Written By: Ravi Prithipaul (Criminal Defence Lawyer)
The answer depends largely on where the offence occurred, whether inside or outside of Canada, and on the admissibility requirements of the country to which you seek entry. If you are trying to enter Canada, you are not a Canadian citizen, and you are convicted of a criminal offence outside Canada, then a Canadian immigration officer could deny you entry; that officer has considerable discretion. You could be considered criminally inadmissible to Canada in accordance with Canada’s immigration laws.
If you are in Canada as a foreign national and have questions about your ability to remain in Canada, you should seek out expert legal advice. Ravi Prithipaul, Q.C. can advise if you meet the necessary legal requirements to avoid being deported or declared inadmissible.
Record Suspension
A record suspension was formerly known as a pardon and might assist you in traveling in and out of Canada, depending on the country to which you seek entry (but usually not the United States). A record suspension is available under the Criminal Records Act, RSC 1985, c C-47 to those who were convicted in Canada of a criminal offence. You must have completed your sentence and must demonstrate that you have been law-abiding for a prescribed number of years (five or ten, depending on the nature of the conviction(s)).
Ravi Prithipaul, Q.C. can confirm if you qualify for a record suspension and he can complete the submission in a professional manner for you.
Temporary Resident Permit (TRP)
If you are otherwise inadmissible but have reason to be in Canada that is justified in the circumstances, you may still be able to enter Canada under a TRP or Criminal Rehabilitation application. A TRP is a short term permit (valid for one year from the date of issuance) for a particular trip or a series of trips if your reason to travel to Canada is justified due to extenuating circumstances (e.g., to work, an emergency situation or a humanitarian/compassionate grounds) and you served no jail time and have committed no acts that would prevent you from entering Canada.
Criminal Rehabilitation
Criminal Rehabilitation is a method to apply for admission to Canada for persons who would otherwise be inadmissible because of past criminal activity. Individual rehabilitation may be granted after five years following the completion of a sentence provided the person shows that he or she meets the criteria, has been rehabilitated, and is unlikely to take part in further crimes. Or, if the crime was committed outside Canada and was punishable by a maximum prison term of less than ten years if committed in Canada, and enough time has passed since the completion of sentence, a person may be deemed “rehabilitated by the passage of time”. This applies in cases of minor offences and requires that the subject has had no other convictions since.
