Many Americans with an old DUI assume that once 10 years have passed, they can automatically enter Canada again.
That is not always the case. Whether an old DUI continues to make you inadmissible to Canada depends on several factors, including when the offence occurred, when the full sentence was completed, the Canadian equivalent offence, and whether you have any other criminal history.
One date is particularly important: December 18, 2018. Canada increased the maximum penalties for most impaired-driving offences on that date, significantly changing how DUI convictions may be treated for Canadian immigration purposes.
At Falcon Law PC, we assist individuals throughout the United States and internationally with DUI entry to Canada matters, Criminal Rehabilitation applications, and other criminal inadmissibility concerns.
Does a DUI Automatically Disappear After 10 Years?
No. The passage of 10 years does not automatically erase a DUI or guarantee admission to Canada.
However, some individuals with older offences may qualify for deemed rehabilitation. This means Canadian immigration law may treat the person as rehabilitated without requiring approval of a separate individual Criminal Rehabilitation application.
Whether deemed rehabilitation applies depends on the offence, its Canadian equivalent, the number of offences, the sentence, and how much time has passed since the sentence was fully completed.
Why Does December 18, 2018 Matter for DUI Cases?
Canada increased the maximum penalties for most impaired-driving offences effective December 18, 2018.
If an impaired-driving offence was committed before December 18, 2018, Canadian immigration authorities generally assess the offence using the penalties that were in force at that time. Depending on the circumstances, an individual with a single older DUI may potentially qualify for deemed rehabilitation once at least 10 years have passed since completion of the sentence.
If the impaired-driving offence was committed on or after December 18, 2018, the Canadian equivalent may carry a maximum prison term of 10 years and may therefore constitute serious criminality for immigration purposes.
Where serious criminality applies, the ordinary 10-year deemed rehabilitation rule generally does not apply. Individual Criminal Rehabilitation may instead need to be considered once the applicant becomes eligible.
When Does the 10-Year Period Begin?
The relevant period generally runs from the completion of the entire sentence, not simply the date of arrest or conviction.
Sentence completion may include:
- jail or imprisonment;
- probation or parole;
- payment of fines or restitution;
- driving prohibitions or licence suspensions;
- community service; and
- other court-ordered conditions.
For example, if a DUI conviction occurred 12 years ago but probation or a driving suspension ended nine years ago, the person should not simply assume that the 10-year deemed rehabilitation period has been satisfied.
What Is Deemed Rehabilitation?
Deemed rehabilitation may apply where enough time has passed and the applicant satisfies the requirements under Canadian immigration law.
For a single foreign offence corresponding to an indictable Canadian offence punishable by a maximum term of less than 10 years, deemed rehabilitation may generally become possible at least 10 years after completion of the sentence.
However, deemed rehabilitation is not available for every offence or every criminal history. Multiple offences, serious criminality, or other complicating factors can prevent an individual from relying on the rule.
Even where a traveller believes they qualify, a Canadian immigration or border officer ultimately determines admissibility. Travellers should therefore avoid treating the passage of 10 years as an automatic border clearance.
What If I Have More Than One DUI or Criminal Offence?
Multiple offences can significantly change the analysis.
A person with two DUI convictions, a DUI combined with another criminal offence, or other criminal history should not assume that deemed rehabilitation applies simply because the offences are old.
Where deemed rehabilitation is unavailable, an individual may instead need to pursue individual Criminal Rehabilitation once the applicable eligibility requirements are met.
What If My DUI Was a Misdemeanor?
The fact that a DUI was classified as a misdemeanor in the United States does not necessarily mean that it is minor for Canadian immigration purposes.
Canadian immigration authorities generally examine the foreign offence and determine what offence it corresponds to under Canadian law. The Canadian equivalent offence and its potential penalty are therefore more important than whether the original U.S. offence was labelled a misdemeanor or felony.
What If My Record Was Expunged, Sealed, Pardoned, or I Was Never Convicted?
A foreign pardon, discharge, dismissal, expungement, or other court disposition may require a separate Canadian immigration analysis.
Applicants should not assume that removal or sealing of a record under U.S. law automatically eliminates Canadian admissibility concerns. IRCC may review the original offence, court disposition, applicable foreign law, and Canadian equivalent before determining whether the person remains inadmissible.
For more information, review our guide on entering Canada where a record was pardoned or there was no conviction.
What If I Do Not Qualify for Deemed Rehabilitation?
Two potential options may be Criminal Rehabilitation and a Temporary Resident Permit (“TRP”).
Criminal Rehabilitation can provide a longer-term solution to criminal inadmissibility and may generally be applied for once at least five years have passed since completion of the sentence.
A Temporary Resident Permit is different. It temporarily allows an otherwise inadmissible person to enter or remain in Canada where there is a sufficiently compelling reason and the circumstances justify issuing the permit.
Our comparison of Criminal Rehabilitation versus a TRP explains when each option may be relevant.
Can I Travel to Canada With an Old DUI Before Resolving It?
Attempting to enter Canada without first understanding your admissibility can create unnecessary border risk.
A traveller may be questioned about the offence, asked for court or sentencing records, or found inadmissible if the officer is not satisfied that the legal requirements for entry have been met.
This can be particularly important where the trip involves scheduled business obligations. Our guide to business travel to Canada with a criminal record discusses these considerations further.
Travellers planning recreational trips should also be aware that a DUI can affect entry regardless of the purpose of travel. See our guide on fishing or hunting in Canada with a criminal record.
What Documents Should I Review Before Travelling?
Determining whether an old DUI still creates inadmissibility may require reviewing the original court disposition, sentencing records, proof that all sentence requirements were completed, criminal record checks, and other relevant documentation.
These records can be particularly important where an individual intends to rely on deemed rehabilitation at a Canadian port of entry.
Speak With a Canadian DUI Inadmissibility Lawyer
If you have an old DUI and are unsure whether you can enter Canada after 10 years, Falcon Law PC can assist with reviewing the offence date, Canadian equivalency, sentence-completion date, deemed rehabilitation eligibility, and other available options.
You can contact Falcon Law PC to schedule a consultation or review our packages and fees for additional information.