Can I travel to the US if I get a criminal record?

By Last Updated: March 16, 2022

Criminal convictions for certain offences will affect your ability to travel to the US. The offences which will result in your exclusion from the US are commonly known as crimes of moral turpitude, and include murder, manslaughter, sexual assault, theft, bribery, forgery, aggravated assault, prostitution and fraud. An allegation of, or conviction for, possession of or trafficking in a controlled substance, involvement with terrorism, human trafficking or money laundering, may also result in your exclusion.

Offences which will not result in your exclusion from the US include impaired driving, breaking and entering, disorderly conduct, and common assault. Multiple convictions for offences not considered to be crimes of moral turpitude may also result in exclusion from the US. If you have a criminal record which may result in your exclusion from the US, you can apply for a temporary waiver in advance that may allow you to travel to the US, which our office can help you with. For more information about admission to the US and criminal records, consult the US Customs and Border Protection website:

https://help.cbp.gov/app/answers/detail/a_id/760/~/entry-into-the-u.s.—canadian-with-criminal-record-or-overstay,-waiver

If you are concerned about the impact that a criminal record may have on your ability to travel to the US, 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.

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About The Author

Michael Oykhman

Managing Partner

Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

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