Question: Being convicted of DUI in any U.S. state can prevent me from entering Canada?!
- LANGFITT LAW, LLC
- May 16, 2018
- 3 min read
This series of articles address recurring legal questions that our attorneys are often confronted with at social gatherings, and by inquisitive family members and friends. Often these topics are seemingly trivial, relating to obscure topics, usually asked in good fun; other times they are quite serious, with the possibility of truly calamitous, and perhaps unforeseen, consequences. In this short series we will address some of the questions and attempt to shed a little bit of light on them.
Being convicted of DUI in any U.S. state can prevent me from entering Canada?!
Our attorneys have handled hundreds of DUI cases, and are often asked about the possible ramifications of a DUI conviction. Generally, most individuals who have accepted or are about to accept guilt for DUI are more concerned with how much their fines are, whether their driver’s license will be suspended, and perhaps most importantly to them: will they avoid jail. Whether a DUI conviction will prevent them from travelling to Canada is generally far from their minds, and often comes up years after their conviction when they are planning a trip to Canada. Now imagine that you’re not for example going fishing, but travelling on business, or a perhaps attending a wedding, and you come to find that you are refused entry. It can happen.
The basic truth is that Canada views DUI as a serious offense. The Canadian government reasons that they have a duty to protect their citizens and keep them safe, one way being that individuals who have been convicted of serious crimes are barred from entering Canada. Unfortunately, it does not matter if you received supervision, or your record was somehow expunged, or many years have passed, Canada takes this conviction seriously, and will prevent you from entering.
Certainly, some have been lucky in the past, where they did travel to and from Canada without having their DUI conviction pose any problems, but that does not ensure that they will not have problems visiting in the future. Recently, Canada has entered into a greater information sharing agreement with the United States, and will now have greater access to individuals’ criminal records. Thus, although some may have been lucky in the past, it is most likely because Canada did not have access to their records at the time, but their luck may now have run out.
So, what if you are one of the unfortunate who does have a DUI conviction in their past, is there a way of gaining entry? Maybe. This is where you will need to contact a legal professional. Generally speaking, there are several possible options depending on the individual’s specific circumstances. These include: an “Application for Rehabilitation” , which can be made depending on the gravity of the criminal conviction (as judged by Canadian law) and the amount of time that has passed. “Deemed Rehabilitation”, which can be granted under certain circumstances depending on the gravity of the crime and if at least 5 or 10 years have passed depending on the type of crime. And, by qualifying for a “Temporary Resident Permit”, where, in some cases, special permission can be given for entry to Canada if the person needs to enter Canada on an urgent basis usually for a short duration.
Finally, what if you had your DUI pardoned by the respective governor or by the President, will this make a difference? Most likely not. Just because someone received a pardon for a conviction of a DUI outside of Canada does not necessarily mean that Canada will recognize that pardon. The individual will still most likely need to apply for rehabilitation or deemed rehabilitated. This also applies to individuals who have had their criminal record expunged.
LANGFITT LAW, LLC
1320 Tower Road, Suite 103
Schaumburg, Illinois 60173
847-301-4250
Disclaimer: The information contained at this site is not, nor is it intended to be, legal advice. You should always consult with an experienced attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Please be advised that your contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established and you have been asked to do so.