Who needs a Pardon? – (i.e. Record Suspension)
A Pardon enables a person who was convicted of a criminal offence, but has completed their sentence and also demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records.
How is a Pardon issued?
A Pardon is issued by the Federal government of Canada. Therefore any search of the Canadian Police Information Centre (CPIC) will not show that you had a criminal record, or that you were issued a Pardon / Record Suspension.
Why do you need a Pardon/Record suspension?
A Pardon allows people who were once convicted of a criminal offence the ability to keep their criminal record from being accessed by having it cleared. It allows people whom have completed their required sentence and are law-abiding citizens to have their criminal record to be set aside from other criminal records that you may have.
Below is a list of reasons why a Pardon may be required:
• Career advancement i.e. many career
• Ability to be bonded (Mitigate risk of committing Crime)
• Educational benefits i.e.
• Daycare, Custody and Guardianship of children
• Changes in legislation: There may be new laws enacted that can change the pardon process; hence making it more difficult to obtain one. It is highly recommended that you apply for a Pardon as soon as you are eligible.
What is the Pardon/Record suspension eligibility time line?
Depending on your specific charge, you do need to wait the required time before being eligible for a Pardon/Record Suspension or Destruction. We highly recommend that you initiate the process well in advance of your eligibility date.
- 5 months Withdrawn, dismissed or acquitted charges
- 1 year Absolute Discharges, Stayed Charges and most Peace Bonds
- 3 years Conditional Discharges
- 5 years Summary Convictions
- 10 years Indictable Convictions
- Ineligible Sexual convictions to a minor; if individual has 4 or more indictable convictions, each of which 2 years or more of jail time was served.
If a withdrawn, acquitted, dismissed, stayed or peace bond charge happened years ago, the file may be destroyed right away.
What are the Pardons/ Record suspensions eligibility conditions?
Below are the eligibility conditions:
- Completed their sentence (including parole) and have paid any fine or financial penalty
- Completed any probation period
- Waiting period criteria met and satisfied
- Demonstrated that he or she is a law-abiding citizen
- Additional criteria may apply based on individual situation
**Not Eligible’ for indictable convictions for sexual crimes against minors. (certain exceptions apply) (Schedule 1 Offence under CRA)
**Not Eligible’ for criminals with more than three (3) offences prosecuted by indictment, each with a prison sentence of 2 years or more
What are the steps in obtaining a Pardon/ Record suspension?
Obtaining a Pardon is a multi step and at times complex process. Should you miss any vital piece of information it can delay and/or nullify your application process. Below is a list of steps in applying for a Pardon application:
1. Obtain your Criminal Record from the RCMP
2. Obtain your Court Information
3. Obtain you Military Conduct Sheet (if applicable)
4. Obtain your Local Police Records check
5. Copy of your proof of Canadian Citizenship Immigration Documents (if applicable)
6. Photocopy of your Document to Support your Identification
7. Complete Schedule 1 Exception Form
8. Complete Record Suspension Application Form
9. Complete Measurable Benefit/Sustained Rehabilitation Form
10. Pay applicable Fees & Mail Documents
Let us assist you from start to finish in completing your application and getting it done right – the first time.