Having a criminal record in Canada can significantly affect your ability to travel, particularly to foreign countries with strict border control policies. Whether you’re planning a vacation, business trip, or family visit, it’s essential to understand how your criminal history may impact international travel and what options are available to overcome travel restrictions. This article explains the practical realities of crossing borders with a Canadian criminal record and what steps you can take to improve your chances of being allowed entry.
Does a Canadian Criminal Record Affect Travel?
Yes, a criminal record can limit your ability to travel both into and out of Canada. While Canadian border officials typically don’t stop citizens from leaving the country based on a criminal record alone, other countries may deny you entry based on your past convictions.
The most notable example is the United States, which has strict policies around admitting individuals with criminal records—even for minor offences. Many other countries, especially those that require visas, also ask for criminal history information during the application process.
Can I Leave Canada With a Criminal Record?
Generally, having a criminal record does not stop you from boarding a plane or leaving Canada. Canadian authorities do not restrict outbound travel for individuals with criminal convictions unless there are other conditions in place, such as:
- A court-ordered travel ban
- Bail or probation conditions prohibiting international travel
- Active warrants or outstanding charges
If none of these conditions apply, you can legally leave Canada. However, the real issue is whether the destination country will allow you to enter.
Travelling to the United States With a Criminal Record
The United States has one of the most rigorous border screening processes in the world. U.S. Customs and Border Protection (CBP) has access to Canadian criminal records through information-sharing agreements. This means your record may appear during a routine background check when you attempt to cross the border.
Offences that commonly lead to inadmissibility to the U.S. include:
- Drug-related convictions (even simple possession)
- Crimes involving moral turpitude (such as theft, fraud, or assault)
- Multiple convictions resulting in a cumulative sentence of five years or more
Even if you have been granted a Canadian record suspension, U.S. officials are not obligated to recognize it and may still deny entry.
What Is a U.S. Entry Waiver?
If you’re inadmissible to the United States due to your criminal record, you may be able to apply for a U.S. Entry Waiver. This is a special document that, if granted, allows you to legally enter the U.S. despite your criminal history.
The application process includes:
- Completing extensive paperwork
- Providing court documents and RCMP records
- Submitting fingerprints
- Paying a filing fee
Entry waivers are not guaranteed, and the process can take several months. However, once granted, they are typically valid for 1 to 5 years.
Travelling to Other Countries With a Criminal Record
Each country has its own entry requirements, and some are stricter than others when it comes to criminal records. Here are a few examples:
- United Kingdom: May deny entry based on recent convictions or custodial sentences over 12 months.
- Australia: Requires visa applicants to declare criminal history and may conduct background checks.
- Japan: May bar individuals convicted of certain crimes, particularly drug offences.
- Mexico: Technically has restrictions for those with serious convictions, but enforcement is inconsistent.
Countries in the European Union may be more lenient, especially for short-term visits, but that can vary by member state. Always check the visa requirements and entry rules of the destination country before travelling.
What If You’ve Received a Record Suspension?
A record suspension (formerly known as a pardon) seals your criminal record in Canada, meaning it won’t show up on most background checks. However, it’s important to understand that:
- It does not erase your conviction
- Foreign governments are not required to recognize it
- You may still need to disclose past convictions depending on the destination country’s immigration laws
Still, obtaining a record suspension can significantly improve your chances of being allowed entry, especially when combined with legal support and transparent disclosure.
Steps to Take Before Travelling With a Criminal Record
If you have a criminal record and are planning international travel, consider taking the following precautions:
- Research the destination country’s entry policies
- Consult with an immigration lawyer or border-crossing specialist
- Obtain a record suspension if eligible
- Gather court documents and proof of rehabilitation
- Avoid last-minute travel plans—some applications can take months
- Disclose criminal history truthfully if required in visa applications
Trying to conceal your criminal history can lead to permanent bans or inadmissibility in the future.
When to Speak With a Criminal Defence Lawyer
If you’re unsure whether your record will affect your ability to travel, a criminal defence lawyer can review your situation and advise on legal remedies.
De Boyrie Law offers guidance to individuals dealing with travel restrictions caused by a criminal record. Legal advice tailored to your situation can make a significant difference in your ability to travel with confidence.
Schedule a Consultation With De Boyrie Law
A criminal record doesn’t have to define your future or limit your ability to travel. With the right legal strategy, you may be able to overcome border restrictions and regain the freedom to move internationally. Contact De Boyrie Law to schedule a consultation.