Canadians with a criminal record may face challenges traveling to Mexico. Entry depends on the nature of the offence, as Mexican authorities assess each case individually, prioritizing serious crimes over minor offences.
Tourist numbers suggest that more Canadians than ever are expressing the “viva la México” spirit these days. According to Mexico’s tourism ministry , almost 2.5 million Canadians flew into Mexico last year, representing a 40.3% increase over 2022 numbers and making Canada Mexico’s second-largest source country for tourists after the U.S. And it’s not just tourists, as a Mexican real estate company that caters to expats reports that the number of Canadians buying Mexican homes has quadrupled since 2020.
Viva la México, indeed, and, as Canadians, we get it—pleasant climate, beautiful beaches, inexpensive living costs, Mexican cuisine, and high-end tequila at a reasonable price. What’s not to love?
However, what if you happen to be one of the 4.5 million or so Canadians with a criminal record? Can you travel to Mexico with a criminal record?
The Greater Toronto Area criminal defence lawyers at Mass Tsang will tell you that it depends on what crime(s) your criminal record includes and adds that prohibitions on entry may also apply if you’ve been charged with a criminal offence and are awaiting trial. Should you happen to have a criminal record and be planning a trip to Mexico, the potential good news is that most minor criminal offences — including DUI — will probably not prevent your entry into the country.
Let’s look at what you can expect if you plan on going to Mexico with a criminal record. However, be advised that this information should not be construed as legal advice. If you’re planning to travel to Mexico and have a criminal record, we suggest you contact your lawyer, Mexican immigration authorities , or a Mexican consulate before your trip.
According to the Mexican Embassy in Canada , immigration authorities may deny your entry into the country “if you are subject to an outstanding criminal charge or have been convicted of a serious crime as defined by national laws on criminal matters or provisions in international treaties or conventions that the Mexican State is party to.” Such serious crimes are detailed in Article 194 of Mexico’s Federal Code on Criminal proceedings, and include any crime that has a “significant, negative effect on the fundamental values of society.”
The consulate listed numerous “serious” crimes that are grounds for denying a Canadian traveller entry into Mexico but suggests there may be others. Based on this list, we’d say almost all countries would prohibit entry to anyone convicted of or charged with them — Canada certainly would. Thus, if you’ve been convicted of, or are facing charges for, any of the following offences, your entry into Mexico (and most of the world’s countries) will likely be denied:
We don’t see DUI, assault, theft, and other relatively minor offences — compared to the embassy’s list — listed, so assume travellers to Mexico with such pending charges or a record will be allowed entry. But again, to be sure, consult with the proper Mexican authorities.
Q: Can a Canadian with a criminal record travel to Mexico?
A: Yes, but it depends on the severity of the offence. Serious crimes like manslaughter or drug trafficking may result in denied entry, while minor offences like DUI typically do not. Consult Mexican immigration authorities before travel for clarity.
No matter what your criminal record/pending charge(s) status, the immigration officials who greet you at the border have all the power to allow or deny your entry into Mexico. Should you disclose a criminal record/pending charge(s), they will undoubtedly bar your entry should any of your criminal activity be on the list above.
Anecdotal evidence suggests that most border officials allow entry to those charged with or convicted of relatively minor offences. However, they might first want to learn more details about the offence or otherwise subject you to closer scrutiny. If you have official court documents about your case, it may help smooth entry. And, if you secured a record suspension for any Canadian criminal charges, you should definitely bring such documentation to the border, as it serves as legal proof of your rehabilitation.
If you were to ask us whether you should disclose your criminal record or pending criminal charges to Mexican immigration authorities, as lawyers, we would have to advise you to do so. However, we can also tell you that Canada and Mexico do not have an automatic criminal record-sharing agreement like the one between Mexico and the U.S. Thus, Mexican border officials probably do not have easy access to your criminal history, should you happen to have one.
However, Mexico and Canada are both Interpol members, which gives border agents access to an international database of people who’ve been charged, convicted, or are under investigation for serious crimes like murder, drug trafficking, terrorism, human trafficking, etc. If you’re on Interpol’s list, Mexican border authorities will likely either arrest you or deny your entry into the country.
Note also that Mexican border officials can turn to other resources to assess your potential criminal nature. Should a border official not like your responses to their questions about your criminal record, or otherwise have suspicions about your good character they can — and have been known to — consult an Internet oracle like Google to see if it has any information on you. If they find news articles about your criminal activity or Facebook, Instagram, or other social media pages that profile your affinity for guns, drugs, or other criminally suspect activities, they might not believe your responses to your questions and deny you entry. If you’re caught lying to a border agent or they otherwise suspect you have criminal tendencies, they have the full authority to deny your entry.
To ensure a criminal record doesn’t impede your ability to travel to Mexico or other foreign countries, the Greater Toronto Area criminal defence lawyers of Mass Tsang recommend that you don’t commit criminal acts. However, if you’re facing unwarranted criminal charges or otherwise slipped into illegal activity due to accident, unforeseen circumstances, or otherwise, they suggest that you seek out the services of a competent criminal defence lawyer. An experienced criminal defence lawyer can assess the details and evidence of your case to determine the best means of strategizing a legal response to secure the best outcome possible and avoid a criminal record. With decades of criminal defence success in the Greater Toronto Area, the lawyers of Mass Tsang can help you strategize a robust defence. If you or a loved one is facing criminal charges in the GTA, contact Mass Tsang today .
