Does a DUI Show Up on Your Passport?

A DUI charge is a serious matter in Canada—with a conviction potentially impacting international travel plans—but criminal record information does not appear directly in your passport.

Passports are travel documents containing basic identity and citizenship information, such as name, birthdate, nationality, etc. They do not contain police records, driving records, etc. 

Although no criminal record information is visible in passports, travellers are right to be concerned about convictions as they may show up in immigration checks at international borders.

So, here’s what you need to know if you’re planning an international trip and are concerned about a DUI conviction…

What are the implications of a DUI for international travel?

DUI is more accurately called “impaired driving” or “driving at or over 0.08” in Canada. DUI is an American term but the different expressions used do not make the penalties any less severe.

Across Canada, anyone caught operating a vehicle while they are believed to be impaired could face criminal charges—though the Immediate Roadside Sanctions program in Alberta has reduced the number of impaired drivers charged with a criminal offence.

If a driver is convicted of impaired driving or driving at or over 0.08, a permanent criminal record could result. One of the long-term consequences of this is a potential negative impact on international travel, even though the information is not included in passports.

People applying for visas and crossing international borders are checked against databases containing criminal record information that authorized immigration personnel can access.

In the U.S., for instance, strict border policies could prevent entry for individuals with DUIs showing up on criminal record background checks. At the very least, it can lead to heavy scrutiny and unwanted delays.

Background checks are also used by employers, landlords, educational institutes, and other parties interested in accessing criminal record information.

What if you plan to enter Canada with a DUI conviction?

Entering Canada with a DUI conviction from the U.S. is possible but the zero-tolerance policy for DUIs here means that drivers convicted after December 18, 2024, are standardly excluded from entry due to “serious criminality” (before this date, the grounds for exclusion are “criminality”).

A DUI conviction, therefore, makes it considerably more difficult to enter Canada. Border agents can search for criminal convictions and arrest warrants—so if in doubt it’s best to check if there is a warrant out for your arrest.

You may be able to enter Canada temporarily if you apply for a temporary resident permit (TRP). You will need to prove that your reason for travelling to Canada is justified and pay the C$200 processing fee. However, there’s still no guarantee you’ll be allowed to enter or stay in Canada.

Drivers who can show proof of rehabilitation or a DUI record suspension stand a better chance of entering Canada, especially if the conviction was many years ago.

Will you be asked about a criminal record when renewing your Canadian passport?

A DUI does not automatically prevent you from obtaining or renewing a Canadian passport because the passport application process does not include questions about criminal records. However, certain legal restrictions can prevent a passport application from being approved. 

For instance, a conviction for forgery of a passport may result in a passport application denial. This is also likely if the applicant is currently charged with an indictable offense or is serving a sentence that restricts their departure from Canada. Federal travel restrictions, such as those associated with drug trafficking, may also restrict the ability to get a passport.

Drivers on probation or parole may need explicit court approval or approval from their probation officer to leave the country, even with a valid passport.

How to reduce the risk of a DUI affecting travel plans

Entry restrictions vary between countries and can change at short notice. Although most EU countries do not consider a DUI conviction as grounds for denying entry, the U.S. and Canada are stricter with entry regulations, as are Australia, South Africa, and New Zealand, for instance.

So, if you plan to travel internationally with a DUI conviction on your record, take necessary precautions before leaving home, including:

• Checking the entry requirements of each country before traveling
• Consulting with legal or immigration experts
• Applying for a record suspension in Canada to clear the criminal record, if possible
• Obtaining a travel waiver, if necessary

Can I apply for a pardon to clear my DUI record?

In Canada, a DUI conviction remains on a criminal record indefinitely unless you obtain a pardon.

A pardon, now called a “record suspension” in Canada, will clear a DUI from public records. This can potentially ease its negative consequences.

However, to be eligible for a record suspension in Canada, you will need to wait the required period before applying to the Parole Board of Canada. You can usually apply for a pardon five years after serving the sentence, completing probation, and paying all fines but the wait is 10 years for an indictable offence.

You must meet specific eligibility criteria and applications often require the assistance of a lawyer. If successful, the conviction is removed from your public record, potentially easing travel restrictions.

In summary, even if you have a valid passport, it’s essential if you have a DUI conviction to plan international travel and take steps to prevent problems and delays. Seek legal advice if necessary and, if you are eligible for a record suspension, allow adequate time for your application to be processed (it can take 6-18 months to review it).

The best way to avoid travel issues with a DUI charge is to not get convicted in the first place. That’s more likely with the help of a seasoned DUI lawyer…

Call us to arrange a confidential consultation

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.