Driving into Canada with a past DUI? Here is how you can apply for a waiver

Matt Hendler
Published: August 19, 2021

Fully-vaccinated tourists from the United States have been able to travel to Canada as of August 9, 2021.

Since many of the popular Canadian tourist destinations are a stone's throw from the U.S., most of these tourists will be entering by vehicle at one of Canada’s ports of entry.

If you are planning to drive to Canada, you need to keep in mind that there are strict rules in place if you have a criminal record. It is important to understand these rules and what they mean so you are not denied entry. Criminal inadmissibility can prevent someone from coming to Canada, whether the stay is short term or long term, work or study, family or leisure. 

Click here to get a free consultation with the Law Firm of Campbell Cohen

When Canadians attempt to enter the United States, their passport is linked to their RCMP criminal record. A similar linkage occurs for U.S. residents trying to enter Canada from the United States. Upon entry to Canada, a U.S. citizen is required to present a U.S passport or travel document to an immigration officer for screening purposes. This person’s passport has a direct link to an FBI background record, where recent or past criminal history can appear. Even if your charge or conviction is from several decades ago, it can still appear on this criminal record and be held against your desire to enter the country. 

If you believe you are inadmissible to Canada or fear you may be denied entry to the country, it Is important to know that you still have options. 

The Canadian government offers potential short- and long-term solutions to travelers with a criminal history. The first, a temporary fix, is called the Temporary Resident Permit (TRP). The second, a permanent solution, is known as Criminal Rehabilitation.  The third, a legal opinion letter, can be helpful in unique situations such as traveling with a pending criminal charge. 

Click here to get a free consultation with the Law Firm of Campbell Cohen

Temporary Resident Permit (TRP) 

Temporary Resident Permit is designed for people who need temporary access into Canada. TRPs are typically granted to individuals who demonstrate compelling reasons for entry. That means they must show that the benefits of their visit to Canada outweigh any risks. Individuals who wish to travel to Canada for leisure purposes are typically advised to apply for criminal rehabilitation if they meet the requirements.  

Criminal Rehabilitation  

criminal rehabilitation application is for permanent clearance of criminal history. To apply for rehabilitation, it must be at least five years since you completed your sentence(s). The term sentence here refers to any judicial result of your case which could include prison or probation time, payment of fines and community service or classes. Once an applicant is approved for Criminal Rehabilitation, they no longer require a Temporary Resident Permit.   

If it has been less than five years since you finished your sentence, you are not eligible to apply for criminal rehabilitation. But, you may be eligible for a TRP.   

Legal Opinion Letter 

Legal advice can be beneficial to you even if you have not yet been convicted of a crime. Anyone who has been charged with an offence but has not yet been convicted can take steps to avoid becoming inadmissible to Canada. If you have been charged with an offence in another country, you may want to have a legal opinion letter prepared by a Canadian immigration lawyer.  

This is a report with details concerning your criminal charge, the lawyer’s legal conclusions and explanation as to how a potential sentence will impact your ability to enter Canada. It can be a helpful tool in deciding how to plead your case. 

Click here to get a free consultation with the Law Firm of Campbell Cohen

© CIC News All Rights Reserved. Discover your Canadian immigration options at CanadaVisa.com.

Share this article
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Related articles
Which Canadian industries may require a criminal record check for employment?
Close-up Of Human Hand Filling Criminal Background Check Application Form With Pen
How IRCC works with other departments to process applications
IRCC and the CBSA share responsibility for IRPA.
Are there any specific medical conditions that will make me inadmissible to Canada? 
Smiling young female doctor psychologist consulting woman in modern clinic interior
How your family member can make you inadmissible to Canada
family walking
Top Stories
Can I travel outside of Canada as a temporary resident?
Ontario announces distribution of allocation for international study permits in 2024
Canada to introduce a Renters Bill of Rights
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Canada
Can I travel outside of Canada as a temporary resident?
male traveler taking selfie portrait on the hill with mount assiniboine in national park at BC, Canada
Canada to introduce a Renters Bill of Rights
Clearing up three common misconceptions about immigrating to Canada
Debunking common myths about immigrating to Canada.
IRCC issues ITAs to Express Entry candidates in second draw this week
IRCC has held another round of invitations for Express Entry candidates
Link copied to clipboard