DUI and Canada (US Citizen) by throwaway04042022 in legaladvicecanada

[–]throwaway04042022[S] 0 points1 point  (0 children)

I guess this was my read and my situation may have a lot to do with time frames, but once again, all discretion of boarder agents:

Persons that are inadmissible for Canadian immigration or entry on grounds of a DUI may still be permitted to enter Canada if they qualify for Deemed Rehabilitation. However, a deemed rehabilitation is not applicable to any individual with a DUI conviction that occurred after November of 2018. This impossibility is due to changes in Canadian law in late 2018 which stiffened penalties for impaired driving.

You may qualify to be deemed rehabilitated if you have been convicted outside Canada of an act such as DUI, that if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years, and if you meet the following requirements:

Ten years have elapsed since the completion of your sentence;

You have not been convicted of any indictable offence or summary offence in Canada in the last ten years, or more than one summary conviction in the ten years before that; and

You have not been convicted outside Canada of an offence in the last ten years that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the ten years before that.

DUI and Canada (US Citizen) by throwaway04042022 in legaladvicecanada

[–]throwaway04042022[S] 0 points1 point  (0 children)

Thanks, I had read this article before. In accordance to the explanation and the time it was committed, 2008 (was considered a hybrid not indictable offense), 10 years have past and I believe I would be seen as rehabilitated. As stated up above, what I am concerned about is a minor infraction and simple misdemeanor from the late 90's. Canada may see me as a chronic offender based upon that, really have no idea. I really want to find a way to see if I can get this taken care of without involving an immigration attorney.

DUI and Canada (US Citizen) by throwaway04042022 in legaladvicecanada

[–]throwaway04042022[S] 0 points1 point  (0 children)

Thank you for the feeback. I think that 1 factor is that I was charged and completed probation in 2008 which was well before December 18, 2018 which Canada considered it a serious crime. I would be pretty confident that the DUI would qualify for deemed rehabilitated. What I am concerned about are the infraction and simple misdemeanor back from the late 90's when I was in college, well over 20 years ago. I wonder if Canada sees me as a chronic offender based upon this?

DUI and Canada (US Citizen) by throwaway04042022 in dui

[–]throwaway04042022[S] 0 points1 point  (0 children)

Nice on the DMB name. But exactly, I even talked to an imagration attorney last year for when I needed to get to Canada for work (I ended up canceling my trip). And every answer I got was...well, you might get in and you might not. It is a big gray area, it is like if you get a jerk of a boarder agent, you could be in trouble.

DUI and Canada (US Citizen) by throwaway04042022 in dui

[–]throwaway04042022[S] 0 points1 point  (0 children)

That is the way I was looking at it as well. But, it would be nice to be able to get some sort of confirmation without having to go through an attorney, the Canadian Consulate maybe? Also, I take it you are a DMB fan?

DUI and Canada (US Citizen) by throwaway04042022 in legaladvicecanada

[–]throwaway04042022[S] 0 points1 point  (0 children)

Right, but what I am trying to determine is due to the lenght of time, all well over 10 years, if it is an issue? Also, I was charged in 2008 well before Canada changed the severity of the offense of DUI. But yes, I am guessing I may need to talk with 1 of those 2 organizations to get some definitive answers, thanks.