For Canadians with a criminal past, international travel can be complex. While Canadian law generally permits individuals to leave the country, the ability to enter a foreign country depends entirely on that country’s immigration laws and how they assess a person’s criminal background.
Some destinations enforce strict policies. For example, U.S. Customs and Border Protection notes that a single DUI is not grounds for inadmissibility, but multiple DUIs, drug convictions, or a criminal offence involving moral turpitude may lead to entry denial. In certain cases, a U.S. waiver may be required before travel is permitted.
This article outlines how criminal records affect international mobility, common points of refusal, and legal options available under Canadian and foreign laws.
Can You Leave Canada with a Criminal Record?
Yes. A criminal record does not prevent a person from leaving Canada, provided there are no active court-imposed conditions such as bail, probation, parole, or a prohibition on international travel. Canadian law does not impose exit restrictions solely based on a criminal history.
However, whether you will be allowed to enter your desired destination country is a different matter. That determination is made by foreign immigration authorities, based on their own criteria for admissibility.
Can You Travel to the U.S. from Canada with a Criminal Record?
The United States has detailed rules governing the admission of foreign nationals with criminal convictions. A single DUI usually does not result in inadmissibility, but additional offences—especially those involving drugs, violence, or deception—may raise concerns.
Common grounds that may result in inadmissibility to the U.S. include:
- Drug offences, including possession
- Crimes involving moral turpitude (e.g. fraud)
- Multiple misdemeanours, especially if recent
- Indictable offences under Canadian law
U.S. immigration officials have broad discretion at the border. If deemed inadmissible, a person may be required to apply for a U.S. entry waiver through the Department of Homeland Security. This is a detailed process that may involve collecting documents, court records, and evidence of rehabilitation.
How Do Other Countries View Canadian Criminal Records?
Each foreign country sets its entry requirements, and its immigration officers assess foreign criminal records according to its domestic law. A conviction that does not raise issues in one country could result in denied entry in another.
United Kingdom
The UK may refuse entry to individuals who have been convicted of a serious offence and sentenced to 12 months or more in custody. The time elapsed since the sentence was completed is a relevant factor.
Australia and New Zealand
These countries apply a “character test” for visitors. A prison sentence of 12 months or more—whether served or suspended—may result in inadmissibility.
European Union (Schengen Area)
The new ETIAS system will soon require travellers to disclose their criminal history. Individuals with convictions for serious offences, including violent or sexual crimes, human trafficking, or terrorism, may be considered criminally inadmissible. Minor or older convictions are less likely to cause issues, but each case is assessed individually.
Japan
Entry may be refused to individuals with drug-related convictions or sentences of more than one year in prison, even if the sentence was suspended.
Mexico
While entry is possible with a criminal record, certain offences—particularly drug offences or serious crimes—may result in refusal. Entry decisions are made by Mexican immigration authorities based on available information.
How Do Foreign Authorities Access Canadian Criminal Records?
Foreign immigration officials may access information about a traveller’s Canadian criminal record through shared databases or visa application disclosures. In many cases, a country may request a criminal record check or ask questions during border screening.
Information stored in the Canadian Police Information Centre (CPIC) may be accessible to border agents or consular officials in certain countries. Providing false or incomplete information can lead to entry denial and long-term bans.
Which Offences Typically Lead to Travel Restrictions?
Certain criminal convictions are more likely to trigger criminal inadmissibility. These include:
- Sexual crimes
- Drug trafficking or drug possession
- Crimes involving moral turpitude
- Violent offences
- Terrorism or international rights violations
Even summary offences may cause concern in countries with strict immigration standards, especially if the offence is recent or part of a broader criminal history.
Can a Record Suspension or Pardon Help?
A record suspension (formerly known as a Canadian pardon) can improve travel prospects, as it removes a person’s record from active criminal databases within Canada. However, not all countries recognize Canadian pardons.
For example, U.S. border officials may still view a pardoned offence as relevant and require an entry waiver. Despite this, a record suspension can help demonstrate rehabilitation and may support applications for visas or waivers.
What is Criminal Rehabilitation?
In some cases, criminal rehabilitation may be required, especially when seeking to travel to a country where you’ve previously been considered inadmissible. This legal process allows a foreign government to formally recognize that you are no longer a risk, based on the time passed since the offence occurred and other factors.
Applicants may need to provide evidence of changed behaviour, such as a stable residence, employment, or community involvement. The process can be time-consuming, but it is often necessary to resolve long-term travel restrictions.
