of entry that you want to request TRP consideration. A TRP can be issued for up to 3 years for the stated purpose, and it is no longer valid once you leave Canada unless it states that it is valid for re-entry.

What does it cost, and who decides?

Temporary Resident Permit: $246.25 per person, not refunded if refused.
Criminal Rehabilitation: $246.25 for non-serious criminality and $1,231 for serious criminality, not refundable whatever the decision.
Biometrics: $85, which may also be required.
Deemed rehabilitation: No fee, because no application is required.

A border or visa officer always makes the final decision, and weighs your need to enter against the risk you may pose. IRCC says rehabilitation applications can take over a year to process.

Which free tool checks your own case?

Free, with no account. What you enter in a tool stays in your browser.

What do people ask?

Does Canada have access to US criminal records?

Assume so. 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 ask, and IRPA s.16(1) requires a truthful answer to every question. Hiding a record is misrepresentation under IRPA s.40(1)(a), a separate 5-year bar. Our Criminal Records page explains the grounds.

Can a US citizen with a criminal record enter Canada?

Often, yes, but it depends on the offence. Canada maps the US offence to its Canadian equivalent: a maximum of 10 years or more is serious criminality under IRPA s.36(1), and an offence that would be indictable with a lower maximum, or two offences from separate events, is criminality under s.36(2). Deemed rehabilitation, Criminal Rehabilitation or a Temporary Resident Permit can then overcome it. Some US offences have no Canadian equivalent at all. The Admissibility Explorer shows which rules your answers touch.

How do I get a US criminal record check for a Canadian application?

Follow IRCC's checklist. Guide 5312 for Criminal Rehabilitation uses the document checklist IMM 5507, and US applicants also complete IMM 5939, which sets out the police and court records to send. The checklist decides what you provide, so read the current version before you order any record. Our Document Checklist lists every document for a rehabilitation or TRP application.

Does a US pardon fix Canadian criminal inadmissibility?

Not necessarily. IRCC says that if the offence occurred outside Canada and you were pardoned, you may be inadmissible, and the visa office will tell you if the pardon is valid in Canada. Courts weigh foreign relief under the three-part test in Canada (MCI) v Saini, 2001 FCA 311. A California PC 1203.4 dismissal may also leave the conviction in place for Canada. Our California PC 1203.4 guide and Pardoned Offences guide explain the analysis.

I was charged but not convicted. Am I inadmissible?

It depends. IRCC says that for a charge withdrawn or dismissed outside Canada, you may be inadmissible, because IRPA s.36 also covers committing an act abroad. A final acquittal is different: s.36(3)(b) bars basing inadmissibility on it. Bring court papers that show how the charge ended. A charge that is still pending raises the same question about the act. Our Dismissed Charges guide and Pending Criminal Charges guide explain both situations.

How far back does Canada check US criminal records?

There is no time limit. IRPA sets no statute of limitations for criminal inadmissibility, so a conviction from 30 years ago counts the same as one from last year until a route resolves it. Deemed rehabilitation can apply 10 years after the sentence for one indictable-equivalent offence under 10 years ends (5 years for two or more summary-equivalent offences), and Criminal Rehabilitation can be sought 5 years after any sentence ends. Our Rehabilitation Calculator counts the years from your sentence dates.

Does a DUI make me inadmissible to Canada?

In most cases, yes. A DUI committed on or after December 18, 2018 matches impaired operation, Criminal Code s.320.14, with a 10-year maximum (s.320.19), so it is serious criminality under IRPA s.36(1). That leaves Criminal Rehabilitation after 5 years or a TRP. IRCC assesses an older DUI under the penalties in force at the time, so it may be criminality under s.36(2) instead. Our DUI and Canada Entry guide covers both dates.

How much does it cost to fix criminal inadmissibility to Canada?

The IRCC fee is $246.25 per person for a Temporary Resident Permit, $246.25 for Criminal Rehabilitation for criminality, and $1,231 for serious criminality. Biometrics, where required, add $85. Deemed rehabilitation has no fee because no application is required. These are government fees only, before any lawyer or consultant. Confirm them on IRCC before you pay; our Fee Calculator adds them up.

Part of:Criminal record

Official sources

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