Can I travel to the United States with a criminal record?
In the United States? This answer is Québec and Canadian law. The US side of this site answers different questions, state by state: different law, and different coverage. Go to the US side
Short answer
The Government of Canada warns that with a criminal record, whatever the nature and the date of the offence, entry to the United States can be refused. A record suspension obtained in Canada is not recognized by American authorities.
In detail
Admissibility to the United States is entirely a matter for American authorities. Neither a Canadian court nor the Parole Board of Canada can guarantee entry.
The Government of Canada states that a record suspension granted here does not erase the information held in the databases used by the American government. Information passed on before the suspension can stay there.
American authorities have a waiver mechanism that lets you ask for permission to enter despite being inadmissible. It is not an erasure: it is a permission, granted case by case, with fees and processing times.
So two things that are often confused need to be told apart: the Canadian pardon, which has effects in Canada, and the American waiver, which is a separate process with another country.
What to document
Keep your court documents for every file, a recent criminal record check and, if you have one, the record suspension decision. Note the date and place of any refusal of entry along with the reason given: that information is asked for in any later waiver application.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
And to put it in order: our free tools · number your exhibits, set your facts in date order, request a copy of your file. No account, and nothing leaves your browser.
Official sources
- Travel advice · United States · Government of Canada
- Criminal Records Act, s. 2.3 · Justice Laws Website
Related questions
- Can the public see my criminal file at the courthouse?
- Can my name be published in the media if I am a victim?
- What is a victim impact statement and what is it for?
- Can I be compensated as the victim of a crime?
- Where can I find free help when I am the victim of a crime?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.