Some American travelers assume Canadian immigration authorities will be unaware of a prior misdemeanor DUI conviction in the United States, especially one dating back many years. This assumption is a mistake, as Canadian authorities have access to criminal records in the United States. Anyone attempting to enter Canada with a DUI on their record could easily find themselves refused entry to Canada.
Regardless of your reason for traveling to Canada, it is important to address any criminal history before approaching a Canadian port of entry. Understanding that Canadian authorities can access your criminal record from Canada is important, as is relying on the guidance of an experienced licensed Canadian immigration consultant or lawyer.
Canada’s Access to U.S. Criminal Records
How does Canada know if you have a DUI? The answer: Canada and the United States have a long-standing agreement to share criminal information across borders. Increasingly since September 11th, 2001, Canada and the United States have expanded security cooperation, including the sharing of state and federal criminal records. Canadian border agents can access a variety of U.S. databases to check for past offenses, including DUIs. One of the main resources used is the Canadian Police Information Centre, which is linked to other U.S. law enforcement systems.
When a passport is scanned at the border, more than just identity is verified. Information associated with a passport can reveal prior arrests, convictions, immigration refusals and even notes of concern left by previous immigration officers. If your DUI resulted in an arrest, charge, or conviction that was entered into any state or federal database, there is a strong chance Canadian authorities will know. This includes records from state departments of motor vehicles, public safety departments and court systems, especially when a criminal infraction is involved.
Even DUIs which were dismissed, deferred, or expunged can still raise red flags when entering Canada. Canadian immigration authorities focus on the circumstances and facts surrounding a given offense, regardless of how a matter was adjudicated under U.S. law. For example, a case that was “sealed” in your home state may still be visible to Canadian officials.
In short, Canada has immediate and direct access to many U.S. criminal record systems. Canada Border Services Agents use this information to assess criminal inadmissibility for everyone traveling to Canada from the United States. If you have a DUI on your record, it is wise to assume they’ll know about it. Criminal issues should be addressed before proceeding to a Canadian port of entry.
What Happens at the Border
When you arrive at a Canadian port of entry, immigration agents will first check your passport against multiple databases, including U.S., UK, and EU criminal record systems. It is the responsibility of all foreign nationals to declare any prior criminal convictions to Canadian immigration authorities.
Border officers have access to a vast amount of criminal records, but have no obligation to disclose their knowledge of your DUI. They may test your honesty and you could be denied entry to Canada if you are directly asked about your criminal history and omit important information. Misrepresenting a DUI may also result in a red flag on your immigration file, making future travel to Canada even more difficult.
If a DUI is detected when entering Canada and no action has been taken to resolve your inadmissibility, you will be deemed criminally inadmissible. Whether or not your important travel plans are time-sensitive, Canadian immigration officials have full discretion to refuse you.
How Does Canada Know If You Have a DUI? Learn More About Your Legal Options
If you are concerned about your ability to enter Canada due to a DUI conviction on your record, we invite you to understand your options. Reach out right away to learn how we can help resolve your criminal inadmissibility and avoid issues when travelling to Canada.