A criminal record can significantly impact your ability to access employment, housing, or international travel. For individuals who have demonstrated good conduct and wish to move forward, a record suspension provides a pathway to separate past convictions from their current lives.
What is a Record Suspension?
A record suspension (formerly known as a pardon) is a legal mechanism under the Criminal Records Act (CRA) that allows individuals convicted of criminal offences to have their record kept separate and apart from other criminal records. This process ensures that a standard criminal record check will not reveal the conviction, helping individuals reintegrate into society.
Benefits of a Record Suspension
A record suspension can provide numerous advantages, including:
- Employment Opportunities: Many employers require criminal record checks. A record suspension ensures that past convictions do not appear, enabling access to jobs.
- Volunteer Work: It allows individuals to pursue volunteer roles that require a clean record.
- Travel Opportunities: While it does not guarantee entry into other countries, it may improve the likelihood of securing travel permissions, depending on the destination.
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Limits of a Record Suspension
While beneficial, a record suspension has its limitations:
- It does not erase a conviction but merely sets it aside.
- Certain offences, such as sexual offences involving children, remain flagged in the Canadian Police Information Centre (CPIC) database and may appear in vulnerable sector checks.
- It does not guarantee entry into other countries or affect driving or weapon prohibition orders.
- A record suspension can be revoked if:
- You are convicted of a new offence.
- You are found not to be of good conduct.
- False or misleading information was provided during the application.
Provincial and Municipal Considerations
While a record suspension applies to records held by federal agencies, provincial and municipal records may still exist. You may need to contact local police or court offices to request that these records also be kept separate and apart.
Eligibility Criteria for a Record Suspension
Who Does Not Require a Record Suspension?
You do not need to apply for a record suspension if:
- You received an absolute discharge (removed automatically after one year) or a conditional discharge (removed automatically after three years).
- You were convicted as a youth offender and the applicable time period under the Youth Criminal Justice Act or Young Offenders Act has elapsed.
Who is Eligible?
You may apply for a record suspension if:
- You were convicted of an offence under a federal act or regulation in Canada.
- You were convicted of a crime in another country and transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act.
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Who is Ineligible?
You may be ineligible to apply if:
- You were convicted of a Schedule 1 offence (sexual offences involving children), unless specific exceptions are met.
- You were convicted of more than three indictable offences, each with a prison sentence of two years or more.
Completion of Sentence and Waiting Periods
To apply for a record suspension, you must have completed all aspects of your sentence, including:
- Payment of all fines, surcharges, restitution, and compensation orders.
- Completion of imprisonment, conditional sentences, and parole.
- Fulfillment of any probation terms.
Waiting Periods
The waiting period begins after the completion of all sentences and depends on the date and type of offence:
- Before June 29, 2010:
- 5 years for indictable offences.
- 3 years for summary offences.
- Between June 29, 2010, and March 12, 2012:
- 10 years for serious personal injury offences or Schedule 1 offences prosecuted by indictment.
- 5 years for other indictable offences.
- 3 years for summary offences.
- On or after March 13, 2012:
- 10 years for indictable offences.
- 5 years for summary offences.
The Application Process
Applying for a record suspension involves several steps. While you can complete the process independently, legal assistance can help avoid errors or delays.
Steps to Apply:
- Obtain Criminal Record Information: Request your record from the RCMP and collect court documents for all offences.
- Complete Local Police Record Checks: Gather police checks for all locations where you have lived in the past five years.
- Confirm Eligibility: Ensure you meet the waiting period and sentence completion requirements.
- Complete the Application Package: Fill out all required forms, including the Measurable Benefit/Sustained Rehabilitation Form.
- Submit to the Parole Board of Canada (PBC): Pay the application fee and provide supporting documents.
Have You Been Charged with a Criminal Offence?
An experienced criminal defence lawyer is essential when facing criminal charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer
Don’t hesitate to reach out to us if you have been charged with a criminal offence. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.