Who Qualifies for Criminal Rehabilitation
Can I enter Canada with a Criminal RecordIf 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 RehabilitationYou 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:
- 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 RehabilitationExamples 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.
- 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.
- 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.
- 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.
How to Calculate the 5 Year Waiting PeriodThe 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.
- 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.
- 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?
- 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?
- 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?
Contact Akrami & AssociatesIf 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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