How soon can you initiate a pardon application? Insights for securing a criminal record suspension!
In Canadian legal practice, the prospect of redemption is woven into the fabric of the law. Following the commission of a transgression or an offense from years past, you possess the right to distance yourself from this mistake. To achieve this, you are left with a singular recourse: applying for a criminal record suspension.
Contrary to common belief, a mere application does not inherently assure the approval of a criminal record suspension. This underscores the importance of engaging a legal professional to present your application to the National Parole Board.
Lawyer Central can connect you with a seasoned criminal lawyer who will guide you through the application process. Learn about the intricacies of this procedure to enhance your chances of success!
Pardon and the repercussions of a record suspension
An individual’s criminal record, documented and maintained by the Royal Canadian Mounted Police (RCMP), is accessible to the public. A criminal record can impede employment opportunities, despite the notion that a correlation between the committed offense and the job requirements should be the basis for such judgments. Unfortunately, individuals with a criminal record often face disadvantages.
A record suspension can significantly alleviate challenges related to employment and international travel. If approved, a suspension simplifies employment prospects by removing the case file from the Canadian Police Information Centre database.
The term “pardon” has been superseded by “record suspension.” While it does not absolve guilt or alter the past, a suspension renders your criminal record inaccessible to the general public.
In the realm of international travel, it’s crucial to recognize that each country has distinct immigration laws with specific entry conditions. Some nations may still reject entry, even if your criminal record has been suspended.
A record suspension doesn’t equate to a clean slate, but it does offer a fresh start for personal and professional endeavors.
When is the appropriate time to seek a pardon?
Applying for a pardon necessitates adherence to specific timelines. The objective is to conceal the legal consequences of a criminal conviction, requiring a prescribed waiting period before submitting an application. Distinctions must be made between summary and criminal offenses.
For serious crimes, the waiting period is 10 years, encompassing offenses of gravity and considerable moral turpitude such as murder, manslaughter, and sexual assault.
For summary offenses, the waiting period is five years post-conviction. These pertain to less severe crimes under the Criminal Code, without a preliminary inquiry, and punishable by six to 18 months.
However, meeting the time limit doesn’t guarantee pardon approval. The National Parole Board assesses eligibility based on specific criteria.
What are the eligibility criteria for a pardon?
Meeting the stipulated waiting period is imperative. However, to secure a meaningful record suspension, the National Parole Board evaluates various criteria specific to the applicant, the crime’s circumstances, and the individual’s path to rehabilitation.
Considerations include:
Absence of subsequent crimes: The Board examines if you have been convicted of new offenses since the one for which you are seeking a pardon, with the applicable waiting period starting from the last offense conviction.
Good conduct and rehabilitation proof: The Board ensures the applicant has demonstrated sufficient good conduct and that a pardon would aid in rehabilitation and societal reintegration.
Severity and circumstances of the offense: The Board evaluates the gravity and circumstances of the offense, emphasizing the importance of showcasing good behavior and rehabilitation, particularly for serious crimes.
Individuals convicted of cannabis-related offenses since legalization may apply for a suspension without waiting five years. Not all crimes are eligible for a record suspension, with exceptions for offenses involving child sexual abuse and life sentences.
Who qualifies for a criminal record suspension?
According to the Parole Board of Canada, you are eligible to apply for a record suspension if you meet the following criteria:
Convicted of an offense in Canada as an adult under a federal act or regulation.
Convicted of a crime in a foreign country and transferred to Canada to serve a sentence under the International Transfer of Offenders Act or the Transfer of Offenders Act.
Notable exceptions include cases where an absolute or conditional discharge was granted, or if the conviction occurred in a youth justice court or juvenile court. Records under the Youth Criminal Justice Act are automatically destroyed when the applicable time periods expire.
The Parole Board of Canada lacks authority over youth offenses before 1996 that are not on your criminal record, necessitating contact with the relevant court or police agency for record suspension.
Additional conditions for a record suspension application include:
Completion of all costs, restitution, compensation orders, and fines.
Fulfillment of sentences for imprisonment, including conditional sentences, parole, and statutory release.
Compliance with probation orders.
How can a lawyer assist with a criminal record suspension application?
While the National Parole Board does not mandate legal representation for pardon applications, engaging a lawyer significantly enhances your chances of success.
A qualified criminal lawyer can provide guidance in the following areas:
Evaluation of eligibility: The lawyer assesses your criminal record and offenses to determine compliance with the required waiting period. Certain crimes, such as sexual assault on minors, may not be eligible for a pardon.
Gathering necessary documents: Your lawyer collects essential documents, including your criminal record and arrest reports, for thorough examination before presenting the request.
Preparation and submission of the application: This crucial step involves crafting the application in a manner conducive to acceptance. The lawyer manages the application’s progress with the Board and negotiates if necessary.
Frequently asked questions about applying for a pardon in Canada
A criminal record raises numerous concerns and questions due to its profound impact on an individual’s life. Obtaining clear answers is best achieved through consultation with a lawyer. Lawyer Central connects you with licensed and experienced criminal attorneys to address your inquiries.
Here are some frequently asked questions about applying for a criminal record suspension:
Is a pardon the same as a criminal record suspension?
The term “pardon” was replaced by “record suspension” in March 2012. While procedures remain unchanged, eligibility rules have evolved. A record suspension is equivalent to a pardon.
How long does it take to process and obtain a pardon application?
Processing times vary based on the offense type. Summary offenses may take approximately six months, while offenses tried by indictment could take one to two years.
How is the eligibility period calculated for multiple crimes?
The rule remains consistent, with the most recent crime setting the starting point for the waiting period calculation. Applying for a record suspension covers all crimes on the record, with evaluation conducted for each.
Is a record suspension valid for life?
While record suspensions do not expire, the Board retains the authority to revoke them if a new offense is committed or if dishonesty is demonstrated in the application.
Is hiring a lawyer mandatory for a criminal record suspension request?
While not obligatory, hiring a lawyer is highly recommended to ensure a thorough and accurate application.
How much does a criminal record suspension cost?
Government fees, such as fingerprinting and RCMP certification, vary by location. Police stations may charge additional fees for criminal activity verification. The total cost depends on your location.
What information is visible in my record without a suspension?
Without a record suspension, potential employers can access information on arrests resulting in convictions, including conditional and absolute discharges.
What happens to my records post-criminal record suspension?
Upon approval by the Parole Board of Canada, sealed records prevent disclosure during criminal background checks. Local police and courts also seal their records.