Traveling to Canada With a Domestic Violence Conviction

A Michigan domestic violence conviction can make a person inadmissible to Canada, even for a short visit. Canada's immigration law bars a foreign national who was convicted outside Canada of an offense that, if committed in Canada, would be an indictable offense under an Act of Parliament.^[1] The bar need not be permanent: Canadian law provides deemed rehabilitation, individual rehabilitation and temporary resident permits.^[2][3][4]

This is Canadian law, applied by Canadian officers. This page reports what Canada's statute, regulation and government guidance say as of October 2026. It cannot predict how an officer will treat a particular Michigan record.

Why a Michigan misdemeanor can matter at the Canadian border

Canada does not ask whether Michigan called the offense a misdemeanor or a felony. Under section 36 of Canada's Immigration and Refugee Protection Act, the question is what the offense would be if it had been committed in Canada.^[1] The Act adds a rule that surprises many American travelers: an offense that may be prosecuted in Canada either summarily or by indictment, often called a hybrid offense, is deemed to be an indictable offense, even if it was prosecuted summarily.^[1]

Assault under section 266 of Canada's Criminal Code is a hybrid offense, punishable by up to five years when prosecuted by indictment.^[1] That is why a conviction for domestic assault, which Michigan treats as a 93-day misdemeanor on a first offense, can still make a person inadmissible for criminality.^[1][5] Whether a specific Michigan conviction is equivalent to a Canadian offense is decided by Canadian officials, so the accurate word is "can."

The Government of Canada's own guidance says the same thing in plainer terms: if you have committed or been convicted of a crime, you may not be allowed into Canada, and "this includes both minor and serious crimes," with assault listed among the examples.^[6]

Who decides, and when?

According to the Government of Canada, admissibility is first assessed when a person applies for a visa or an Electronic Travel Authorization, and a Canada border services officer or an immigration officer then decides whether the person can enter or transit through Canada on arrival at a port of entry.^[6]

Three ways past criminal inadmissibility

Route	When it is available	How it works
Deemed rehabilitation	At least 10 years since the day after the sentence was completed, for a single offense whose Canadian equivalent carries a maximum of less than 10 years[2]	The person has to convince an immigration officer that the legal terms are met[6]
Individual rehabilitation	At least five years since the end of the criminal sentence, including probation[3]	By application; the Minister or a delegate may grant it or not[3]
Temporary resident permit	Less than five years since the end of the sentence, or valid reasons to be in Canada[4]	An officer weighs the need to enter against the risks[4]

Deemed rehabilitation: the 10-year rule

Canada's Immigration and Refugee Protection Regulations treat a person as rehabilitated, without a formal application, when the person was convicted outside Canada of no more than one offense that would be indictable in Canada, the Canadian offense is punishable by a maximum term of imprisonment of less than 10 years, and at least 10 years have elapsed since the day after the completion of the imposed sentence.^[2] There must be no other disqualifying convictions.^[2]

The Government of Canada describes deemed rehabilitation as depending on the crime, on whether enough time has passed since the person finished serving the sentence, and on whether the person has committed more than one crime.^[6] Two points follow from the texts:

• The 10 years run from completion of the sentence, not from the date of the offense or the conviction.^[2] A sentence of probation that lasted two years moves the starting point two years later.
• The regulation's 10-year route is written for a single offense.^[2] A person with more than one conviction should not assume that the passage of time alone resolves the problem.

Individual rehabilitation: an application after five years

A person who is not yet deemed rehabilitated can apply. The Government of Canada states that "at least five years must have passed since: the end of your criminal sentence (this includes probation) and the day you committed the act that made you inadmissible."^[3] The decision is discretionary: the Minister or a delegate may decide to grant it or not.^[3]

A separate rehabilitation application carries a processing fee, and Canada warns that "these applications can take over a year to process," advising travelers to plan far enough in advance.^[3] The fee amount was not verified for this guide and is not stated here.

Temporary resident permit: for travel sooner

For someone who has to travel before five years have passed, or who has another valid reason, Canada may issue a temporary resident permit.^[4] An immigration or border services officer decides whether the person's need to enter or stay in Canada outweighs the health or safety risks to Canadian society.^[4] Canada's guidance is direct about the standard: "Even if the reason you are inadmissible seems minor, you must show that your visit is valid."^[4]

Does a Michigan deferral, dismissal or set-aside solve the problem?

The answer is a matter of Canadian law, and this page can report only what Canada says about it. Three things are established in the sources:

• The statutory criminality ground discussed here is based on a conviction outside Canada.^[1]
• Canada's guidance also refers to a person who has "committed" a crime, so the absence of a conviction does not end every inquiry.^[6]
• For a person who received a record suspension or a discharge for a conviction in another country, Canada says to check with the visa office that serves the region where the person lives, which will say whether it is valid in Canada.^[6]

In Michigan terms, a discharge and dismissal under the domestic violence deferral statute is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, and a conviction that is set aside leaves the person considered not previously convicted for purposes of Michigan law.^[7][8] Whether Canada accepts either one is for the Canadian visa office to say.^[6] The Michigan side of those outcomes is explained in Does a deferral count as a conviction? and Setting aside a domestic violence conviction.

Travel while a case is pending or during probation

For a person with an open case, the first obstacle can be on the Michigan side. A Michigan bond may include a condition to surrender a driver's license or passport, or a restriction on travel.^[9] Federal passport regulations also list, among grounds on which a passport can be denied, that the applicant is subject to a criminal court order, condition of probation, or condition of parole that forbids departure from the United States.^[10] A misdemeanor domestic violence conviction is not itself listed as a ground for denying a passport.^[10]

Anyone on bond or probation should read the order and ask the court or probation officer before making plans that involve leaving the state or the country. See Bond conditions in domestic violence cases.

NEXUS and Global Entry

Trusted traveler programs apply their own standard. U.S. Customs and Border Protection states that a person may not be eligible for Global Entry if the person has "been convicted of any criminal offense or [has] pending criminal charges or outstanding warrants."^[11] The wording is "may not be eligible," which leaves the decision to the agency.^[11]

What people get wrong

Two opposite beliefs circulate. One is that Canada does not care about American misdemeanors. That is wrong, because Canada classifies the offense under its own law and treats hybrid offenses as indictable.^[1] The other is that a conviction means a lifetime ban. That is also wrong: for a single offense, deemed rehabilitation is possible 10 years after the sentence is completed, and an application can be made after five.^[2][3]

Before you travel

• Get certified copies of the court record showing the charge, the disposition, and the date the sentence, including probation, was completed.
• Work out which route fits your dates, and apply well ahead if you need rehabilitation or a permit.
• Answer an officer's questions truthfully. Being turned back is a setback; a false statement to a border officer creates a second problem.
• For a trip that matters, consult a Canadian immigration lawyer, since Canadian officials make the equivalency decision.