Why am I not able to go into Canada with a gross misdemeanor? (theft 3rd degree)

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I am asking this question on behalf of a close friend: My friend was charged with 3rd degree THEFT back in 2005 which in our mind is a gross misdemeanor, but when we recently attempted to go Vancouver, BC they wouldn't let her cross the border because they said she has a felony record for THEFT 3rd DEGREE (?). We were advised to wait "X" amount of time/year and then have it expunged from her record. Does this at all sound right? 3rd degree theft=gross misdemeanor=felony?

Attorney Answers

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Lennard Anthony NahajskiCriminal Defense AttorneyBellevue, WA ·
Yes that is correct. Canda does not let anyone convicted on an indictable offense into Canada. This list includes many misdemeanors in the U.S. that are the equivalent of felonies in Canada. Theft in the third degree is a misdemeanor in Washington. It is likely that your friend would be able to vacate the theft conviction here in Washington so it would appear on her record as a dismissal, or she could apply for rehabilitation through Canadian immigrations and customs.
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