Can you go to Canada with an open case?

Asked by: Addison Brekke  |  Last update: August 30, 2025
Score: 4.4/5 (25 votes)

Consequently, foreign nationals with a trial under way, charges pending against them, or a warrant out for their arrest may be criminally inadmissible to Canada, and border officials can treat them similar to if they already had a conviction which means they may be denied entry to Canada.

Can I travel to Canada with an open case?

Entering Canada After Being Arrested

For this reason, people who are awaiting trial for a crime that could render them inadmissible likely need a Temporary Resident Permit in order to visit Canada even though they have not yet been convicted.

What convictions stop entry to Canada?

Why you could be found inadmissible
  • war crimes.
  • crimes against humanity.
  • being a senior official in a government engaged in gross human rights violations or subject to international sanctions.

Can you go to Canada with a pending case?

Pending Charges Travelling to Canada with pending charges is possible, but you must present evidence that you are fighting the charges. Without this, you could be denied entry if they have reason to believe you committed a crime, even though you haven't been convicted.

What can stop you from entering Canada?

There are different reasons you may not be let into Canada, such as security, criminal, or medical reasons. Normally, if you're inadmissible to Canada, you won't be allowed to enter the country.

The Countries I can (and can't) travel to with a Criminal Record

18 related questions found

Why would you be denied entry into Canada?

There are different reasons we may not let you into Canada, such as security, criminal or medical reasons.

Can I go to Canada if I have a felony?

If a felon gets approved for a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR), they can be allowed in Canada. Otherwise, if an American citizen has a criminal record that renders them inadmissible, they will usually not be allowed to visit even if they do not have any recent arrests.

Can you travel with an open case?

Your attorney can file a motion for you and petition the court to allow you to travel whether for work purposes or if you had a vacation planned out for a while.

Can I travel to Canada with a dismissed case?

Is Entering Canada with a Dismissed Charge Possible? Although having a case dismissed might appear to resolve your inadmissibility status, it does not guarantee automatic entry into Canada. The Canadian immigration authorities carefully assess the criminal histories of all applicants during the screening process.

How far back does Canada check background?

Understanding Border Checks

Canadian border officials can access criminal record databases from the USA. This means there is no limit to how far back they can look when assessing a traveler's background.

How long after a misdemeanor can you go to Canada?

How Many Years After Arrest Can You Go Back to Canada? After ten years from the date you completed your full sentence including probation, you may be eligible to return to Canada if you only have a single misdemeanor conviction that is not considered a serious crime in Canada.

How do you know if you are flagged by customs?

Extended questioning can be a sign that you've been flagged for further inspection. Secondary Inspection: If you're directed to secondary inspection upon arrival at a U.S. port of entry, it could indicate that you've been flagged for additional scrutiny.

What criminal records are not allowed in Canada?

Almost all convictions (including DUI, DWI, reckless driving, negligent driving, misdemeanor drug possession, all felonies, shoplifting, theft, etc.) make a person inadmissible to Canada, regardless of how long ago they occurred.

What charges make you inadmissible to Canada?

Crimes That Can Make You Inadmissible to Canada
  • DUI (including DWI, DWAI, reckless driving, etc.)
  • theft.
  • drug trafficking.
  • drug possession.
  • weapons violations.
  • assault.
  • probation violations.
  • domestic violence.

Can you leave the country with a open case?

Courts often order the person to obtain specific permission if they want to leave a specified area, and in most cases will not allow any travel abroad prior to the resolution of the case. In more serious cases, a person's passport will be seized by the Court.

Does Canada do a background check border?

Canadian border agents have full access to U.S. criminal records, including FBI background checks, so they are likely to flag anyone with an arrest or a felony charge.

What will Canada deny entry for?

Also, offenses such as shoplifting, theft, possession of illegal substances, and unauthorized possession of a firearm will trigger inadmissible status. Felony criminal convictions will also create an inadmissible status. Canada regards DUI/DWI as extremely serious offenses.

Can I be deported if my case was dismissed?

For many asylum seekers in immigration court, it can be good news that your case was dismissed. It means that the government is no longer trying to deport you and they are ending your case in immigration court.

Who is considered inadmissible to Canada?

You could be considered criminally inadmissible if Canada would consider your crime an “indictable offence,” which generally refers to a more serious crime. In the U.S. it is comparable to a felony. If you have two non-indictable offences from separate acts, you may also be inadmissible.

What is considered an open case?

Open case: A case that has one or more issues outstanding that require active resolution by the court. OPN-CPSOpen case in INT/INVWhen an Open case is found involving an OPN-CPS the intake report is merged to the OPN-CPS case and primary responsibility for the report is assigned to the district where the case is open.

Can you leave the state with an open felony case?

You must remain in the state where you have the pending felony charge until the court allows you to leave the state. Some courts require that the accused remain in the state until the conclusion of the trial and the person is found innocent, at which time they may leave the state.

Can you travel with an open warrant?

In the United States, both arrest warrants or individuals with arrest warrants are typically unable to fly, as the TSA can access a database of such individuals. However, rules may differ in other countries, like Canada, where flying with it might be possible.

Can I visit Canada if I have a misdemeanor?

Individuals with a single non-violent misdemeanor on their criminal record may be deemed rehabilitated, and thus eligible to enter Canada freely, once ten years have elapsed since the completion of all sentencing (including payment of fines, jail time, community service, and counseling).

Can a felon get a passport after 7 years?

For some crimes like drug trafficking, a 5-10 year waiting period may be required before getting a passport. This allows for a “cooling off” period to elapse. Other felony convictions don't have defined waiting periods. But typically, the longer it's been since finishing your sentence, the better chances of approval.

How to get a waiver to enter Canada?

This usually requires convincing reference letters from reputable persons with knowledge of the offense or offenses, and other evidence of the person's good character. The government will also consider the seriousness of the offenses and the reason the person needs to travel to Canada.