In 2021, there were 4.28 million trips to Canada from all over the world. Why? It isn’t just because this is one of the friendliest countries to ever exist. Canada is full of beautiful landscapes, incredible dining, great shopping, and entertainment venues that will leave you jumping in your seat for days.
So, this land of maple leaves and craft beer may sound amazing, but what if you have a previous criminal conviction? Can a felon go to Canada for a quick vacation, visit friends, or just an easy escape from the boring 9 to 5 in the States?
Can You Go to Canada with a Felony?
The short answer to can a felon travel to Canada is maybe. Anyone that is a non-Canadian trying to visit the land in the north is going to be subject to the various immigration rules and regulations. Those restrictions outline some past criminal convictions that will exclude you from spending any money in Canada.
That’s where we get to meet the Canada Border Services Agency. It is the job of the CBSA to check everyone trying to enter the country. These are the people that will tear your entire vehicle apart if they think you have drugs or simply wave you on without a second thought. It all depends on the day they’re having, the potential threats they are looking for, and if that pack of white powder in your passenger seat looks like something other than sugar.
What Type of ID Will I Need?
Entering Canada with a felony is the same as in any other country. You will need some form of identification to make it through the US/Canada border. These will be official travel documents like a US passport.
Yes, it used to be that you could travel to Canada with felony only using a valid driver’s license, but since 9/11 and Covid, they have upped the ante to a U.S. Passport. Remember, a felony conviction does not necessarily go away when you are 18, so it may still pop up in a database.
When you make entry into Canada, you will be stopped by border patrol agents who will request your ID and ask a few questions. These usually involve:
- Do you have any relationships with family or friends that will be coming home with you when you return?
- What do you intend to do in Canada? (business, pleasure, etc.)
- What is your reason for traveling?
- Do you have enough money while in Canada?
- Are you transporting anything illegal or dangerous?
What is a Passport?
When you travel to Canada with felony convictions, you need a passport. This is an official travel document issued by the United States government verifying your identity, nationality, and any exceptional circumstances for your background (rarely applies).
It can be a short booklet that fits in your back pocket or a passport ID. Either way, you will have to apply to the U.S. State Department to get a passport. This can take a long time if too many applicants bog them down, so plan accordingly.
Who is Not Allowed to Enter Canada?
Unfortunately, the stunning land of Canada is not 100% open to anyone that wants to visit. Everything will come down to a case-by-case basis, but in general, you will not be able to enter Canada if:
- You have been convicted of a serious crime in Canada.
- You have been convicted of a serious crime in another country.
- You have committed a crime in another country that is a serious crime under Canadian law.
- You are involved in human rights violations or organized crime.
- You have been previously deported in the past.
Again, don’t overreact here. You can still travel to Canada with felony convictions if you meet certain rules. You will have to do some proactive work to ensure you’ll be good to go when attempting to enter any Canada states.
The time since your conviction does play a minor role. If it has been 20 years, they may show mercy. However, the CBSA has access to the US criminal record database, so they can see everything.
How Do I Enter Canada with a Felony?
Don’t worry. We’re not going to leave you hanging. If you are still determined to visit Canada, there are options. We mostly have to worry about the entry trip and not traveling to US from Canada on the return visit.
Tip #1 – Be Deemed Rehabilitated
In the event that 10 years have passed since you committed a crime or completed your full sentence (off paper), you may be able to get entry into Canada. The customs agents will be the final decision maker for your entry, which can be a little risky. They will look at:
- The type of crime in your background.
- How many crimes you have committed.
- Your life stability (have a job, place to live, etc.)
- Whether or not you are likely to commit more crimes on your visit.
The designation of being “deemed rehabilitated” only applies to those where the criminal sentence is less than 10 years under Canadian laws, not the US. So if you got a 5-year sentence for assault in the States, but the ruling in Canada for an equivalent statute is 15 years, you may be out of luck.
Tip #2 – Applying for Individual Rehabilitation
For all our frequent fliers heading north, a great answer to “Can a felon go to Canada” is seeking individual rehabilitation. This is a formal application that gives you 100o0% surety that you can cross the Canada border whenever you visit. Many CDL truck drivers with felony backgrounds seek rehabilitation for visiting Canada.
To get eligibility and apply to the Canadian Government, you will need:
- To pay the application Fee.
- To complete and successfully verify your application documents.
- Ensure it has been at least 5 years since your crime.
- Ensure it has been at least 5 years since you’ve been off paper (fulfilled all requirements of your criminal sentence).
It costs around $200 for each application or up to $1,000 if you have a serious crime. The total time to get your answer, whether or not you will get approval, can range from 6 to 12 months.
Tip #3 – Be Granted a Pardon or Discharge of Crime
This is a lot trickier of a course to take when you are asking yourself can you go to Canada with a felony conviction. It requires you to receive a full pardon from the state governor or president of the United States based on your level of crime. This can be difficult because they are not handed out like candy.
Normally, to get a pardon, you need to demonstrate that you are:
- Fully rehabilitated and highly unlikely to commit another crime.
- Able to survive on your own without assistance.
- Need the pardon or discharge to advance your career or education.
In every case, you will need to pay an application fee, go through the emotionally draining process of speaking to a pardon board, and probably hire an expensive lawyer to succeed. This doesn’t include felony expungement. Even though your public record goes away, the border agents can see your private history and still exclude you from entry into Canada.
Sometimes, you can get a pardon because of needing to travel to Canada and find an apartment so you can care for sick family members in the country.
Tip #4 – Receive a Temporary Residence Permit
This is known as a Canadian TRP. It grants legal entry to Canada for a specific duration of time based on the applicant. You will need to submit an application and provide a ton of supporting documents because you are basically being allowed to immigrate to Canada as a temporary resident.
The best bet here is to speak with a professional lawyer or immigration service that works close with the Canadian consulate. You can also apply at the various ports of entry you are trying to cross, but that process can be expensive and less likely to work out unless you have a very minor crime.
A lot of students who have Pell Grants and other scholarships consider going to Canada for school and need a Canadian TRP to stay or a student visa.
Tip #5 – Get Clearance from the Canadian Embassy
This is another way to get the Canadian TRP and is how most people answer can a felon travel to Canada. You are giving notice way ahead of time of your upcoming trip and letting the political machine in Canada handle your application to ensure you are safe and don’t pose any form of threat.
Most of the time, this will be for low-level offenses that are non-violent, not drug-related, and were over 10 years in the past.
What About a DUI Conviction?
All right, now let’s discuss a DUI. This is a conviction where you were pulled over and found guilty of driving under the influence of alcohol or some other intoxicant/drug. In the US, this is a pretty common crime with little to no circumstances outside a penalty payment and class.
In Canada, a DUI is a serious offense where you can lose your license, pay hefty fines, go to jail, and have your vehicle impounded. You cannot enter Canada if you are driving while under the influence of any alcohol or drug, including cannabis.
The only reason this is worth mentioning is that you may think that one minor DUI misdemeanor won’t matter at the Canadian border, but in reality, it is considered a felony-level crime and will block your entry. In those cases, you will have to deal with any of the tips mentioned above to get entry into Canada.
FAQ
How long after a felony can you enter Canada?
You should wait at least 5 years after your crime or complete fulfillment of criminal conviction for minor offenses and up to 10 years for more serious crimes.
Can I get a passport to Canada if I have a felony?
A felon can obtain a passport anytime they wish. However, the passport will not guarantee entry into Canada or any other country. You will have to follow the rules of the country you are trying to enter to actually visit.
What countries can a US felon travel to?
Again, can you enter a country with a felony conviction depending on where you want to go. Most countries are open to you as long as you haven’t committed any serious felony that involves violence, sex crimes, or drug trafficking. The best countries for felons to visit include France, Spain, Germany, Poland, The Netherlands, Thailand, and the Caribbean.
What if I have a felony arrest but not a conviction?
As Canada has full access to the US criminal database, your arrest may still show up. If you have been arrested with a felony, but not convicted yet, they may determine you are trying to escape from your crime. It helps if you can show a positive conclusion to your arrest, showing no conviction or fulfilling all your legal obligations.
What felonies are inadmissible for entering Canada?
There are many felonies that will make it next to impossible to enter Canada. Those typically include domestic violence, fraud, possession of a controlled substance, burglary, intent to sell/ distribute, conspiracy, theft, arson, sexual assault, manslaughter, trafficking, tax evasion, robbery, vandalism, money laundering, and assault with a weapon.
Wrapping it Up
Traveling to Canada as a felon doesn’t have to be a stressful situation. As long as you plan well ahead of time and get the correct documentation in order, you should be able to grab all the craft beer, maple syrup, and poutine that your heart desires. So, can a felon go to Canada on vacation? Yes, just do the work ahead of time to be sure.
If you would like to learn more about changing your life after a felony conviction, check out the guide Getting Out: success after incarceration, available on Amazon.
