Record Suspension(
formally known as Pardon) allows persons convicted of a criminal offence and
have subsequently completed their sentence and rehabilitated themselves. Such persons may apply to the
Parole Board of Canada to have their criminal record suspended. What this means is that once
record suspension process is complete, the criminal records are kept separate
and apart from the other criminal records in the Canadian Police Information
Centre (CPIC) database. A search of the
CPIC database will not show the criminal record.
A person has to be
eligible to apply for record suspension. A person is eligible to apply for
record suspension, if the person:
- Has been convicted of an offence under a
Canadian Act of Parliament;
- Has been convicted of an offence in
another country and transferred to Canada;
- Has completed all the sentences related
to the criminal offence which includes the following:
- All
sentences of imprisonment,
- All
fines, surcharges, costs, restitution and compensation orders
- Any
probation orders.
Under the Criminal
Records Act, all offences are not eligible for record suspension. Schedule 1
offences relating to sexual offences under the Criminal Records Act and offences of more than
three prosecuted by indictment each with
a prison sentence of 2 years or more. A person may apply for record suspension
if the person has been convicted of an
offence referred to in Schedule 1, if the Board is satisfied of the following that:
- The person was not in a position of
trust or authority towards the victim of t he offence and the victim was in a
relationship of dependency with him or her;
- The person did not use, threaten to use
or attempt to use violence , intimidation or coercion in relation to the
victim;
- The person was less than 5 years older
than the victim;
The person has the onus
of satisfying the Board that the above three are met.
There are certain
restrictions on the Application of Record Suspension. All criminal offences are
not eligible for record suspension. Under the Criminal Records Acts, a person
is ineligible to apply until 5 years in summary offences and 10 years in
indictable offences after the expiration of any sentence including a sentence
of imprisonement, a period of probation and the payment of any fine, imposed
for an offence.
Classification of
Offences-Offences are classified as Summary Offences and Indicable Offence.
What is Summary
Offences?- The less serious offences conviction is liable to a fine of not
more than $2,000.00 or imprisonment of
six month or both.
What is Indictable
Offences?- The serious offences punishable by imprisonment f or two, five,
ten and fourteen years or life are indictable offences.
The Parol Board of Canada is the official federal agency responsible for ordering, denying and revoking record suspension under the Criminal Records Act. The Application Guide provided by the Parole Board of Canada includes the Application forms and the list of all the necessary steps and additional information required with the Application.
The person applying for
record suspension also requires the following documents:
- Photo Identifications
- Proof of Citizenship, if born outside of
Canada
- Fingerprints
- Court Information Form for all the
offences
- Local police records checks for all
locations where one has lived for more than 5 years
- Measurable Benefits/Sustained
Rehabilitation Form
- Schedule 1 Exception Form, if
application
Procurement of some of these documents are subject to additional fees. It takes few months to gather all these information and another 18 months approximately to complete the application process.
We can guide and assist you in this process. We have the experience. Call us for more information.
