Well, it depends! Let’s assume for the purpose of this blog that the DUI conviction you suffered was a misdemeanor and is the only conviction that you have on your record. In that case, you may still be unable to enter Canada until you undergo the “criminal rehabilitation” process. A DUI conviction places you in the “criminally inadmissible” category in Canada. Generally, you will have to file an Application for Criminal Rehabilitation and/or a Temporary Residence Permit (TRP). This is something that generally will require the services of a Canadian immigration lawyer if efficiency and speed is important to you. Generally, a DUI will be considered to be a non-serious offense and once five years elapses from the date of conviction (if no probation was granted) or from the date you successfully completed probation, you will be considered criminally rehabilitated.

Someone who has been convicted of a DUI may still enter Canada, although it may require the acquisition of a TRP. This would be specifically for someone who has not had a period of five years elapse since the completion of their probation or someone who has applied for criminal rehabilitation and the application is pending. To acquire a TRP you must have a specific reason to enter Canada, i.e., theoretically something other than general sightseeing, but those rules have apparently recently been relaxed.

Am I criminally rehabilitated?

If more than ten years has passed since the completion of probation, you may not need to get a TRP or apply for criminal rehabilitation because you may be deemed to be “criminally rehabilitated” by Canada. Those individuals who have acquired a Certificate of Rehabilitation in California may also be legally admissible to Canada.

Good news!

Basically, the good news is that as of March 1, 2012, Canadian officials have adjusted their requirements regarding drunk driving. Although drunk driving is generally a misdemeanor in the United States, it is always a felony in Canada. Under this new policy, people with one minor conviction can generally get a free TRP to enter Canada. Americans with convictions still have to go through a “criminal rehabilitation” process to permanently clear their record for easy entrance into and out of Canada, but the TRP generally will prevent their rejection at the border. This policy applies to those who only have one conviction on their record.

Anyone with a conviction on their record should speak to a Canadian immigration attorney prior to going to Canada. As a DUI attorney with offices in Santa Rosa, Eureka, Lakeport, Napa, San Rafael and Ukiah, I have had numerous clients who have experienced problems at the Canadian border. It is always best to speak to a Canadian immigration lawyer to eliminate any problems at the border.

For more information about California DUI issues, click here.