Can Nolle Prosequi prevent entry to Canada?

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In certain cases (for example, cases involving a charge for driving under the influence), after having considered the nature of the case and the facts involved, the prosecution will sometimes choose not to proceed any further. In such cases, a disposition of “Nolle Prosequi” will usually appear. Nolle Prosequi is a Latin phrase that means “will no longer prosecute” and is used to indicate that the prosecution had confirmed that they will not move forward with the charges against the defendant. As such, no conviction results. Not only that, but for all intent and purposes, this amounts to a dismissal of the charge in question. Another variation on the term would be “Nol Prossed”.

So what would be the effect of a conclusion of nolle prosequi with respect to entry to Canada? Inadmissibility cannot be based on offenses for which there has been a final determination of an acquittal. Charges ending in Nolle Prosequi should there normally be considered as such. As mentioned above, nolle prosequi is not viewed as a conviction. Furthermore, it confirms that the state willingly chooses to cease prosecution. Therefore, inadmissibility should not apply for a person that had a single offense on record, for which nolle prosequi has been confirmed.

However, this should not be taken as official legal advice. Each case is different and can sometimes includes details that can drastically affect the determination of whether a person is admissible for entry to Canada or not. Please contact for any case-specific questions you might have.