If you are planning a work or business trip to Canada, your plans may come to a sudden stop if you have been convicted of a DUI. In an excellent blog post by attorney Jonathan Blecher of Miami, Florida, he explains Canada's reasoning for stopping those convicted of an American DUI before crossing the border.
Canada's Immigration and Refugee Protection Act makes certain individuals with criminal records inadmissible. Individuals, including American citizens, who were convicted of a criminal offense that could be prosecuted as a felony in Canada are not allowed to enter Canada. Canada, like the United States, has criminal offenses which can be prosecuted as a misdemeanor or a felony. In America, DUIs can be either misdemeanors or felonies, depending on the number of prior offenses and whether anyone was injured or killed in the DUI incident.
If you have been convicted of a DUI in the United States and seek admission into Canada you may be able to use one of three possible solutions: (1) Criminal Rehabilitation -- if five years have passed since the completion of your DUI sentence, you can apply for rehabilitation; (2) Rehabilitation Due To Time -- if it has been over 10 years since you have completed your sentence and have no other record of criminal activity, you will be considered rehabilitated because of the passage of time; and (3) Temporary Resident Permit -- if you seek a short term visit because of an urgent matter or exceptional circumstances, for instance, birth of a baby or for medical treatment, you may be able to receive a Temporary Resident Permit.
You also might want to consider having your prior DUI expunged. For more information on expungement, contact my office in Paducah, Kentucky at (270) 442-9268 for a free case evaluation.