I Had a DUI 10 Years Ago—Can I Finally Go to Canada? The Answer Depends on One Critical Date
If you had a single DUI conviction 10 years ago, you may be eligible to enter Canada under “deemed rehabilitation”—but only if your DUI occurred before December 18, 2018, AND at least 10 years have passed since you completed your ENTIRE sentence (not just your conviction date). This includes probation, fines, community service, license suspension, and all other court-ordered requirements. If your sentence finished less than 10 years ago, you’re still inadmissible.
Here’s the critical detail most people miss: thousands of Americans believe they’re eligible for deemed rehabilitation after 10 years, only to be turned away at the Canadian border because they counted from the wrong date. Your conviction happened in 2015, but your probation didn’t end until 2017? You’re not eligible until 2027. The clock starts when you finish everything—not when the judge bangs the gavel.
What “Deemed Rehabilitation” Actually Means
Deemed rehabilitation is an automatic process—no application required—that makes you eligible to enter Canada once enough time has passed since completing your sentence for a non-serious crime.
It’s based on the legal principle that people change over time. If a decade has passed without further incidents, Canadian immigration law assumes you’re rehabilitated and no longer a threat.
The key word: automatic. You don’t file paperwork or pay fees. If you meet the criteria, you’re theoretically eligible to enter Canada without special permission.
But here’s the reality: even if you technically qualify, Canadian Border Services Agency (CBSA) officers may not recognize your eligibility without proof. Immigration attorneys strongly recommend bringing a Legal Opinion Letter from a Canadian lawyer plus court documents proving your sentence completion date.
The December 2018 Law Change That Changed Everything
Before December 18, 2018, deemed rehabilitation after 10 years applied to virtually all single DUI convictions. It was straightforward: one DUI, 10 years past sentence completion, automatic eligibility.
Then Canada passed Bill C-46, increasing the maximum penalty for impaired driving from 5 years to 10 years in prison. This reclassified DUI as “serious criminality” under Canadian immigration law.
If Your DUI Occurred ON OR AFTER December 18, 2018:
You can NEVER be deemed rehabilitated automatically. Ever. Even 20 or 30 years later, that DUI will require either a Temporary Resident Permit (TRP) or Criminal Rehabilitation application for legal entry.
If Your DUI Occurred BEFORE December 18, 2018:
You may still qualify for “grandfathered” deemed rehabilitation under the old law—but only if you meet strict criteria and can prove it.
This cutoff date is non-negotiable. The date of your offense determines which law applies, regardless of when you were convicted or sentenced.
How to Calculate Your 10-Year Timeline (And Why Most People Get It Wrong)
This is where confusion—and border denials—happen most often.
The 10-year clock does NOT start from:
- Your arrest date
- Your conviction date
- The date you got out of jail
- The date you paid your fine
The 10-year clock starts from the date you completed EVERY SINGLE element of your sentence.
What “Completion of Sentence” Actually Includes
According to Immigration, Refugees and Citizenship Canada (IRCC), your sentence is complete only when you’ve finished:
Jail Time:
- Any incarceration period served in full
Probation:
- The absolute last day of supervised probation (this is usually the final completion date)
Fines and Court Costs:
- All monetary penalties paid in full, including court fees
Community Service:
- Every required hour completed and verified
DUI Classes/Alcohol Programs:
- All mandated education, treatment, or counseling programs finished
License Suspension:
- Driver’s license fully reinstated (not just eligible for reinstatement—actually reinstated)
Ignition Interlock Device:
- Device requirement period ended and device removed
Restitution:
- Any victim compensation paid in full
Any Other Court-Ordered Requirements:
- Victim impact panels, home monitoring, drug testing—everything
The element that takes the longest becomes your sentence completion date. For most people, that’s probation.
Real-World Example: Why Timeline Calculation Matters
Scenario:
- Arrested: January 2015
- Convicted: June 2015
- Sentenced: 2 days jail (time served), $1,200 fine, 3 years probation, 6-month license suspension
- Jail: Already served at arrest (January 2015)
- Fine: Paid in full August 2015
- License: Reinstated January 2016
- Probation: Ended June 2018
When does the 10-year clock start?
June 2018—when probation ended (the last element completed).
When are you eligible for deemed rehabilitation?
June 2028—ten years after completing probation.
Even though the DUI happened in 2015 (13 years ago from 2028), you’re not eligible until 2028 because probation extended until 2018.
If you showed up at the Canadian border in 2025 claiming deemed rehabilitation because “it’s been 10 years since my DUI,” you’d be denied entry. It hasn’t been 10 years since sentence completion.
What You Need to Prove at the Canadian Border
Canadian border officers have instant access to FBI databases showing your arrest and conviction dates, but they CANNOT see when you completed probation or paid your fines.
That’s your responsibility to prove.
Even if you’re technically eligible for deemed rehabilitation, if you can’t prove sentence completion, officers may deny entry.
Essential Documentation to Bring
Court Records:
- Certified copies showing conviction date and full sentencing details
- Document all requirements imposed (probation length, fine amounts, community service hours, license suspension period)
Proof of Sentence Completion:
- Probation completion letter from your probation officer or court
- Receipts showing all fines paid in full
- License reinstatement documentation from DMV
- Certificates of completion for DUI classes, MADD panels, or treatment programs
- Community service verification
FBI Background Check (Recommended):
- Shows no additional convictions in the past 10 years
- Demonstrates clean record since the DUI
Legal Opinion Letter (Highly Recommended):
- Written by a Canadian immigration attorney
- Explains why you qualify for grandfathered deemed rehabilitation
- Analyzes your offense under pre-2018 Canadian law
- Provides legal interpretation supporting your admissibility
Cost: $1,500-$3,000, but significantly reduces denial risk.
When Deemed Rehabilitation Does NOT Apply
Even if it’s been 10+ years since sentence completion and your DUI occurred before December 2018, you do NOT qualify for deemed rehabilitation if:
You Have Multiple DUI Convictions:
Two or more DUIs—even from 20+ years ago—disqualify you from automatic deemed rehabilitation. Your only options are Temporary Resident Permit or Criminal Rehabilitation application.
Your DUI Involved Injury or Property Damage:
DUI causing bodily harm, death, or significant property damage is considered serious criminality and never qualifies for deemed rehabilitation.
You Have Any Other Criminal Convictions:
Deemed rehabilitation requires a single qualifying conviction. Even an unrelated misdemeanor (theft, assault, drug possession) from years ago disqualifies you.
You Haven’t Completed All Sentence Requirements:
Outstanding fines, incomplete probation, unreinstated license—any unfinished element means you’re still inadmissible regardless of time passed.
Your DUI Was a Felony:
Felony DUI convictions are considered serious criminality under Canadian law and don’t qualify for deemed rehabilitation.
What Happens at the Border With a 10-Year-Old DUI
When you present your passport at a Canadian port of entry, border officers instantly see your criminal record through shared databases with US law enforcement.
Here’s what to expect:
1. Secondary Inspection
You’ll likely be pulled aside for additional questioning when officers see the DUI.
2. Questions About Your Conviction
Officers will ask about the offense, when it happened, what your sentence was, and whether you’ve completed everything.
3. Request for Documentation
They’ll ask for proof of sentence completion. If you don’t have it, entry may be denied.
4. Determination of Admissibility
Officers will review your documentation and decide whether you qualify for deemed rehabilitation. Their decision is final.
5. Entry or Denial
If approved, you enter Canada. If denied, you’re turned back and a denial record is created in Canadian immigration systems, making future entry harder.
What If It’s Been 9 Years, 11 Months?
If you’re close to the 10-year mark but not quite there, you have two options:
Option 1: Wait
The safest approach is to wait until you truly hit the 10-year mark. A few weeks or months can make the difference between entry and denial.
Option 2: Apply for a Temporary Resident Permit (TRP)
If you need to enter Canada urgently before reaching 10 years, you can apply for a TRP:
- What it is: Temporary permission to enter Canada despite inadmissibility
- Cost: $200 CAD government fee + $1,000-$3,500 legal fees
- Processing time: 3-8 months through consulate; same-day at border (risky)
- Validity: Single entry or up to 3 years for multiple entries
- Required: Documented reason for travel (business meeting, family emergency, specific trip dates)
A TRP is particularly useful if you’re at 9.5 years and have an important business trip or family event you can’t postpone.
When to Apply for Criminal Rehabilitation Instead
If you don’t qualify for deemed rehabilitation (post-2018 DUI, multiple convictions, or other disqualifying factors), Criminal Rehabilitation is your permanent solution.
Eligibility: 5 years after sentence completion
Benefits:
- Permanent approval—never expires
- No need to reapply for future trips
- Freedom to enter Canada anytime
Cost:
- Non-serious criminality: $246 CAD (~$180 USD)
- Serious criminality: $1,231 CAD (~$900 USD)
- Legal assistance: $2,500-$5,000+
Processing Time: 12-18 months
Criminal Rehabilitation provides certainty. Once approved, you never worry about Canadian entry again.
Expunged or Sealed DUI Records Still Count
This surprises many people: even if your DUI was expunged, sealed, or dismissed under US law, it still counts for Canadian inadmissibility.
Canada doesn’t recognize US expungement or record sealing. Canadian border officers can see expunged records in FBI databases, and Canadian immigration law treats them as if they still exist.
Only a Canadian Record Suspension (for Canadian convictions) or Canadian Criminal Rehabilitation overcomes inadmissibility—not US expungement.
Frequently Asked Questions
Q: My DUI was in 2014, but I finished probation in 2017. When can I enter Canada?
2027—ten years after completing probation in 2017. The conviction date doesn’t matter; only the sentence completion date counts.
Q: Do I need to apply for deemed rehabilitation?
No. If you meet the criteria, it’s automatic. However, you should bring documentation proving eligibility and ideally obtain a Legal Opinion Letter from a Canadian attorney.
Q: What if my DUI happened in 2019?
You can never be deemed rehabilitated automatically. You’ll need Criminal Rehabilitation (after 5 years from sentence completion) or a TRP for each trip.
Q: Can I enter Canada if it’s been exactly 10 years to the day?
Technically yes, but immigration attorneys recommend waiting a few extra days past the 10-year mark to ensure there’s no confusion about dates.
Q: What if I paid my fine in installments over 2 years?
The clock starts from your final payment date, not the first payment. If you finished probation in 2017 but made your last fine payment in 2018, your sentence completion date is 2018.
Q: My license was suspended for 1 year, but I never reinstated it because I moved to a city with good public transit. Does that matter?
Yes. The sentence completion date is when you were eligible to reinstate, not when you actually did. Check your court documents for the exact suspension end date.
Q: I have a DUI from 2010 and a shoplifting charge from 2012. Am I deemed rehabilitated?
No. You have two convictions, which disqualifies you from automatic deemed rehabilitation. You’ll need Criminal Rehabilitation covering both offenses.
Q: What happens if I’m denied at the border?
You’re turned back to the US, and a denial record is entered into Canadian immigration systems. This makes future entry more difficult and strengthens the case for obtaining a TRP or Criminal Rehabilitation before attempting entry again.
Q: Should I just try crossing without documentation and hope they don’t notice?
Absolutely not. CBSA has your criminal record. They already know. Showing up without proof of deemed rehabilitation eligibility significantly increases denial risk.
The Bottom Line
Yes, you can go to Canada with a DUI from 10 years ago—but only if you meet specific criteria:
- Your DUI occurred BEFORE December 18, 2018
- At least 10 years have passed since completing ALL sentence requirements
- You have only ONE DUI conviction (no other criminal history)
- Your DUI did not involve injury, death, or weapons
If all four conditions apply, you’re eligible for deemed rehabilitation. But don’t risk showing up at the border unprepared.
Gather court documents proving sentence completion dates, obtain proof of fine payments and probation completion, and strongly consider getting a Legal Opinion Letter from a Canadian immigration attorney ($1,500-$3,000) to maximize your chances of smooth entry.
If you don’t meet these criteria, consult with a Canadian immigration attorney about Temporary Resident Permits (for urgent trips) or Criminal Rehabilitation (for permanent access).
The investment in proper preparation is far less than the cost of being denied entry when you need to cross the border most.
Official Resources:
- Immigration, Refugees and Citizenship Canada (IRCC): www.canada.ca/en/immigration-refugees-citizenship
- Canadian Border Services Agency: www.cbsa-asfc.gc.ca
- Deemed Rehabilitation Information: canada.ca/deemed-rehabilitation
- Criminal Rehabilitation Applications: canada.ca/criminal-rehabilitation
- Temporary Resident Permits: canada.ca/temporary-resident-permit
Legal Assistance: Consult with Canadian immigration attorneys who specialize in criminal inadmissibility and deemed rehabilitation cases. Many offer free initial consultations to assess your eligibility and timeline.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Canadian immigration law is complex and highly fact-specific. Entry decisions are made by Canadian Border Services Agency officers on a case-by-case basis. Deemed rehabilitation eligibility requires meeting strict criteria, and interpretation can vary. Consult with a qualified Canadian immigration attorney for personalized guidance regarding your specific situation before attempting to enter Canada with a DUI conviction.
About the Author
Sarah Klein, JD, is a former criminal defense attorney with hands-on experience in cases involving DUIs, petty theft, assault, and false accusations. Through All About Lawyer, she now helps readers understand their legal rights, the criminal justice process, and how to protect themselves when facing charges.
Read more about Sarah