Can You Travel to the US with a Criminal Record from Canada? (2026)

Can You Travel to the US with a Criminal Record from Canada?

Millions of Canadians cross the US border every year. For those with a criminal record, the border crossing can be stressful and uncertain. This guide explains exactly what US border agents can see, which offences cause problems, and what your options are.

Can US Border Agents See My Canadian Criminal Record?

Yes. US Customs and Border Protection (CBP) has access to the RCMP's Canadian Police Information Centre (CPIC) database through information-sharing agreements between the US and Canada. When you present your passport or NEXUS card at the US border, CBP officers can query CPIC and see:

• Criminal convictions: recorded on CPIC
• Outstanding warrants:
• Judicial orders: (probation, conditional sentences)

This access has been in place for decades and was strengthened under the Beyond the Border agreement and subsequent bilateral data-sharing protocols.

What CBP Cannot See

• Pardoned (record-suspended) convictions: : These are sealed on CPIC. However, see the important caveat below about US immigration law.
• Withdrawn or dismissed charges: : Not on CPIC
• Absolute discharges: : Removed from CPIC after 1 year
• Conditional discharges: : Removed from CPIC after 3 years
• Provincial offences: : Traffic tickets, bylaw infractions — not on CPIC
• Youth records: : Protected under the Youth Criminal Justice Act

Which Criminal Offences Affect US Travel?

US immigration law uses the concept of crimes involving moral turpitude (CIMT) and controlled substance violations as grounds for inadmissibility.

Offences That Commonly Cause Issues

DUI and US Border Entry

Since December 2018, when Canada reclassified impaired driving as a hybrid offence (potentially indictable), the US has treated Canadian DUI convictions more seriously. Prior to this change, DUI was a summary conviction offence in Canada and did not typically trigger US inadmissibility. Now, CBP officers routinely flag DUI convictions and may deny entry.

Offences That Generally Do Not Cause Issues

• Traffic violations: (speeding, running red lights — provincial offences, not on CPIC)
• Minor cannabis possession: (if charge was withdrawn, discharged, or pardoned under the Cannabis Record Suspension program)
• Regulatory offences: (bylaw violations, provincial regulatory matters)

Does a Canadian Pardon (Record Suspension) Help?

For Canadian purposes: Yes. A record suspension seals your record on CPIC, and Canadian employers conducting background checks will not see it.

For US border purposes: Not necessarily. Here is the critical distinction:

• When your record is suspended, it is **sealed on CPIC**. CBP should not be able to see it through standard CPIC queries.
• However: , if CBP previously recorded your conviction in their own database (e.g., from a prior border interaction, fingerprinting, or information share), that record **remains in the US system** even after your Canadian pardon.
• US immigration law does not recognize Canadian pardons as eliminating the underlying conduct. The US can still consider you inadmissible based on the original offence, even if Canada has pardoned it.

Bottom line: A Canadian record suspension is necessary but may not be sufficient for trouble-free US entry if CBP already has a record of your conviction.

US Entry Waiver (I-192)

If you have been or expect to be denied entry to the US due to a criminal record, you can apply for a US Entry Waiver (Form I-192, Application for Advance Permission to Enter as a Nonimmigrant).

Key Details

• Cost: : $585 USD (non-refundable application fee)
• Processing time: : 6–12 months (sometimes longer)
• Validity: : Typically granted for 1–5 years
• Renewable: : Yes, you can reapply before expiration
• Where to apply: : At a US port of entry or preclearance facility, or by mail to the Admissibility Review Office

Application Requirements

1. Completed I-192 form
2. Certified criminal record check from Canada (RCMP fingerprint-based check)
3. Court documents for all convictions
4. Evidence of rehabilitation (employment, community ties, character references)
5. Passport photos
6. $585 USD fee

When to Apply

• Before you travel: : Do not attempt to cross the US border without a waiver if you have been previously denied. Repeated denials can make future waiver applications more difficult.
• Allow processing time: : 6–12 months is typical. Apply well in advance of any planned travel.

Practical Tips for Crossing the US Border

If You Have a Criminal Record

1. **Know your record**: Get a criminal record check through [SafeHire.ca](https://www.safehire.ca) to confirm exactly what appears on CPIC ($64.99, results in 15 minutes)
2. **Be honest**: If asked about criminal history, answer truthfully. Lying to a US border officer is a federal offence and can result in a permanent ban
3. **Carry documentation**: If you have a record suspension, carry the PBC documentation. If you have a US Entry Waiver, carry the original
4. **Apply for a record suspension first**: Even though it may not solve the US entry issue entirely, having a sealed CPIC record is the necessary first step
5. **Consider a US Entry Waiver**: If you have a conviction that triggers inadmissibility, the waiver is the only reliable path

If You Have Been Denied Entry Before

• Do not attempt to cross at a different port of entry — your denial is recorded in the US system
• Apply for a US Entry Waiver before attempting again
• Consult with an immigration lawyer who specializes in US admissibility

NEXUS and Criminal Records

If you have a criminal record, you are not eligible for the NEXUS trusted traveller program. An existing NEXUS membership can be revoked if a criminal conviction is recorded. After receiving a record suspension, you may be able to apply for NEXUS, but approval is not guaranteed.

Frequently Asked Questions

Will a DUI stop me from entering the US?

Since December 2018, a Canadian DUI conviction (now a hybrid offence) can make you inadmissible to the US. CBP officers have discretion, and some may allow entry while others deny it. The safest approach is to obtain a record suspension and/or a US Entry Waiver. See: Will a DUI Show on a Background Check?

Can I enter the US with a shoplifting conviction?

Shoplifting (theft under $5,000) is considered a crime involving moral turpitude under US immigration law, which can make you inadmissible. A single conviction may qualify for the "petty offense exception" if the maximum possible sentence was less than one year and the actual sentence was less than 6 months. Consult with an immigration lawyer. See: Will Shoplifting Show on a Background Check?

If my charges were withdrawn, can I still enter the US?

Generally, yes. Withdrawn charges are not on CPIC, so CBP should not see them through standard database checks. However, if you were fingerprinted at the time of arrest, there may be a record of the arrest in the RCMP fingerprint database. See: Will Withdrawn Charges Show on a Background Check?

Does a Canadian pardon clear me for US travel?

Not automatically. A Canadian record suspension seals your CPIC record, but the US does not recognize Canadian pardons for immigration purposes. If CBP has a prior record of your conviction, they can still deny entry. A US Entry Waiver may be needed.

Can I fly over US airspace with a criminal record?

Yes. Flying over US airspace (e.g., on a flight from Canada to Mexico that crosses US territory) does not constitute entering the US and does not trigger admissibility checks.

How much does a US Entry Waiver cost?

$585 USD (non-refundable). Processing takes 6–12 months. The waiver is typically valid for 1–5 years and can be renewed.

Can I drive through the US to get to another Canadian province?

Driving through the US (e.g., from Ontario to Manitoba via Minnesota) requires entering the US and is subject to the same admissibility rules. If you have a criminal record that triggers inadmissibility, you would need a US Entry Waiver even for transit.