Can I Go To Canada With A DUI On My Record?
In the United States a DUI conviction is considered a fairly minor offense, and is designated as misdemeanor crime. There are three levels of severity in the US for criminal activity: infraction, misdemeanor, and felony. The severity of the crime is determined by the maximum imprisonment time allowed under statute. If less then one year then the crime is a misdemeanor, and if more then one year then the crime is a felony. Thus, in America a DUI is not considered that serious of a crime. The maximum penalties for a first time DUI offense in the US is a $1,000, plus the possibility of $2,500 in penalty assessments, a six-month license suspension and six months imprisonment in county jail.
Canada, however, views a DUI conviction (or "Impaired Driving" as they call it there) much more seriously. Although, they do not categorize crimes the way America does (infraction, misdemeanor, felony), the maximum penalties for a DUI in Canada are much more serious than in the US. The maximum imprisonment time for a DUI conviction in Canada is 18 months - 5 years. Thus, Canada views a DUI conviction the same way the US views a felony conviction. Consequently, Canada will often not allow entry to individuals who have a DUI conviction on their record. But, there is hope for California residents who have had a DUI conviction, as they can expunge the DUI under California, which will allow you to travel to Canada.
Canada, however, views a DUI conviction (or "Impaired Driving" as they call it there) much more seriously. Although, they do not categorize crimes the way America does (infraction, misdemeanor, felony), the maximum penalties for a DUI in Canada are much more serious than in the US. The maximum imprisonment time for a DUI conviction in Canada is 18 months - 5 years. Thus, Canada views a DUI conviction the same way the US views a felony conviction. Consequently, Canada will often not allow entry to individuals who have a DUI conviction on their record. But, there is hope for California residents who have had a DUI conviction, as they can expunge the DUI under California, which will allow you to travel to Canada.
Entry into Canada can be very difficult if you have a DUI conviction on your record. But getting it expunged often will allow you to enter the Country.
If I Expunge My DUI Can I Go To Canada?
The short answer is, YES. Fortunately the Canadian government does honor and respect California expungement law. Thus, if you get your DUI conviction expunged, you will typically be able to cross the border into Canada. It is a good idea to wait at least 30-60 days after expungement before you attempt to cross the border. It is also a good idea to bring along a copy of the signed expungement order from the court to show to the Canadian officials at the border.
How To Expunge A DUI Conviction To Travel To Canada?
Luckily there are laws in California that allow you to set aside and dismiss (expunge) your DUI conviction. Penal Code 1203.4 allows you to petition the court where the conviction occurred to have the conviction expunged. To be eligible for DUI expungement you must have completed your probationary term, and all of your sentence requirements (NOTE: If you have not yet completed your probationary term, then we may be able to motion the court to have your probation terminated early). The DUI expungement process in most courts only takes around 6-12 weeks. It is advisable that you hire an attorney to help you with this legal process, as it can often be confusing and difficult to do on your own. Once the Judge grants the expungmeent, it will usually take up to 30 days for the Department of Justice (DOJ) to update your official criminal record with the case disposition.
How Long Will It Take To Expunge My DUI?
Typically people start researching expunging their DUI when they have a upcoming trip to Canada in the near future. We get a lot of phone calls from people that need to expunge their DUI within a couple of weeks so that they can cross the border. Unfortunately, the process typically takes 6-12 weeks in most California counties. However, this process can be expedited in a majority of the counties, taking the processing time down to just 18-35 days. You can reach out to us for a time estimate on your DUI expungement. If you are crunched for time and will not be able to complete the DUI expungement process before traveling to Canada you can contact the Canada Border Services Agency.
Website: Canada Border Services Agency
Website: Canada Border Services Agency
