Pardon or Criminal Rehabilitation? What You Need to Enter Canada with a Past Offence Posted onJanuary 17, 2023April 8, 2025/ Devry Smith Frank LLP Individuals convicted of a minor or serious criminal offence may be considered inadmissible to enter Canada. However, they may still enter Canada through either criminal rehabilitation or a record suspension (pardon). This article outlines the requirements for each process to help determine eligibility to enter Canada with a criminal record. Criminal Rehabilitation for Entry to Canada Under Canada’s immigration laws, those convicted of a criminal offence outside Canada may be criminally inadmissible. The nature of the crime, the time that has passed, and conduct since the offence are key factors. A person may be eligible to come to Canada if they are deemed rehabilitated or if an immigration officer approves an application for criminal rehabilitation. Deemed Rehabilitation Canada Deemed rehabilitation means that enough time has passed since the offence that it no longer bars the person from entering Canada. This applies if: There was only one conviction in total Ten years have passed since completion of all sentencing requirements The crime is not considered serious in Canada The crime did not involve property damage, physical harm, or weapons To be considered for deemed rehabilitation at a port of entry, the individual must provide: Police certificate from the country of conviction Court documents Canadian criminal record check Passport or birth certificate A successful deemed rehabilitation application may permit entry to Canada, assuming the person meets visitor visa requirements. However, approval is not guaranteed. Applying for Criminal Rehabilitation If not eligible for deemed rehabilitation, an individual may apply for criminal rehabilitation after five years have passed since completing the sentence. U.S. applicants must submit: State and FBI police certificates Sentencing and court documentation If fewer than five years have passed, or the applicant is otherwise ineligible, they must request special permission to enter Canada, such as a Temporary Resident Permit (TRP). Record Suspension (Pardon) in Canada A record suspension (formerly known as a pardon in Canada) separates a person’s criminal record from public records. It does not erase the offence or guarantee entry into Canada or any other country. Who Can Apply for a Record Suspension? An applicant may be eligible if: They were convicted in Canada under a federal law They completed their sentence They have maintained good conduct They were transferred from another country under the International Transfer of Offenders Act A person does not need to apply if the only convictions were: Absolute or conditional discharges Youth offences Record Suspension Canada: Waiting Periods Date Waiting Period Before June 29, 2010 · 5 years – an offence prosecuted by indictment · 3 years – an offence punishable on summary conviction Between June 29, 2010 and March 12, 2012 · 10 years – serious personal injury offence including manslaughter, an offence where an individual was sentenced to a prison term of 2 years or more, and an offence referred to in Schedule 1 that was prosecuted by indictment · 5 years – any other offence by indictment and an offence referred to in Schedule 1 that is punishable on summary conviction · 3 years – an offence other than the ones mentioned above, that is punishable on summary conviction. On or after March 13, 2012 · 10 years – an offence prosecuted by indictment · 5 years – an offence that is punishable on summary conviction. The waiting period starts after completing all sentencing requirements — including fines, restitution, imprisonment, and probation. How to Apply for a Record Suspension Applicants must apply through the Parole Board of Canada (PBC) and submit: Criminal record Court documents Local police checks Identity documents Record Suspension vs Pardon vs Criminal Rehabilitation While often used interchangeably, there are key differences between a record suspension vs a pardon and criminal rehabilitation: Record suspension is for convictions in Canada Criminal rehabilitation applies to convictions outside Canada Individuals with offences in both jurisdictions may require both A record suspension must be approved first if there’s a Canadian conviction, except for a single summary offence Can I Visit Canada with a Criminal Record? Many people ask about visiting Canada with a criminal record, especially for past DUIs or other non-violent offences. The key is whether the person is deemed rehabilitated, qualifies for criminal rehabilitation, or needs a record suspension. Conclusion If you’re unsure whether you need a pardon to enter Canada, or how to apply for deemed rehabilitation or criminal rehabilitation, the best first step is to consult with an immigration lawyer. The eligibility criteria vary significantly depending on the offence, timeline, and location of the conviction. For more information about your immigration matter, contact Dayna Devonish-Montique at Devry Smith Frank LLP at 705-526-9328 ext. 101 or at dayna@prostlaw.com. This blog was co-authored by student-at-law, Abby Leung “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique, and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situations and needs.”
