Yes, you can go to Canada with a misdemeanor on your record in some cases, but a single U.S. misdemeanor is enough to block entry when the equivalent Canadian offense is serious enough to make you “criminally inadmissible.” Canadian border officers ignore the American misdemeanor/felony labels and instead look up the closest matching crime under Canadian federal law. Because common misdemeanors like DUI, theft, and assault line up with indictable-level offenses in Canada, a lot of travelers get turned around at the border without warning.
How Canada Looks at Your U.S. Conviction
The classification your offense carried in the United States doesn’t decide anything. A border officer identifies the closest Canadian equivalent and checks two things: whether that offense is indictable, hybrid, or summary conviction, and what maximum sentence it carries in Canada.
The hybrid category is where most Americans get caught. Under Canada’s Immigration and Refugee Protection Act, any offense that could be prosecuted either summarily or by indictment is automatically treated as indictable for immigration purposes.1Justice Laws. Immigration and Refugee Protection Act – Section 36 Most Canadian criminal offenses are hybrid. That means a wide range of U.S. misdemeanors triggers inadmissibility even when the offense felt minor at home.
When the equivalent Canadian offense carries a maximum sentence of 10 years or more, Canada classifies it as “serious criminality,” which closes off some of the easier ways to fix the problem.1Justice Laws. Immigration and Refugee Protection Act – Section 36
Which Misdemeanors Usually Cause Trouble
The offenses that stop travelers most often are DUI, assault, theft, drug possession, and mischief (vandalism). All of these are hybrid or indictable in Canada, so one conviction can be enough.
DUI deserves its own note. Since December 2018, impaired driving in Canada has carried a maximum sentence of 10 years, which puts it in the serious criminality bucket.2Department of Justice Canada. Impaired Driving Laws That is harsher than most Americans expect for what many states treat as a routine misdemeanor, and it changes which fixes are available to you.
When a Misdemeanor Won’t Block You
If the closest Canadian equivalent is a purely summary conviction offense (not hybrid, not indictable), a single conviction won’t make you inadmissible.1Justice Laws. Immigration and Refugee Protection Act – Section 36 This is narrow in practice because most Canadian offenses are hybrid, but some minor regulatory violations or offenses without a real Canadian counterpart fall outside the net.
Two or more convictions change the calculation. Even if each offense on its own would only be summary in Canada, multiple convictions from separate incidents can still make you inadmissible.1Justice Laws. Immigration and Refugee Protection Act – Section 36
Waiting It Out: Deemed Rehabilitation
If enough time has passed since you finished your sentence, Canada may treat you as automatically rehabilitated with no application required. The clock starts the day you complete every part of your sentence, including jail time, probation, fines, and restitution.
- One indictable-equivalent offense: 10 years after completing the full sentence.
- Two or more summary-equivalent convictions: 5 years after completing the sentence.
Deemed rehabilitation only applies when the equivalent Canadian offense carries a maximum prison term of less than 10 years.3Canada.ca. Deemed rehabilitation That’s why the 2018 DUI change hurt so many travelers: with a 10-year maximum, DUI no longer qualifies for this path, no matter how long ago it happened.
Even if you believe you qualify, the border officer has to be convinced. Bring court records showing exactly when your sentence ended.
The Permanent Fix: Criminal Rehabilitation
Criminal rehabilitation is a formal application that permanently resolves your inadmissibility once approved. You’re eligible five years after finishing your entire sentence, and unlike deemed rehabilitation, this option is open even for serious criminality offenses like DUI.4Canada.ca. Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity
You’ll need court records, sentencing documents, proof that fines were paid, evidence that probation ended, and copies of the U.S. statute you were convicted under so Canadian officials can assess the equivalency.4Canada.ca. Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity The core of the application is showing you’ve been rehabilitated and are unlikely to reoffend.
The fee depends on the classification of your offense:
- Criminality (less serious): $246.25 CAD
- Serious criminality: $1,231.00 CAD
Both figures are in Canadian dollars.5Canada.ca. Citizenship and immigration application fees: Fee list Processing takes over a year, so start well before any trip you’re planning.6Government of Canada. How long will it take to get a decision on my individual rehabilitation application
Traveling Sooner: Temporary Resident Permit
A Temporary Resident Permit (TRP) covers the gap when you need to enter Canada before rehabilitation is approved, or before you’re even eligible to apply. You need a compelling reason to be in Canada: work, a family emergency, or a similarly urgent purpose. A vacation typically doesn’t clear the bar.7Government of Canada. Temporary resident permit – Who can apply or make a request
A TRP can be valid for up to three years.8Government of Canada. Applying to stay in Canada longer as a temporary resident permit holder The application fee is $246.25 CAD.5Canada.ca. Citizenship and immigration application fees: Fee list Issuance is discretionary. There’s no guarantee.
At the Border or in Advance
You can request a TRP when you arrive at a Canadian port of entry. Tell the officer you’re requesting TRP consideration, and they’ll weigh your reason for entering against any risk to Canadian society.9Government of Canada. How to apply for or request a Temporary Resident Permit If the answer is no, you’re turned away. If you can’t afford that outcome, apply in advance through a Canadian visa office.
Flying In: The eTA Timing Problem
If you’re flying to Canada rather than driving, you need an Electronic Travel Authorization (eTA) before boarding, and criminal inadmissibility is assessed during that application. A conviction can produce a denied eTA before you ever reach the airport.
The order matters. If you’re inadmissible, criminal rehabilitation needs to be approved first, and then you apply for the eTA. Applying for the eTA before rehabilitation is confirmed will likely produce a refusal based on whatever information is on file.10Government of Canada. Overcome criminal convictions With rehabilitation processing running over a year, air travelers with records need to start much earlier than they usually expect.
What About a U.S. Expungement or Pardon?
Having your U.S. record expunged or your conviction set aside does not automatically clear your inadmissibility in Canada. Canada treats foreign pardons and expungements on its own terms. Check with the Canadian visa office serving your region to find out whether the specific relief you received will be recognized.10Government of Canada. Overcome criminal convictions A clean record on your side of the border does not guarantee a clean record on theirs.
Before You Head to the Border
Canadian officers can see your U.S. criminal record. Canada has had access to American criminal record databases for decades, so hoping a conviction won’t come up isn’t a plan. Hiding it is worse than disclosing it: misrepresentation creates a separate inadmissibility finding that’s harder to fix than the original criminal issue.
Gather your paperwork before you go. Bring proof of conviction, sentencing details, and documentation that every part of the sentence was completed. Bring the expungement order if you have one. If you’ve applied for rehabilitation or a TRP, bring the confirmation and any approval letters. Officers move faster and decide more favorably when the file is already in their hands.
If your situation involves serious criminality, multiple convictions, or a recent offense, talk to a Canadian immigration lawyer before you try to enter. A formal refusal at the border enters your immigration file and complicates future applications, and that consequence outlasts any single trip.