Removing a criminal record in Canada, more commonly referred to as obtaining a record suspension (formerly known as a pardon), is a legal procedure that allows individuals with a previous criminal conviction to have their record kept separate from active criminal records. This article provides a legal perspective on the process, eligibility, and implications of removing a criminal record in Canada.
Understanding Record Suspension
A record suspension, governed under Canada’s Criminal Records Act (CRA), does not erase a criminal record but rather sets it aside. This means that the record is not accessible through standard criminal record checks, facilitating easier access to employment, education, and travel opportunities.
Eligibility Criteria
To be eligible for a record suspension, applicants must satisfy several criteria:
- Completion of Sentences: All sentences, including imprisonment, probation, fines, and parole, must be fully served.
- Waiting Period: Applicants must have completed a waiting period post-sentence:
- Five years for summary conviction offences.
- Ten years for indictable offences.
- Conduct During Waiting Period: The applicant must demonstrate good conduct and not have been convicted of new offences during the waiting period.
Ineligibility Factors
Some individuals are ineligible for a record suspension:
- Persons convicted of sexual offences against minors (with specific exceptions).
- Individuals with more than three indictable offences, each with a sentence of two or more years.
Application Process
The process for obtaining a record suspension involves several steps:
- Criminal Record and Court Documents: Obtain a copy of your criminal record from the Royal Canadian Mounted Police (RCMP) and any relevant court documents.
- Local Police Records Check: Acquire a local police records check from every place you have lived in the past five years.
- Measurable Benefit and Sustained Rehabilitation Form: Complete this form to demonstrate how a record suspension would provide a measurable benefit and that you have been rehabilitated.
- Application Form: Fill out the Parole Board of Canada’s application form accurately and completely.
- Application Fee: As of 2023, the application fee is $644.88, subject to change.
- Submission: Submit the application package, including all supporting documents and the application fee, to the Parole Board of Canada.
Legal Considerations
- Accuracy and Completeness: Inaccuracies or incomplete information can lead to application delays or denial.
- Legal Representation: While not mandatory, legal advice or assistance can be beneficial, particularly in complex cases.
- No Guarantee of Approval: Meeting eligibility criteria does not guarantee approval. The Parole Board assesses each application on individual merits.
- Effect on Record: A record suspension does not erase the conviction. It can be accessed under certain circumstances, such as by Canadian law enforcement agencies.
- Revocation and Cessation: A record suspension can be revoked or cease to be effective if the individual is convicted of a new offence, found to be no longer of good conduct, or if the suspension was obtained through false or misleading information.
Implications of a Record Suspension
- Employment: Increases employability, as most employers in Canada cannot access suspended records during background checks.
- Travel: While it improves the likelihood of trouble-free travel, it does not guarantee entry to other countries, as foreign jurisdictions may have access to past records.
- Peace of Mind: Provides personal closure and recognition of rehabilitation.
The process of removing a criminal record in Canada through a record suspension is a rigorous legal process, requiring thorough preparation and adherence to statutory requirements. It represents an opportunity for former offenders to diminish the impact of their past convictions and facilitates their integration into society. Legal advice or assistance can be crucial in navigating this complex process, ensuring the highest possibility of a successful outcome.
You may consider using Pardons Canada (pardons.org) to assist in the pardon, file destruction and US waiver application process. Pardons Canada (pardons.org) has been helping Canadians for over 35 years and has an expert staff of over 25 employees at their head office to gather and prepare all of the necessary documentation for the application process. You can speak to any counselor at 1877-929-6011 extension 1 and they would be happy to provide a free consultation on your specific case.
