Record Suspensions (Pardons)
A record suspension, commonly known as a pardon, is a legal process in Canada that allows individuals with a criminal record to have it set aside, reducing barriers to employment, housing, and travel. This process does not erase the record but restricts public access to it, demonstrating the individual’s rehabilitation and allowing them to move forward without the stigma of a criminal conviction.
Eligibility for a Record Suspension
To qualify for a record suspension, the applicant must meet specific criteria:
- Completion of Sentence: All aspects of the sentence, including fines, probation, and restitution, must be completed.
- Waiting Period:
-5 Years: For summary (less serious) offenses.
-10 Years: For indictable (serious) offenses.
- No New Convictions: The individual must demonstrate a clear criminal record during the waiting period.
- Good Conduct: Evidence of lawful behavior and integration into society is required.
Certain convictions, such as sexual offenses involving minors or multiple serious offenses, may make an individual ineligible for a record suspension.
How a Record Suspension Works
Once granted, a record suspension:
- Ensures the criminal record is kept separate from active records.
- Removes the record from public databases like the Canadian Police Information Centre (CPIC), making it inaccessible during standard background checks.
It does not guarantee entry to foreign countries, as foreign immigration authorities may still have access to the original record.
Application Process
To qualify for criminal rehabilitation, applicants must meet these requirements:
- 1.Obtain Court and Police Documents: Secure all necessary documentation, including court records and local police checks.
- 2.Complete the Application Form: The application must be submitted to the Parole Board of Canada (PBC).
- 3.Pay Fees: A non-refundable application fee of CAD $50 is required.
- 4.Wait for Processing: The processing time depends on the complexity of the case but typically ranges from 6 to 12 months.
Impact of a Record Suspension
A record suspension can:
- Improve employment opportunities by preventing disclosure of the record during background checks.
- Enhance eligibility for housing or volunteer opportunities.
- Facilitate travel by improving the perception of rehabilitation in international visa and border clearance contexts.
Limitations of a Record Suspension
- It does not erase the record; the record remains accessible to law enforcement and justice agencies.
- It does not guarantee entry to foreign countries, such as the United States, which may require additional waivers or permits.
- New convictions after a record suspension may lead to its revocation.
Record suspensions are a valuable tool for individuals seeking to rebuild their lives after completing their sentences and demonstrating rehabilitation.
