The short version: a DUI from New York can make you inadmissible to Canada. Since December 18, 2018, Canada treats impaired driving as serious criminality. Depending on when the offence happened and how much time has passed, options may include rehabilitation or a temporary resident permit (TRP). Border officers make the final decision.
Why does a New York DUI matter at the Canadian border?
Canada's Immigration and Refugee Protection Act looks at what your offence would be under Canadian law. On December 18, 2018, the maximum penalty for most impaired driving offences in Canada rose from 5 to 10 years, which makes them "serious criminality" for immigration purposes. IRCC says that if you've been convicted of driving while impaired, including by cannabis, you may be inadmissible to Canada.
Why it matters: many travellers from New York cross at Buffalo–Niagara and Champlain–Lacolle. Finding out before the trip is far easier than at the booth.
What if my DUI was before December 18, 2018?
IRCC says it decides admissibility for older offences based on the penalties in force at the time. You may be found inadmissible for "criminality" rather than "serious criminality" (unless you received a prison sentence in Canada of more than 6 months), and you may be eligible for deemed rehabilitation if at least 10 years have passed since you completed your sentence. For offences after that date, the 10-year maximum generally means deemed rehabilitation isn't available.
What are my options?
- Individual rehabilitation: you can apply once at least 5 years have passed since you finished your whole sentence, including probation. IRCC's fees are $246.25 (criminality) and $1,231 (serious criminality). Processing can take over a year, and fees aren't refundable.
- Temporary resident permit (TRP): for a compelling reason to enter Canada temporarily, at an officer's discretion. The fee is $246.25. IRCC's one-time TRP fee waiver does not apply to serious criminality, which includes impaired driving.
- Even with a valid TRP, IRCC says border services officers can refuse you entry. There is no guarantee.
You can apply to IRCC directly; you don't have to use a paid service.
Where do New York residents get their records?
IRCC's rehabilitation guide asks for complete details of all charges, convictions and court dispositions. New York residents usually start with:
- State record: New York DCJS Record Review (fingerprint-based, through IdentoGO; a fee waiver may be available) (official page)
- Court records: a Certificate of Disposition from the court that handled your case (official page)
- Federal and other police certificates: check IRCC's current document checklist for your application type before you order anything.
Quick FAQ
Can I enter Canada with one New York DUI from many years ago?
Possibly. If it happened before December 18, 2018 and at least 10 years have passed since you completed the sentence, you may be deemed rehabilitated. Officers decide.
Does a DUI expungement or reduction in New York solve it?
Not automatically. Canada looks at the underlying conviction and its own law; ask about your specific situation before you travel.
How much does a TRP cost?
IRCC's fee is $246.25 per person (as of December 1, 2025).
Who decides if I can enter?
Canadian border services officers at the port of entry, and IRCC officers for applications. No one can guarantee entry.
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Record Support Canada is an independent educational and referral resource provided by Federal Pardons And Waiver Services. It is not affiliated with any government. This page is general information, not legal advice. No outcome, timeline or approval is guaranteed.
Sources
- IRCC: Impaired driving
- IRCC: Overcome criminal convictions
- IRCC Guide 5312: Rehabilitation
- IRCC: Temporary resident permits
- IRCC fee list
- IRCC Help Centre
- New York state record source
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