If you've been arrested in Seattle, even for something minor like a DUI or a misdemeanor assault, you may have lost the right to enter Canada without even knowing it. This isn't a future problem. It happened the moment you were charged. You only discover it when a Canadian border agent turns you away at Peace Arch, denying you entry to see family, attend a work meeting, or take that weekend trip to Whistler.

Canada has its own rules about who gets in, and understanding how Canadian immigration law views Washington State convictions is critical before you accept any plea agreement.

If you're facing charges and need to maintain access to Canada for work or family, contact our office before accepting any plea deal. We can help protect your ability to cross the border.

How Canada Views Washington State Crimes Differently

Washington State treats many offenses as relatively minor misdemeanors. A fourth-degree assault is a gross misdemeanor here. A first-time DUI in Washington is also a misdemeanor with options for alternative sentencing. But Canadian border officials don't operate under Washington State law. They use "equivalency" to compare your Washington charge to crimes in the Canadian Criminal Code.

Under this system, a Washington DUI translates to "impaired driving" in Canada, which is a serious criminal offense. A simple assault charge here can match "assault" under Canadian law, which is also considered serious criminality. Canada bars entry to anyone guilty of "serious criminality," defined as any offense that could result in a prison sentence of ten years or more under Canadian law. Even though your Washington misdemeanor might carry a maximum sentence of 90 days, the equivalent Canadian offense could carry a ten-year maximum. That difference makes you inadmissible.

Why Good Outcomes in Seattle Courts Can Still Affect Border Crossings

Seattle courts offer several options that help people avoid formal convictions. A Stipulated Order of Continuance (SOC) allows charges to be dismissed, as long as you complete conditions like treatment. A deferred prosecution keeps a DUI off your record if you finish a two-year program. These outcomes successfully resolve your Washington State case and are often the best available options.

Unfortunately, Canadian border officials have access to arrest records and charging documents through databases shared between U.S. and Canadian law enforcement. They can see that you were arrested and charged, even if the case was later dismissed. 

This creates an unexpected situation. Your case is resolved favorably in Washington State, and the charges are dismissed. But when you arrive at the Canadian border months later, the agents could pull up your arrest record and deny you entry. The dismissal doesn't erase the fact that you were charged with an offense that Canada considers serious criminality. This isn't a failure of the legal system. It's simply how two different countries apply their own immigration rules.

The Deemed Rehabilitation Timeline

Canada offers a path back to admissibility called "deemed rehabilitation," but the timeline is long. If you've been convicted of a single non-serious offense, you can be deemed rehabilitated ten years after completing your sentence. 

How do DUIs affect your ability to enter Canada? In December 2018, Canada changed its laws to classify impaired driving as “serious criminality.” This means that you’re likely facing a lifetime ban, and you will never be “deemed rehabilitated” by the passage of time. To enter Canada, you must submit a formal application for Individual Criminal Rehabilitation. 

If Canada views your crime as serious criminality or you have multiple offenses, you'll need to apply for individual rehabilitation. This formal application process requires extensive documentation and costs around $1,231 in Canadian government fees. And you can't apply until five years after completing your sentence.

Temporary Resident Permits: Your Short-Term Solution

If you need to enter Canada before you're eligible for rehabilitation, a Temporary Resident Permit (TRP) is your only option. You need to submit a detailed application explaining why you need entry, provide documentation about your criminal case, and show you've been rehabilitated. The application can take several months and can be issued for durations ranging from one day to three years.

If your Seattle attorney knows you need to maintain access to Canada, they can structure your plea agreement in ways that strengthen a future TRP application. This might mean pushing for specific language in court orders or avoiding certain types of plea deals that create additional complications.

Contact Our Seattle Criminal Defense Attorneys

The key to protecting your ability to enter Canada is addressing the issue before your criminal case is resolved. Once you've accepted a plea deal, your options become limited and expensive. 

Facing criminal charges and need to protect your ability to cross into Canada? Contact our Seattle office today. We work with immigration law experts to structure defense strategies that address both your criminal case and your future access to Canada.