I Had a DUI 5 Years Ago—Can I Go to Canada? You’re Halfway There, But Here’s What You Need Now
If you had a DUI 5 years ago, you cannot enter Canada freely yet—you’re still inadmissible and won’t qualify for automatic “deemed rehabilitation” until 10 years pass from completing your sentence. However, you just hit a critical milestone: you’re now eligible to apply for Criminal Rehabilitation, which provides permanent access to Canada. Alternatively, if you need to travel before Criminal Rehabilitation is approved, you can apply for a Temporary Resident Permit (TRP).
Here’s the frustrating reality: you’re exactly halfway through the waiting period. Five years feels like ancient history, but to Canadian immigration law, your DUI is still recent enough to bar entry. Thousands of Americans show up at the border assuming “it’s been 5 years, I’m fine,” only to be turned away and sent home. The good news? You finally have real options beyond just waiting.
Why a 5-Year-Old DUI Still Bars Entry
Canada’s deemed rehabilitation rule requires 10 years from completion of your ENTIRE sentence—not from your arrest or conviction date.
If your DUI happened in 2020 but probation didn’t end until 2022, you’re not eligible until 2032. You’re counting from when you finished probation, paid the last fine, and got your license reinstated—whichever came last.
A 5-year-old conviction puts you at the midpoint: too recent for deemed rehabilitation, but old enough to pursue permanent solutions.
Your Two Options Right Now
Option 1: Criminal Rehabilitation (Permanent Solution)
What It Is: A formal application that permanently removes your DUI inadmissibility. Once approved, you can travel to Canada anytime without restrictions—forever.
Eligibility: You can apply once 5 years have passed since completing ALL sentence requirements (jail, probation, fines, community service, license suspension, DUI classes).
Why Apply Now:
- Permanent approval—never expires
- No need for compelling travel reasons
- Freedom to cross the border anytime
- Better option than repeated TRPs
Cost:
- Government fee: $246-$1,231 CAD depending on offense classification
- Legal assistance: $2,500-$5,000+
Processing Time: 12-18 months through consulates
The Strategy: Many immigration attorneys recommend applying for both Criminal Rehabilitation AND a TRP simultaneously. The TRP gets you into Canada quickly while you wait for permanent approval. Much of the documentation overlaps, so costs are lower when filing both together.
Option 2: Temporary Resident Permit (Short-Term Solution)
What It Is: Temporary permission to enter Canada despite your DUI. Valid for specific trips or up to 3 years for multiple entries.
When to Use:
- Business trips with specific dates
- Family emergencies
- Important events you can’t postpone
- You need access before Criminal Rehabilitation is approved
Cost:
- Government fee: $200 CAD (~$145 USD)
- Legal assistance: $1,000-$3,500
Processing Time:
- Through consulate: 3-8 months
- At the border (emergency): same-day decision (risky)
Limitations:
- Temporary only—expires after validity period
- Need compelling travel reason
- Must reapply for future trips unless you get multi-entry TRP
How to Calculate Your Exact Timeline
Your sentence completion date is when you finished the LAST of these requirements:
- Jail time served
- Probation completed
- All fines paid in full
- Community service finished
- License fully reinstated
- DUI programs completed
- Ignition interlock device removed
- Any other court requirements satisfied
Example:
- Convicted: March 2020
- Sentenced: 2 days jail (time served), $1,500 fine, 3 years probation, 6-month license suspension
- Probation ended: March 2023 (last element completed)
- Criminal Rehabilitation eligible: March 2028 (5 years after probation)
- Deemed rehabilitation eligible: March 2033 (10 years after probation)
Most people’s probation is the final element that determines both timelines.
What Happens If You Try to Enter Without Documentation
Canadian Border Services Agency (CBSA) has instant FBI database access. They see your 5-year-old DUI the moment you hand over your passport.
Without a TRP or Criminal Rehabilitation approval, here’s what happens:
- Secondary inspection
- Questions about your conviction
- Denial of entry
- You’re turned back to the U.S.
- A permanent denial record is created in Canadian systems
That denial makes future entry harder and strengthens the need for Criminal Rehabilitation before trying again.
Required Documentation for Applications
For Criminal Rehabilitation:
- Certified court records (charges, conviction, sentencing)
- Proof of sentence completion (probation completion letter, fine receipts, license reinstatement)
- FBI background check
- Character references (employers, community leaders, clergy)
- Personal statement explaining rehabilitation
- Employment history
- Evidence of positive life changes since DUI
- Travel itinerary (if applicable)
For Temporary Resident Permit:
- Same documentation as above
- Detailed travel itinerary with specific dates
- Compelling reason for visit (business contract, family emergency, event invitation)
- Proof that visit is time-sensitive
When to Apply for Criminal Rehabilitation vs. Wait for Deemed Rehabilitation
Apply for Criminal Rehabilitation Now If:
- You travel to Canada frequently
- You need certainty for business or personal reasons
- You want permanent peace of mind
- You can afford the $2,500-$5,000+ legal fees
- You need access within the next 12-18 months
Wait for Deemed Rehabilitation If:
- You rarely visit Canada
- You can wait 5 more years
- You want to avoid application fees and legal costs
- You have patience and no urgent travel needs
The waiting approach saves money but means 5 more years of inadmissibility without documentation.
When Deemed Rehabilitation Won’t Apply (Even After 10 Years)
Your 5-year-old DUI will NEVER qualify for deemed rehabilitation if:
Multiple DUI Convictions: Two or more DUIs permanently disqualify you from automatic deemed rehabilitation—even 30 years later.
DUI After December 18, 2018: Bill C-46 reclassified DUI as serious criminality. Post-2018 DUIs never qualify for deemed rehabilitation.
DUI with Injury or Death: Causing bodily harm is serious criminality that requires Criminal Rehabilitation regardless of time passed.
In these cases, Criminal Rehabilitation is your ONLY permanent option.
Frequently Asked Questions
Q: It’s been exactly 5 years since my conviction. Can I apply for Criminal Rehabilitation?
Only if 5 years have passed since completing your ENTIRE sentence—not just since the conviction date. Most people’s probation extends beyond conviction, so calculate carefully.
Q: Should I apply for Criminal Rehabilitation or just get a TRP?
If you travel to Canada frequently or need long-term access, Criminal Rehabilitation is better. For one-time trips, a TRP may suffice. Many apply for both simultaneously.
Q: How long does Criminal Rehabilitation take?
Typically 12-18 months through consulates. An experienced immigration attorney may expedite in some cases.
Q: What if I need to go to Canada next month?
Apply for an emergency TRP at the border or through a consulate. Success isn’t guaranteed, but it’s your only option for immediate travel.
Q: Can I be denied Criminal Rehabilitation?
Yes. If you can’t demonstrate rehabilitation, have additional criminal history, or submit incomplete documentation, you may be denied.
Q: Will my expunged DUI still show up?
Yes. Canada doesn’t recognize U.S. expungement. They see expunged records in FBI databases and treat them as active convictions.
Q: What if it’s been 4 years and 11 months?
You must wait until exactly 5 years from sentence completion to apply for Criminal Rehabilitation. Apply too early and your application will be rejected.
Q: Is deemed rehabilitation automatic at 10 years?
For pre-December 2018 single DUIs, yes—but bring documentation proving eligibility. Border officers may not recognize it without proof.
The Bottom Line
No, you cannot enter Canada freely with a 5-year-old DUI. You’re still inadmissible for another 5 years before deemed rehabilitation eligibility.
But you just reached an important milestone: eligibility to apply for Criminal Rehabilitation, which permanently solves the problem.
Your options:
- Apply for Criminal Rehabilitation now ($2,500-$5,000+, 12-18 months, permanent solution)
- Get a Temporary Resident Permit ($1,000-$3,500, 3-8 months, temporary access)
- Apply for both simultaneously (TRP for quick access, Criminal Rehabilitation for permanent fix)
- Wait 5 more years for free deemed rehabilitation eligibility
Don’t risk showing up at the border unprepared. Consult with a Canadian immigration attorney to determine the best strategy for your situation, timeline, and travel needs
Official Resources:
- Immigration, Refugees and Citizenship Canada: www.canada.ca/en/immigration-refugees-citizenship
- Criminal Rehabilitation Applications: canada.ca/criminal-rehabilitation
- Temporary Resident Permits: canada.ca/temporary-resident-permit
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Entry decisions are made by Canadian Border Services Agency officers on a case-by-case basis. Consult with a qualified Canadian immigration attorney for personalized guidance regarding your specific situation.
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