Can I be deported if I have criminal charges or get a criminal record?

By Last Updated: March 16, 2022

If you are a Canadian citizen you cannot be deported if you have criminal charges or get a criminal record.

If you are a foreign national or a permanent resident, criminal charges or a criminal record may result in your deportation.

If you are a foreign national or permanent resident and are charged with an offence, the police will submit a report to the Canada Broder Services Agency, who may conduct an admissibility hearing before the Immigration and Refugee Board (IRB).

The IRB may, at the conclusion of the hearing, issue a deportation order. Permanent Residents may be deported if convicted of a “serious crime,” meaning an offence where the maximum sentence is 10 years or more in prison, or if the actual sentence received is greater than six months in prison. A foreign national may be deported if convicted of a “serious crime,” a less serious crime, or two minor offences stemming from separate events.

If you are concerned about the impact that a criminal record may have on your immigration status, it is recommended that you speak with a criminal defence lawyer to explore the defences and options that may be available to avoid a criminal record.  It is further advisable for you to consult with an immigration lawyer regarding the impact any potential outcome to your charges may have on your status in Canada.

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About The Author

Michael Oykhman

Senior Criminal Lawyer

Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices in Calgary, Edmonton, Lethbridge, Toronto, and Victoria.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. In my legal career, I have appeared at all levels of court in Alberta, including at the Supreme Court of Canada.

I received my Bachelor of Arts in Psychology from the University of Calgary (2003) and my Bachelor of Laws (LLB) from the University of Calgary (2006).

Client Reviews

Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.

R.W.

Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.

Y.

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C.S.

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A.P.

Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.

N.B.
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