Second chances are part of Canadian law. Following the commission of a crime or an offense dating back several years, you have the right to put this mistake behind you. To do this, you only have one option: to apply for a criminal record suspension.
Contrary to popular belief, a simple request does not automatically guarantee approval of a criminal record suspension. This is why you need the help of a criminal lawyer to submit your application to the National Parole Board.
JuriGo can refer you to a criminal lawyer who will take charge of your application. Find out how this process works so you can increase your chances of success!
Pardon and the effects of a record suspension
A person’s criminal record is kept and maintained by the Royal Canadian Mounted Police (RCMP) and can be accessed by the public. A criminal record can make it difficult for you to find a job. Even if, in theory, there must be a link between the offence committed and the work to justify not hiring a person with a criminal past, the truth is that individuals with a criminal record are at a disadvantage.
A record suspension can make your life easier in terms of finding employment or traveling abroad. If granted, a suspension can facilitate your employment since the case file will be removed from the Canadian Police Information Centre database.
The term “pardon” has been replaced by “record suspension”. While it does not in any way erase your guilt nor will it change the past, the suspension of your criminal record means it can no longer be accessed by the general public.
When it comes to foreign travel, keep in mind that every country has its own immigration laws and can stipulate its conditions for entry. Some countries could still refuse your entry even if your criminal record has been suspended.
A record suspension is not a clean sweep but it can be a new start for your personal and professional life.
When can you apply for a pardon?
Applying for a pardon requires meeting certain deadlines. In fact, since the aim is to hide the legal consequences of a criminal conviction, a certain time limit must be respected before submitting a request. In particular, we must distinguish between summary and criminal offences!
When it comes to serious crimes, the time limit is 10 years . These are for offences that involved gravity and considerable moral turpitude. We are talking about murder, manslaughter, and sexual assault.
For summary offences, the waiting time is five years after conviction. These are for less serious crimes under the Criminal Code which were tried without a preliminary inquiry and are punishable by between six months and 18 months.
However, there is no guarantee that a pardon will be granted even if you meet the time limit. The National Parole Board grants pardons based on certain criteria for eligibility.
What are the criteria to be eligible for pardon?
Meeting the required waiting period for applying for a pardon is essential. However, in order to obtain an effective record suspension, the National Parole Board will assess several criteria specific to the individual making the application, the circumstances of the crime, and the path taken.
Here are the criteria considered by the Board when you apply for a criminal record suspension!
Absence of other crimes. When you submit your application, the Board will check whether you have been convicted of any new offences since the one for which you are requesting the pardon. Note that the applicable 5-year or 10-year period starts from the last offense conviction.
Moreover, it is impossible to apply for a pardon for only one of the crimes appearing on the record; each of them must be covered by the application and the commission will evaluate the application in reference to each one of them.
Good conduct and proof of rehabilitation. In evaluating the request, the role of the Board is to ensure that the individual presenting the request has demonstrated sufficiently good conduct to qualify for a pardon. The latter will also need to prove that granting of a pardon will help with his rehabilitation and allow him to reintegrate in society.
The seriousness and circumstances of the offence will also be considered by the Board. This does not mean that obtaining a pardon for a serious crime is impossible, but rather that the demonstration of good behavior and rehabilitation will have to be convincing, hence, the importance of seeking the advice of a lawyer.
Have you been convicted of a cannabis-related offence? Since the legalization of cannabis, people who have been convicted of simple possession of cannabis are not required to wait for 5 years required in other summary offences.
Such individuals can apply for suspension using a free application for automatic pardon since the offense of possession of cannabis no longer exists.
Are all crimes eligible for pardon? No, crimes involving the sexual abuse of children and those with life sentences do not qualify for a record suspension. The same applies to persons who have been convicted three times of a crime for which the penalty is more than 2 years’ imprisonment.
Who are eligible for criminal record suspension?
According to the Parole Board of Canada, you are eligible to apply for a record suspension if you meet the following:
· Convicted of an offense in Canada as an adult under a federal act or regulation;
· Convicted of a crime in a foreign country and transferred to Canada to serve a sentence under the International Transfer of offenders Act or the Transfer of offenders Act;
You do not have to apply for a record suspension if you were given an absolute or conditional discharge of if you were convicted in a youth justice court or juvenile court.
Records are destroyed when applicable time periods have expired under the Youth Criminal Justice Act.
The Parole Board of Canada has no authority over youth offences before 1996 that are not on your criminal record even if you were convicted as an adult. To suspend those records, you must contact the court of the police agency.
An application for a record suspension also requires that:
- All costs, restitution, compensation orders, and fines have been completed;
- Sentences for imprisonment including conditional sentences, parole, and statutory release were completed;
- Probation orders.
How will a lawyer help with your application for criminal record suspension?
The National Parole Board does not require your application for pardon to be submitted by a lawyer. However, it is to your advantage to hire a lawyer to increase your chances of success!
A qualified criminal lawyer can advise you on the proper steps to take:
Evaluate your eligibility: Your lawyer will take note of your criminal record and the various offences you have committed to determine if you meet the waiting period required to file an application. In addition, certain crimes, including those constituting sexual assault on minors, are not eligible for a pardon.
Gather the necessary documents: Criminal record, arrest reports, if applicable, and other documents relating to your criminal history will be gathered by your lawyer so that he can go through them with a fine-tooth comb before presenting the request.
Preparation and submission of the application to the National Parole Board: This step includes writing the application itself in such a way that it has the best chance of being accepted. This service also includes the follow-up of the request with the Board as well negotiate with the latter, if necessary.
Frequently asked questions about applying for a pardon in Canada
A criminal record raises concerns and a myriad of questions because of its negative and significant impact on an individual’s life.
A good way to get clear answers to these questions is through your lawyer! JuriGo has a vast network of licensed and experienced criminal attorneys who can guide you.
You can Find a lawyer to help you using the short online form below!
In the meantime, here are some of the most frequently asked questions about applying for a suspension of a criminal record.
Is a pardon the same as criminal record suspension?
The government passed a law in March 2012 changing the name “pardon” to record suspension. The procedures are the same but some eligibility rules have changed. If you get a record suspension, it is the same as a pardon.
How long it take to process and obtain an application for a pardon?
It depends on the type of offence for which you are seeking a record suspension. In the case of a summary offence, expect a waiting time of about 6 months, whereas an offense tried by indictment could take from 1 to 2 years.
How is the eligibility period calculated if a person has committed several crimes?
This rule is always the same regardless of the type of crime committed. Since it is impossible to apply for a record suspension only for a single crime among multiple ones, the most recent crime sets the starting point for the calculation.
Is a record suspension valid for life?
Although record suspensions do not have an expiry date, the board reserves the right at any time to revoke a record suspension if the individual commits a new offence. Revocation may also be invoked when it is demonstrated that the individual was untruthful in his application.
Is it mandatory to hire a lawyer for a request for a criminal record suspension?
No, it is not mandatory to hire a lawyer to apply for a record suspension but it is highly recommended to ensure your application is done properly.
How much does it cost to get a criminal record suspension?
The government charges fees for paperwork such as fingerprinting ($100 or less) and the RMCP certification fee. Police stations may also charge fees for verification of recent criminal activity which is needed for your paperwork. These fees vary depending on where you live.
What do potential employees see in my record if I don’t get a record suspension?
Without a record suspension, potential employers can see arrests that have resulted in a conviction. Even conditional and absolute discharges can be seen by the public unless they are removed from your records.
What happens to my records after I get a criminal record suspension?
When the Parole Board of Canada approves your request for a record suspension, these will be sealed. Should anyone run a criminal background check on you for whatever reason, they will not see that you have had troubles with the law. Local police and courts will also seal their records.
Contact JuriGo to find a lawyer for a criminal record suspension
Are you ready to start fresh and leave your criminal past behind you? Take steps now to obtain a record suspension and have a clean slate. It all starts with a criminal lawyer who is experienced in working with the National Parole Board.
JuriGo can make it easier for you to apply for a pardon by connecting you to qualified lawyers in your area!
Fill out the application form at the bottom of the page and you will be referred, free and without obligation, to a lawyer close to your home. Don’t wait too long to get your second chance?