Can I go to Canada with a DUI 10 years ago?
Yes. If you were convicted of a DUI (Driving Under the Influence) after December 18, 2018, you will not be eligible for deemed rehabilitation. You must prepare to apply for Criminal Rehabilitation (CR) or a Temporary Resident Permit (TRP) before traveling to Canada.
Canada’s Strict Rules on Criminal Inadmissibility
DUI is a serious criminal offense in Canada, and an individual with a DUI conviction, whether from the United States or any other country, may be considered criminally inadmissible to Canada under its immigration laws
Even one offence for DUI can keep you from being able to enter Canada whether by air, land or sea. If the offense took place in a country other than Canada, Canadian laws of equivalent measure are also considered by the system of Canadian immigration.
Automatic Rehabilitation
You can only be considered for Deemed Rehabilitation if you meet all three conditions and your DUI occurred before December 18, 2018:
- It was a single offense (no other criminal record)
- Your sentence has been fully completed (including all fines, probation, and programs)
- The offense is considered “non-serious” under Canadian law
If your DUI occurred before December 18, 2018 and meets these conditions, you may be deemed rehabilitated once enough time has passed.
When Can You Apply for Criminal Rehabilitation (CR)?
At least 5 years have to pass since the end of your sentence before you can apply to CR. This is to say you have to first complete paying all fines, serve out probation and meet any other conditions of the court, then after 5 years you are allowed to apply.
What Happens After 10 Years?
Before December 18, 2018, if you had a single, non-serious conviction exists and it is 10 years old or more, an individual may be deemed rehabilitated under Canadian immigration laws provided:
- It was a single offense, and
- There were no additional criminal charges, and
- The offense would be considered a non-serious crime under Canadian law, and
- No jail term of more than 10 years would apply if convicted in Canada.
However, after December 18, 2018, a DUI is classified as serious criminality under Canada’s immigration laws. This means there is no longer any automatic deemed rehabilitation for DUI convictions, even if 10 years have passed since completing the sentence. Even if more than 10 years have passed since your DUI and you have no other convictions, you must still apply for Criminal Rehabilitation to be admissible
Documents You Should Carry
If your DUI occurred before December 18, 2018 and you believe you qualify for deemed rehabilitation, it is highly advised to carry the following documents whenever possible while traveling to Canada:
- Court Documents – Certified copies of the official court records documenting the date of conviction, type of offense and imprisonment sentence.
- Proof of Sentence Completion – Proof you have completed all conditions of your sentence, such as:
- Fines paid
- Probation completed
- Alcohol or driving education programs (if applicable)
- Valid Passport –Your standard travel document for international entry
- Explanation Letter – A written statement explaining:
- The circumstances of your DUI conviction
- That it occurred over 10 years ago
- That you have not had any other convictions since
- Legal Opinion Letter (Optional, but recommended) – A letter, prepared by a Canadian immigration lawyer, outlining the requirements you need to meet in order to be considered for Deemed Rehabilitation under Canadian immigration law based on your case.
Note: When your DUI was committed after December 18, 2018, this should not be used instead of filing a Criminal Rehabilitation (CR) or Temporary Resident Permit (TRP). Having your documentation will not render you admissible, but you will have to go through the right application means, then travel to Canada.
What If You’re Not Deemed Rehabilitated?
If your DUI occurred before December 18, 2018 and less than 10 years have passed since completing your sentence, you will still be considered inadmissible for entry. You must apply for one of the following:
- Criminal Rehabilitation (CR) – a permanent solution, or
- Temporary Resident Permit (TRP) – allows short-term entry.
In the event that your DUI happened since December 18, 2018, it falls under the bracket of serious criminality by the Canadian immigration law. You should never fail to apply CR or TRP no matter the duration period since your conviction. No automatic deemed rehabilitation exists regarding post-2018 DUI criminal activities unless the Canadian law alters in the future.
The applications for these all require fees, documentation and processing time so be sure to enroll long in advance of your trip.
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