Who Qualifies for Criminal Rehabilitation

Can I enter Canada with a Criminal Record

If you have tried to enter Canada and unfortunately were denied entry, there are many different reasons why this may have happened. Specifically, if the reason for denied entry has to do with any previous criminality attached to you, then you would then be classified as inadmissible. Thankfully, with the Criminal Rehabilitation application, it removes the grounds of criminal inadmissibility indefinitely. Of course, the rehabilitation would become null and void if you were to incur other criminal offences in the future. With obtaining criminal rehabilitation, you are proving to the Canadian government that you embody a stable lifestyle and, most importantly, that you are unlikely to be involved in any further criminal behavior or activity.

How to Qualify for Criminal Rehabilitation

You can only qualify for criminal rehabilitation if you were deemed inadmissible to Canada for criminality activity. You are qualified to apply for rehabilitation if you have committed an offence outside of Canada and 5 years have elapsed since the act or have been convicted outside of Canada and 5 years have passed since the end of the sentence imposed. Keep in mind, criminal activity also includes both minor and serious crimes. For instance:

Theft
Assault
Manslaughter
Dangerous driving
Driving while under the influence of drugs or alcohol
Possession of or trafficking in drugs or controlled substances

Who needs to Apply for Criminal Rehabilitation

Examples of Scenarios that Require Rehabilitation: Please note that the type of offence you commit will determine the length of your rehabilitation. For instance: If you were convicted of an offence outside of Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than 10 years:

You are deemed rehabilitated: at least 10 years after completion of the sentence imposed.
You are eligible to apply for rehabilitation: 5 years after completion of the sentence imposed.

If you committed an offence outside of Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than 10 years:

You are deemed rehabilitated: at least 10 years after commission of the offence.
You are eligible to apply for rehabilitation: 5 years after commission of the offence.

If you were convicted of an offence or you committed an offence outside of Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of 10 years or more:

You are deemed rehabilitated: not applicable.
You are eligible to apply for rehabilitation: 5 years after completion of the sentence or commission of the offence.

If you were convicted of 2 or more offences outside of Canada that, if committed in Canada, would constitute summary conviction offences:

You are deemed rehabilitated: at least 5 years after the sentences imposed were served or to be served.
You are eligible to apply for rehabilitation: not applicable.

It is important to know that to be deemed as rehabilitated, one must not have committed or been convicted of any other indictable offence. An indictable offence is defined as an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury. Similarly, if you are an American citizen or live in the U.S., a crime of similar severity and rules would be referred to as a felony, which also requires an indictment.

How to Calculate the 5 Year Waiting Period

The following scenarios explain how to determine the eligibility date for the 5 year waiting period for several different types of sentences:

Suspended Sentence: Count 5 years from the date of sentencing.
Suspended Sentence with a Fine: Count 5 years from the date the fine was paid.

*Note that in the case that there were varying payment dates, the rehabilitation period would start on the date of the last payment.

Imprisonment Without Parole: Count 5 years from the end of the term of imprisonment.
Imprisonment & Parole: Count 5 years from the completion of parole.
Probation: Probation is a part of the sentence. Therefore, count 5 years from the end of the probation period.
Driving Prohibition: Count 5 years from the end date of the prohibition. This means that you are prohibited by the Criminal Court from driving and operating a vehicle.

Examples of Calculating the 5 Year Period

I was convicted of driving under the influence of alcohol on July 30, 2004. My driver’s license was taken away from me for 3 years. When will I be eligible to apply for rehabilitation?

The sentence imposed ends on July 30, 2007. Count 5 years from the end date of the suspension or the date your driver’s license is reinstated. You will be eligible to apply for rehabilitation on July 30, 2012.

I was convicted of a crime on November 24, 2009, and received a jail sentence of 3 months. When will I be eligible to apply for rehabilitation?

You can apply for rehabilitation 5 years after the end of the sentence imposed. Therefore, if your 3 month jail sentence ended February 24, 2010, you will be eligible to apply for your rehabilitation on February 24, 2015, as long as no other terms were imposed on your sentence.

I have one conviction for which I was given 3 years of probation. Am I able to apply for rehabilitation after my probation is finished?

Unfortunately, you are unable and ineligible to apply for rehabilitation after your probation is finished. You must count 5 years from the end of the sentence imposed. Since the probation is a part of the imposed sentence, you may be able to apply for rehabilitation 5 years after you complete your probation.

Contact Akrami & Associates

If you are interested in getting the process started, in order for you to enter Canada, without any inadmissibility issues due to criminal activity, Akrami & Associates would be more than happy to help you. We are a group of highly skilled professionals that have had experience with these specific cases. Feel free to contact our office at 416-477-2545 for more information or if you want to book a consultation with an immigration professional for more advice.With Akrami & Associates, there is always a way!

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