Pardons
If a person has been found guilty of any criminal offence, they may be eligible to apply for what is now called a Record Suspension after a certain period of time. The type of offence, the sentence received, and the dates of sentencing are all key factors in determining whether a person qualifies.
Approximately 10% of Canadians have criminal records.
An individual who receives a conviction under the Criminal Code of Canada will receive a criminal record. This record may remain on file for many years and can continue to affect various aspects of an individual’s life.
Employers, community agencies, and educational institutions may request record checks. This can impact prospective employees, volunteers, and students. Therefore, even after one has served a prison term, a criminal record may continue to have negative ripple effects on one’s life.
What is a Pardon?
A pardon, now known as a “record suspension”, provides an individual with a criminal conviction an opportunity, after the passage of a set amount of time, to have their criminal record suspended and removed from the main repository of criminal records.
The Parole Board of Canada is the authority that oversees record suspensions. If an application to the Parole Board is approved, an individual with a criminal record may receive a fresh start, so to speak. However, the Parole Board reserves the right to refuse or revoke record suspensions under federal law.
When can one apply for a Pardon?
The following criteria must be met before an individual may submit an application for a record suspension:
Completed all sentences of imprisonment, including paying all fines and restitution orders in full; and
Abided by the applicable waiting period following the completion of all sentences. The waiting period may depend on the offence and applicable federal legislation.
Applying for a Pardon “Record Suspension”
Although one does not need a lawyer or other representative to apply for a record suspension, navigating the process can be complex. Cases before the Parole Board of Canada require careful preparation, and there is no guarantee that an application will be approved. Receiving a record suspension can be an arduous process with many stipulations regarding the applicant’s eligibility.
If you wish to apply for a record suspension to improve employment opportunities and address potential travel concerns, we encourage you to contact Hundal Law Firm at (416) 888-0592.
Hundal Law Firm can help guide you through the process and assist with preparing your application.
See also Charter Applications, Coroner’s Inquests, and Fingerprint Destruction.
Frequently Asked Questions
In assessing whether a record suspension should be granted, the Parole Board of Canada will assess the circumstances of the offence(s) committed, how the individual has changed their life since committing the offence, and why it would be a benefit for the individual to obtain a record suspension. It is critical that you answer all questions honestly.
Those wishing to get a record suspension must apply to the Parole Board of Canada. There are numerous forms and documents that need to be obtained, including documents from the court where you were sentenced, a police record check, and other documents completed by the applicant with extensive background information.
Once you receive a record suspension, the record is kept separate from the main repository of criminal records and is subject to the applicable federal rules governing disclosure.
It is important to note:
- A record suspension does not guarantee entry into another country. There is no way to know how each country will treat a record suspension or previous offence.
- If you were convicted of a sexual offence and received a record suspension, these records may remain subject to specific disclosure rules and can be flagged in CPIC (the Canadian Police Information Centre), including in circumstances involving a Vulnerable Sector Check.
The application fee for a record suspension is set by the Parole Board of Canada and may change from time to time.
There may also be costs associated with obtaining a police record check, fingerprinting, or other required documentation.
A pardon, now known as a record suspension, provides an individual with a criminal conviction an opportunity, after the passage of a set amount of time, to have their criminal record suspended and removed from the main repository of criminal records. The type of offence, the sentence received, and the dates of sentencing are all key factors in determining whether a person qualifies.
The Parole Board of Canada is the authority that oversees record suspensions. If an application to the Parole Board is approved, an individual with a criminal record may receive a fresh start, so to speak. However, the Parole Board reserves the right to refuse or revoke record suspensions under federal law.
Although one does not need a lawyer or other representative to apply for a record suspension, navigating the process can be complex. Applications require appropriate documentation and careful preparation, and there is no guarantee that an application will be approved.
If you wish to apply for a record suspension in a timely manner, retaining a lawyer may help you navigate the process and prepare the required documentation.
Processing times for a record suspension application in Canada depend on the type of offence and the completeness of the application. Processing times may also vary depending on the circumstances of the application and the Parole Board of Canada’s requirements.
To avoid unnecessary delays, ensure your application is complete and includes all required documentation. For current processing information and detailed guidance, applicants should consult the Parole Board of Canada.
