Canada finds out about a U.S. felony through three overlapping mechanisms: a direct electronic link between Canadian and U.S. law enforcement databases, the criminal history disclosures required on every visa or travel authorization application, and the checks border officers run when you arrive. If you are wondering how does Canada know if you have a felony, the short answer is that your record is usually visible to Canadian authorities before you ever reach the border, and officers at the port of entry can pull it up again.
The Direct Link to U.S. Criminal Databases
The main detection tool is a database connection between the Canadian Police Information Centre (CPIC) and the FBI’s National Crime Information Center (NCIC). The RCMP and FBI run this link under a formal Memorandum of Cooperation, which lets Canadian law enforcement query NCIC electronically for criminal history, outstanding warrants, and protection orders.1Federal Bureau of Investigation. National Crime Information Center Canada is the only foreign country with direct access to NCIC.2United States Department of Justice. National Crime Information Systems
Through that link, your convictions, pending charges, and active warrants are accessible to Canadian authorities on a routine query. CPIC also connects to Interpol records, so criminal history from other countries can surface the same way.3Office of the Privacy Commissioner of Canada. Disclosure of Information About Complainants Attempted Suicide to US Customs and Border Protection
A separate bilateral agreement that came into force in January 2025 adds biometric and immigration data sharing between the two countries. Information is exchanged through automated electronic queries with minimal human intervention.4Government of Canada. Agreement Between the Government of Canada and the Government of the United States of America for the Sharing of Visa and Immigration Information In practice, if your fingerprints are on file in the U.S. criminal justice system, they can be matched against Canadian immigration records.
What You Have To Disclose
Travelers who need a visa must declare criminal convictions, charges, and arrests on the application. Visa-exempt travelers flying into Canada have to apply for an Electronic Travel Authorization (eTA), which asks the same questions. The questions cover offenses in any country. Canadian authorities cross-reference your answers against the databases above, so a felony left off the form is almost certain to be noticed.
Omitting a conviction creates a second problem on top of the first. Under section 40 of the Immigration and Refugee Protection Act, anyone who directly or indirectly misrepresents or withholds material facts can be found inadmissible for five years from the date of the final determination.5Government of Canada. Immigration and Refugee Protection Act – Section 40 The current application is refused. The finding stays on your immigration file and feeds into the credibility assessment on every future application.6Government of Canada. Consequences of Immigration and Citizenship Fraud It can also sweep in accompanying family members.
The misrepresentation bar is often harder to overcome than the underlying criminal inadmissibility. An old felony might qualify for rehabilitation; a finding that you lied about it resets the clock on a separate problem.
Checks at the Border
Clearing an eTA or visa screening is not the last check. Canada Border Services Agency (CBSA) officers run their own queries when you arrive. Officers at ports of entry have access to CPIC, the Integrated Customs Enforcement System (ICES), and the U.S. NCIC database.7Office of the Privacy Commissioner of Canada. Audit of the Personal Information Management Practices of the Integrated Customs Enforcement System Scanning your passport can pull up a record that was not declared earlier.
If something flags during primary inspection, officers can refer you to secondary inspection to verify your admissibility.8Canada Border Services Agency. Canadian Customs: Secondary Inspections In secondary, officers ask more detailed questions, run additional searches, and review documents. If they confirm a record that makes you inadmissible, they can refuse you entry on the spot. There is no appeal at the border.
Why “Felony” Is Not the Term Canada Uses
Canadian immigration law does not recognize the word felony. Instead, officers run an equivalency analysis: they compare the elements of your U.S. offense to Canadian criminal law and look for the closest match. The test is whether the conduct, if committed in Canada, would constitute an offense under a Canadian federal statute.9Government of Canada. Immigration and Refugee Protection Act – Section 36 Differences in terminology and sentencing do not matter if the core ingredients line up.
That translation puts your offense into one of two inadmissibility categories under section 36 of the Immigration and Refugee Protection Act:
- Serious criminality, where the Canadian equivalent carries a maximum prison sentence of at least ten years.9Government of Canada. Immigration and Refugee Protection Act – Section 36
- Criminality, where the Canadian equivalent is an indictable offense (roughly comparable to a felony) with a maximum under ten years. A single indictable offense, or two offenses of any kind from separate incidents, can trigger this category.9Government of Canada. Immigration and Refugee Protection Act – Section 36
A worked example that catches many Americans: since December 2018, impaired driving in Canada has carried a maximum sentence of ten years. A standard DUI, which many U.S. states treat as a misdemeanor, now sits in Canada’s serious criminality category alongside offenses like robbery or fraud over $5,000.10Government of Canada. What Is the Temporary Resident Permit Fee Waiver for Criminal Inadmissibility If an old DUI is on your record, Canada will flag it.
Pardons and Expungements From the United States
A U.S. pardon or expungement does not automatically clear you. Canadian immigration law still requires you to disclose a criminal record on applications even if the conviction was pardoned or expunged in the country where it occurred.11Immigration, Refugees and Citizenship Canada. I Received a Pardon for My Crime, Can I Enter Canada A foreign pardon may be considered, but Canada applies its own test: the foreign legal system must be broadly similar to Canada’s, the specific pardon law must have a similar purpose and effect to a Canadian record suspension, and there must be no reason not to recognize it. All three conditions have to be met.
This surprises many travelers. In the U.S., an expungement usually means you do not have to disclose the conviction to most employers. Canada does not follow that logic. The conviction happened, Canadian databases may still reflect it, and the burden is on you to show it should no longer bar entry.
If a Record Shows Up, What Fixes It
A felony on your U.S. record is not a permanent bar. Which pathway applies depends on how your offense translates and how much time has passed since you finished the sentence.
Criminal rehabilitation is a one-time application that permanently resolves inadmissibility once at least five years have passed since you completed your entire sentence, including fines and probation. The government processing fee is CAD $246.25 for offenses in the criminality category and CAD $1,231.00 for serious criminality.12Government of Canada. Citizenship and Immigration Application Fees: Fee List Fees are nonrefundable, and approval is not automatic.
Deemed rehabilitation resolves inadmissibility by the passage of time alone, with no application needed, but only for lower-tier offenses. For a single indictable offense whose Canadian equivalent carries a maximum under ten years, you are deemed rehabilitated ten years after completing the sentence.13Government of Canada. Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity Deemed rehabilitation never applies to offenses whose Canadian equivalent carries a maximum of ten years or more, which rules out DUIs under current law.
If you need to enter before you qualify for rehabilitation, a Temporary Resident Permit allows a specific trip when there is a compelling reason. The application fee is CAD $200, and the permit does not resolve the underlying inadmissibility.10Government of Canada. What Is the Temporary Resident Permit Fee Waiver for Criminal Inadmissibility Address the record itself before planning anything beyond a single visit.