If you’ve been convicted of a DUI in the past 10 years, you may be barred from going to Canada. Here are some ways to ease those travel restrictions.
In this election year, moving to Canada has become a running joke, with both sides of the political spectrum claiming that they’ll emigrate if candidate A or candidate B is elected. But if you’ve been convicted of a DUI (or even a wet reckless), you may be barred from even visiting our neighbors to the north. There are options for getting around this rule, such as applying a temporary resident permit, having your criminal record expunged or being deemed rehabilitated under Canadian law. Each of these options can take money and time. This is why it’s critically important to hire a skilled Orange County DUI attorney if you’ve been charged with a DUI — to potentially have the charge reduced or dismissed and entirely avoid these travel restrictions.
Canadian Law
Canada law states that foreigners cannot be admitted to the country if they have a criminal record consisting of either two convictions for any offenses that would be crimes in Canada and are from separate events, or one conviction for any crime that is an “indictable offense” under Canadian law. An indictable offense is basically a serious crime. Both DUIs and wet reckless are indictable offenses in Canada (impaired driving).
The upshot of this law is that if you have even one conviction for a DUI — even if it’s a misdemeanor — you could be barred from entering Canada. These laws typically do not apply if you were convicted while you were under the age of 18 or were tried in juvenile court.
Entering Canada After a DUI Conviction
There are situations in which it may be necessary for you to enter Canada even if you have a DUI conviction, such as for work or for a family event, like a wedding or a funeral. There are several ways for you to be permitted to go to Canada even after a DUI conviction.
First, you could be deemed rehabilitated under Canadian law. This operates mostly through the passage of time. If your offense was punishable by less than 10 years in jail (which is the case for most California DUI convictions, unless it resulted in the death of another person), you completed the sentence for the DUI at least 10 years ago, and you have not committed or been convicted or any other crime that would be an indictable offense in Canada since that time, you may be deemed rehabilitated. You would be allowed to enter Canada without filling out any forms or doing any paperwork. It is advisable, however, to carry documentation of your sentence completion to prevent any problems at the border.
Second, if you do not qualify for “deemed rehabilitation” because it has not been 10 years since you completed your DUI sentence, you could apply to be rehabilitation. Individual rehabilitation is available to those offenders who completed their sentence at least 5 years ago. There are a number of ways to calculate when the 5 years have passed, based on what type of sentence you received. In essence, the clock starts once you have completed the terms of your sentence, including any driver’s license suspension. To be eligible for individual rehabilitation, you must apply to Canadian immigration, explaining why you believe that you are now rehabilitated and do not pose a risk to public safety and Canada. This form (IMM 1444) requires the payment of a nonrefundable processing fee and can take over a year to process. Although this process may cost more money and take a considerable amount of time, it may be a good idea for anyone who needs to travel to Canada.
Third, you could have your criminal record expunged, which may qualify as a “record suspension” under Canadian law. If your California DUI record has been expunged, Canada will likely allow you to enter the country. Expungement may be available to you if you have completed probation for your DUI and have not been charged with another criminal offense. Contact an Orange County DUI attorney to determine if you are eligible for an expungement of your DUI or wet reckless conviction.
Fourth, you could apply for a temporary residency permit if you are not eligible for any of the above options. These permits will allow you to visit Canada for a specific purpose and a limited period of time. You must demonstrate that your need to visit Canada outweighs any risk to public safety. A temporary permit requires a processing fee and an application. An experienced immigration law attorney can assist you with filing for a temporary residency permit.
DUI convictions can have real and lasting effects on your life, from license suspensions to jail time and even travel restrictions. That is why it is so critical that you have a skilled Orange County DUI attorney representing you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn how we can help you if you have been charged with DUI in California.
