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.