Criminal Inadmissibility / Application for Rehabilitation
Criminal Inadmissibility
For charges withdrawn or dismissed:
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If the offence occurred in Canada, you are not inadmissible.
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If the offence occurred outside Canada, you may be inadmissible.
For an absolute or conditional discharge:
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If the offence occurred in Canada, you are not inadmissible.
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If the offence occurred outside Canada, you may be inadmissible.
Pardon granted:
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If the offence occurred in Canada, you are not inadmissible if you were pardoned under the Criminal Records Act in Canada.
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If the offence occurred outside Canada, you may be inadmissible.
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If you may be inadmissible, you must provide an officer with complete details of all charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.
Overcoming Criminal Inadmissibility
Convictions / Offences Outside Canada
If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility
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by applying for rehabilitation, or
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you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.
If the offence is one that would, in Canada, be prosecuted summarily, and if you were convicted for two (2) or more such offences, the period for rehabilitation is at least five (5) years after the sentences imposed were served or are to be served.
Convictions / Offences in Canada
If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before you will be admissible to Canada.
If you have had two (2) or more summary convictions in Canada, you may no longer be inadmissible if:
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at least five (5) years have passed since all sentences imposed were served or to be served, and
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you have had no other convictions.
Convictions in Canada and convictions or offences outside of Canada
If you have convictions in Canada and convictions or offences outside of Canada, both an approval of rehabilitation and a pardon are required to overcome your inadmissibility.
Rehabilitation
Eligibility for Rehabilitation:
If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
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You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
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You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.
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If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:
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You are deemed rehabilitated: at least ten years after commission of the offence.
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You are eligible to apply for rehabilitation: five (5) years after commission of the offence.
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If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:
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You are deemed rehabilitated: not applicable.
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You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.
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If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:
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You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
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You are eligible to apply for rehabilitation: not applicable.
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To be deemed rehabilitated, the person must not have committed or been convicted of any other indictable offence.
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If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before you will be admissible to Canada.