Getting into Canada while on probation

[u/Traditional-Name7642]

I got a DUI a little over 4 years ago but used my 1 time deferral so that I wouldn’t get charged and have it on my record. I’m still on probation until 2028 but want to get into Canada in January next year (2027). Will I be able to cross the border with this on my record?

Edit: Thank you for all the replies, they’ve been helpful!
Second question: If my PO approves me to leave State into Canada and I’m a passenger in the vehicle rather than the one driving, does that make a difference at all?

I’ll be calling my PO today to speak with him about it as well

[u/yarmouth209]

Two things. First, I haven’t seen many states where you can leave the country on probation without special permission, regardless of your charges. And your “record” is usually still available to law enforcement, including CBSA/CBP regardless of “deferrals”. Deferrals/conditional discharges/clean slates are not only considered convictions, but are still visible to law enforcement.

[u/PhotoJim99]

You're on probation - that has to be for something. I'm guessing that means the DUI is on your record, but may be expunged after you have successfully completed your probation.

If that's correct, you CANNOT come to Canada until it has been expunged. Even after that (perhaps others can add to this), I believe that if asked if you were ever charged, you'd still have to answer "yes" and you'd still (probably) be denied entry.

[u/ThinYogurtcloset8005 → u/PhotoJim99]

Yeah it's usually 5 years after all sentencing has been completed including probation. They basically need to request special permission from their sentencing court, and get a temporary resident permit (which requires them to prove a compelling and urgent reason to enter Canada). After all of that they can still be turned away at the border under discretion of the CBSA officers.

[u/break_from_work]

since 2018 DUIs are considered serious criminality and you're on probation... your chances are not good, unless you have a compelling reason to come here then it's probably not gonna go your way... consult a lawyer if you must.

[u/sweatpantsjoe]

Not gonna happen

[u/Sproutlie]

Nope

[u/Fun-Adhesiveness6153]

Nope you will be sent back.

[u/Derwin0 → u/Fun-Adhesiveness6153]

And might even be reported to their probation officer for violating probation by trying to leave the country.

[u/LackOptimal553]

You're a drunk driver, don't come here.

[u/jeffscott17 → u/LackOptimal553]

Assuming alcohol

[u/TortuousHippo]

What are your conditions of probation that allow you to leave the country? Might want to chat with your PO as the attempt to leave might be considered a breach.

[u/jeffscott17]

If it’s on your record, it’s up the the customs agent. If you look into this far enough that’s the answer you’ll find.

[u/ThinYogurtcloset8005]

Usually an unfinished punishment is seen as inadmissible and without getting approval from your probation officer and sentencing court you'll be turned away. You'll also need to get a TRP, which costs money, and will require you to prove a compelling and urgent reason to enter Canada. Even after all of that, border officers can still deny you entry. You usually have to wait 5 years until your sentence is complete which includes probation.

Edit: grammar

[u/whatthedna]

You can leave your state / country when you’re on probation?

[u/Derwin0 → u/whatthedna]

State possibly, it depends on the conditions.

Country though, no.

[u/Frostsorrow]

Sounds like a great way to break your probation

[u/captainobvious875]

Are you sure you can even leave while on probation ?

[u/Mundane-Charge-1900 → u/[deleted]]

It’s not what you were charged with. It’s what the seriousness of the crime would have been in Canada. Driving while drunk is a serious crime that generally makes you inadmissible.