Entry into Canada with a Criminal Record

Helping Good People Regain Control of Their Future

When Charged With a Crime

December 2018 eNewsletter Issue no. 25

Did you know that you could be denied entry into Canada if you have a criminal record? Even a minor conviction from years ago, such as a DUI or petty theft, could bar you from entering into Canada and ruin your travel plans if you are not prepared .

Misdemeanor vs. Felony Doesn’t Matter?

For travel purposes, it is not important whether your offense was a misdemeanor or a felony in the United States; what matters is how your offense translates under Canadian law. Offenses that are minor in some states, such as a DUI, can be serious in Canada and render you inadmissible. A Canadian immigration lawyer can determine the equivalency of your offense in Canada.

Pending Charges

Travelling to Canada with pending charges is possible, but you must present evidence that you are fighting the charges. Without this, you could be denied entry if they have reason to believe you committed a crime, even though you haven’t been convicted.

Probation

If you are on probation for an offense that makes you inadmissible, you will be denied entry to Canada. To travel while on probation, you will need a Temporary Resident Permit .

Expungement

Not all expungements will facilitate travel to Canada. To completely clear your record for immigration purposes you should apply for Criminal Rehabilitation . However, individuals whose charges were dismissed under California’s expungement law (PC 1203.4) are often accepted, so petitioning for expungement can be beneficial.

Solutions to Inadmissibility

The best way to ensure you will be allowed into Canada is to apply for Criminal Rehabilitation, which clears your record for Canadian travel. You may apply 5 years after completing your sentence, including probation and fines. Before the 5 year mark, a Temporary Resident Permit can allow travel to Canada for a significant reason, such as for business or a family emergency.

FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration, follow FWCanada on Facebook , Twitter and LinkedIn .

How to “Clean up” Your Criminal Record

Motion to Seal and Destroy Arrest Record ( Penal Code 851.91 ) : Thanks to a new law that took effect January 1, 2018, those that have been arrested but not charged, or those whose case has been dismissed, will have an easier time sealing and destroying their arrest records. Most arrests or charges qualify (even child abuse, elder abuse or domestic violence – unless there is a pattern of arrests or convictions).

Motion for Early Termination or Modification of Probation (Penal Code 1203.3): At any time after the Court grants probation, the defendant can petition the Court for an early termination of probation. Practically speaking, one is in the best position to apply for this type of relief if all the requirements of probation have been satisfied (e.g. fines, fees, community service or programming). Once probation is terminated, any custody time hanging over the person’s head will go away. If one is on formal felony probation, a motion to modify can be filed in order to convert the probation to summary, which means no more probation officer if the motion is granted.

Petition to Withdraw Guilty Plea and Dismiss Case (a.k.a. “expungement”)(Penal Code 1203.4): Once a person is off of probation (either because it naturally expires or because a motion to terminate probation early has been granted) he or she can apply for this relief if no other charges are pending and if not serving a sentence on another case. Having the petition granted will allow the person, in most circumstances, to answer “no” when asked if they have been convicted of a crime.

Motion to Reduce Charge (Penal Code 17(b)): For felonies that are “wobblers” (charges that could have been filed as either a misdemeanor or felony) one can petition the court to reduce the charge to a misdemeanor. This may have the benefit of restoring gun rights lost as a result of the felony conviction for certain types of offenses. A granted “17(b) motion” will also likely lead to the conversion of formal probation to summary probation. In most circumstances, this motion is made in addition to others, such as a termination of probation and a petition to “expunge.”

Law Office of David P Shapiro

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San Diego, CA 92103

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This newsletter is for meant for informational and marketing purposes only, and should not be relied on as legal advice. Viewing and/or use of the newsletter, including sending email or submission of forms, does not create or constitute an attorney-client relationship. Any endorsement, testimonial or other statement contained in or referred to in this newsletter is not a guarantee, a warranty or a prediction of a particular result in your case. David P. Shapiro and Stefano L. Molea are active members of the State Bar of California and are admitted to practice law in any and all California state courts and in the Southern District of California federal courts.