The Requirements for Criminal Rehabilitation
There are certain requirements that must be fulfilled to obtain criminal rehabilitation. These include:
- The criminal offence you committed must fall under the Criminal Code of Canada or the federal statute
- The amount of time required based on your offence must have been passed
Completing criminal rehabilitation will ensure that you won’t be denied entry into Canada because of your criminal inadmissibility. Once you have completed criminal rehabilitation and want to go to Canada temporarily on a temporary resident visa you will need to show certain documentation as listed below:
- Identification proof (i.e. of citizenship, of birth, etc.)
- Clearance of your criminal inadmissibility
- Your criminal record
Listed below is the amount of time you can be deemed rehabilitated or to apply for rehabilitation:
| Offence | Length | Deemed Rehabilitated? | Apply for Rehabilitation? |
| Indictable Offence | >10 years | No | After 5 years |
| Indictable Offence | <10 years | After 10 years | After 5 years |
| Summary offence | —— | —– | recommended |
| 2 Summary Offences | —— | —— | recommended |
If you had a suspended sentence, then it would be five years from which the sentence was laid, but if it was with a fine then it would be five years from which the fine is paid. If there was probation then it would be 5 years from the probation period.
You can be denied entry even if you are deemed rehabilitated. It is advisable you obtain a letter from a legal adviser and show it to the border officer.
When the officer is reviewing your application, they will assess the need vs risk. If they feel you will commit another offence, they will reject your application.
Contact Akrami & Associates
Please contact us today at 416-477-2545 so that we can go over your matter and advice accordingly.