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WHAT is a Record Suspension?
Formally referred to as a Pardon, a Record Suspension removes a criminal record from the Canadian Police Information Centre (CPIC). The CPIC is essentially a database used by Canadian law enforcement officers to access information on multiple matters. A Record Suspension will seal your criminal record when criminal/background checks are issued. If you committed a criminal offence, completed your sentence and wait period, you may be eligible to receive a Record Suspension!
WHY should you obtain a Record Suspension?
With the current competitive job market, securing employment is often difficult. The criminal record creates another hurdle when applying for jobs. A Record Suspension will allow you to pass the criminal record check, giving you the opportunity to transition into a new role, obtain professional licensing, receive a higher income, and gain a promotion.
A criminal record can have negative consequences for those who are self-employed. Some companies, organizations, and government sectors request a criminal record check when sub-contracting to self-employed individuals. Additionally, subcontractors may be required to have specific insurance that could be difficult to obtain with a criminal record.
Please note, being employed at a position for several years does not suggest that future criminal record checks will not be requested. Some employers instruct existing employees to complete record checks due to company policies, laws, or for giving a promotion. Moreover, a criminal record could cause issues when renewing your license for specific jobs.
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WHO can apply for a Record Suspension?
If you have an adult conviction that is under a Canadian federal law (Criminal Code and Controlled Drugs and Substance Act), and/or have an international conviction that has traversed to Canada while you were completing that sentence*, you may be eligible for a Record Suspension. Regardless of whether you are a Canadian citizen or if you live outside of Canada, you may still apply.
Youth Criminal Records
If you had a youth criminal record, a Record Suspension is not required to remove your criminal record, unless the charges are included in the person’s adult criminal record.
You can apply for a Record Suspension for most types of offences, except for the following:
- If you have been convicted of a Schedule 1 offence under the Criminal Records Act. These offences involve sexual offences with minors (individuals under the age of 18)
There is an exception to the above circumstance. You may still apply for a Record Suspension if you meet all of the following four conditions:
- If you were not in a position of trust and authority towards the victim
- The victim was not in a relationship where they were dependent on you
- You did not coerce, use or threaten to use violence
- You were less than five years older than the victim
- If you have been convicted for more than three indictable offences where each offence required you to serve more than two years of imprisonment.
Please scroll down and fill our form to determine your eligibility. Once the form is submitted, an associate from Pardon Time will reach out to you.
WHEN are you eligible for a Record Suspension?
Currently, for summary convictions, an applicant must wait five years after the date they completed their sentence for their most recent offence before applying for a Record Suspension. Completion of sentences includes paying all fines, restitution, costs, surcharges, etc. Summary offences are considered “less serious” and include the following: impaired driving, common assault, theft under $5000, mischief under $5000, criminal harassment, etc. These offences typically involve lesser fines and shorter jail sentences.
For indictable convictions, the waiting period is ten years. These include “more serious” forms of offences such as theft over $5000, breaking and entering, drug trafficking, manslaughter, assault causing bodily harm, etc. For these offences, a jury may be present in trial, and the accused may have greater fines and longer jail sentences.
To determine your eligibility and see if you are qualified for a Record Suspension, please fill out the form below and a representative will get back to you.
WHERE and HOW does the Record Suspension get submitted?
The Parole Board of Canada (PBC) is the official federal agency that is in charge of granting, denying, or revoking Record Suspensions. Your final Record Suspension application will be submitted to the PBC located in Ottawa, to be reviewed and assessed holistically.
The course of obtaining a Record Suspension is not an easy task and requires completing a generous amount of paperwork, obtaining all essential legal documents, and reviewing the completed application before submitting the final package to the PBC. Nevertheless, the associates at Pardon Time are here to represent you before the Parole Board of Canada to make certain that your application process is carried out accurately and efficiently. Our highly trained team will gather, prepare, and put together your application, while ensuring that the final package is following the guidelines and requirements that are set out by the PBC.
Below lists some of the original documents that are included in the Record Suspension application:
- Certified Conviction Record
Once you have your digital fingerprints completed at an RCMP accredited location, your fingerprints will be sent to Ottawa to be processed. A certified conviction record will then be sent to our office. Our staff will then examine your conviction record to confirm whether a Record Suspension is required before proceeding any further.
- Court Information Form & Court Documents
We will need to obtain court information on all your charges. These documents will include details of your offences, court dates, the sentences you served, and the fines/restitution that was ordered. If there are charges that are not included in your conviction record, we will need to follow up with the court to attain further information.
- Local Police Records Check
The local police record check is obtained from the police services of each city/town the applicant resided in the past five years. These checks disclose information that may not be included in the conviction record (encounters with the police, provincial charges and outcomes, etc.).
- Military Conduct Sheet
If you were a former or current member of the Canadian Forces, a Military Conduct Sheet must be completed and certified.
- Documents to support Identification
If you were born in Canada you will need to provide government photo identification or certified documentation that proves your identity (driver’s license, passport, identification card, birth certificate, etc.) The same applies if you were born outside of Canada and do not live in Canada.
- Immigration Documents for non-Canadian citizens
If you are currently living in Canada, but were born in another country, you will need to provide copies of your Canadian Immigration documents (Canadian citizenship, PR card, etc.). If you do not have any Canadian immigration status, an official document must be acquired indicating so.
- Measurable Benefits Form
This form includes a couple of prompts to determine your rehabilitation progress, how you would benefit from a Record Suspension, and descriptions of the charges.
- Schedule 1 Exception Form
If you have been convicted of a Schedule 1 offence, the Schedule 1 Exception Form will need to be completed. The form is to provide support that each of the conditions mentioned under Schedule 1 offences is met.
- Affidavits/ Proof of paid restitution
In some instances, the court may not be able to provide confirmation/proof that all fines, restitutions, and surcharges were paid. Additionally, they may not be able to verify certain details related to the charges that are significant for the Record Suspension application. If you do not have any official documents providing this missing information, an affidavit is needed. An affidavit is a sworn written statement made under oath that is authorized by a notary public or commissioner of oaths.
- Final Forms/ Record Suspension Application Form
This form will need to be completed accurately and includes further information that is required by the Parole Board. This is the final document that will be completed before submitting your application to the PBC.
Essentially, there are three possible decisions that the Parole Board of Canada can make when assessing your application:
- Accepted – your application is accepted to be processed and reviewed. After reviewing your application, the PBC officer has made the decision to grant you a Record Suspension.
- Rejected – your application is not accepted to be processed and reviewed due to the application being incomplete or the waiting time being unfulfilled. We will make the necessary amendments to your application or resubmit your application when you are eligible.
- Denied – your application is accepted to be processed and reviewed. However, after reviewing your application, the PBC officer has made the decision not to grant you a Record Suspension. Typically in these situations, the PBC officer has found information that weakens your application (e.g. further criminal activity). The PBC will give you a period of time to provide support that the denied application should be revoked. If the PBC decides to deny the application after that, you must wait a year before reapplying.
*under the Transfer of Offenders Act or International Transfer of Offenders Act
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Please fill out the form below to see if you are qualified for a Record Suspension. Once submitted, one of our associates will get back to you.