If you’ve been convicted of a DUI (or even a wet reckless), you might not be allowed to visit our northern neighbors. Applying for a temporary residency permit, having your criminal record wiped, or being judged rehabilitated under Canadian law are all methods for getting past this prohibition. Each of these alternatives will cost money and time. This is why, if you’ve been charged with a DUI, it’s crucial to hire a qualified attorney to minimize or dismiss the case and avoid these travel limitations entirely.
You can reach Chambers Law Firm at 714-760-4088 now to request a free legal consultation and learn about your particular post-conviction options.
The basics of Canada’s legal system
Foreigners with a criminal record of either two convictions for any acts that would be crimes in Canada and are from distinct incidents, or one conviction for any crime that is an “indictable offense” under Canadian law are not allowed to enter the country. A major crime is defined as an indictable offense. In Canada, both DUIs and wet reckless are punishable by law (impaired driving).
As a result of this regulation, you could be prevented from entering Canada if you have even one DUI conviction – even if it’s a misdemeanor. If you were convicted when under the age of 18 or were prosecuted in juvenile court, these regulations usually do not apply.
Getting into Canada following a DUI conviction
Even if you have a DUI conviction, there are times when you may need to enter Canada, such as for business or a family event such as a wedding or a burial. Even if you have a DUI record, you may be able to travel to Canada in a variety of ways.
To begin, you may be considered rehabilitated under Canadian law. This is largely accomplished through the passage of time. You may be considered rehabilitated if your crime was punishable by less than 10 years in prison (which is the case for most California DUI convictions, unless it resulted in the death of another person), you served your sentence for the DUI at least 10 years ago, and you have not committed or been convicted of any other crime that would be an indictable offense in Canada since then.
You’d be able to enter Canada without having to fill out any paperwork or fill out any forms. To avoid any complications at the border, it is recommended that you carry documentation of your sentence completion.
Second, if you are not eligible for “deemed rehabilitation” since your DUI sentence was not completed 10 years ago, you may apply for rehabilitation. Individual rehabilitation is available to criminals who have served at least 5 years of their sentence. Depending on the type of sentence you received, there are a few different ways to figure out when the five years have elapsed.
In essence, the clock starts ticking once you’ve completed your sentence, which includes any driver’s license suspension. Individual rehabilitation is only available if you apply to Canadian immigration and explain why you believe you have been rehabilitated and are no longer a threat to public safety or Canada. This form (IMM 1444), which needs a nonrefundable processing fee, can take up to a year to complete. Although this method may be more expensive and time-consuming, it may be a suitable option for anyone who needs to travel to Canada.
Third, you may be able to have your criminal record wiped, which under Canadian law may be considered a “record suspension.” Canada will most likely allow you to enter the country if your California DUI record has been wiped. If you have finished your probation for your DUI and have not been charged with another criminal offense, you may be eligible for expungement. To find out if you are qualified for an expungement of your DUI or wet reckless conviction, contact a lawyer.
If none of the other choices are available to you, you might apply for a temporary residency permit. These permits will allow you to go to Canada for a specific reason and for a limited time. You must show that your desire to visit Canada outweighs any potential threat to public safety. A processing fee and an application are required for a temporary permit. With the help of an experienced immigration law attorney, you can apply for a temporary residency permit.
Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
