If you have beenconvicted of an offenceand you have successfully completed your sentence you may beeligible for a pardon. To be eligible you need to have completed your sentence and demonstrate you are a law-abiding citizen. Once the pardon is granted, you can then you’re your criminal record kept separate and apart from other criminal records.
What Is A Criminal Record?
Acriminal record is a record of criminal activity, regardless of the outcome in court. Even after several years, even if it concerns a minor offence, a criminal record does not disappear automatically. Having a prior criminal record can create issues with many important things in life, including travelling. You need to overcome this prior to entering Canada. If you have committed the offence in Canada, then you may need to apply for a Pardon.
If you have been charged with a crime, even if you were found not guilty or were never convicted, you do have a criminal record. Getting an RCMP clearance might be your best bet to knowing what really is on your record.
Depending on your offence you either need to wait 5 or 10 years from the date you successfully completed the sentence which was imposed on you. Once you meet the requisite time period and by providing proper supporting documents of good conduct you may be granted a pardon.
Record Suspensionsare not granted if you have a sexual offence to a minor or if you have done jail time for over 2 years more than 3 times.
This is a very good question. Many clients come to us as they have been denied the pardon after they applied on their own. Many applications get denied because of a lack of information or improper filing. It is therefore essential that there is full disclosure and that your documents clearly show you are rehabilitated. If an application is denied, then you can re-apply after one year.
It takes an average of 12-24 months for a record suspension application to be processed and granted. However, to prepare the record suspension application, many documents must be collected. Acquiring the proper supporting documents takes between 3-10 months. Therefore, it is a good idea to start preparing the application well in advance of your eligibility date. Please contact us for the complete list of required documents. We are here to help you.
There will always be a record of all yourcriminal offences. However, once arecord suspension is granted, these records will be kept separate and apart from RCMP. Once you have beenpardonedfor your past offences, then the information pertaining to your past record will not be disclosed without the specific approval of the Minister of Public Safety.
Usually, the question will not be, “Have you committed an offence.” Usually, the question will be, “Do you have a criminal record for which record suspension has not been granted?” The answer to that question is NO.
Should the first question arise, then you can state, “YES, but I have been pardoned for my past offence.”
That will be unfortunate as your record suspension can be revoked. If you are convicted of an indictable offence (more serious offence), your record suspension ceases, and your past convictions will once again be on your criminal record. If you are convicted of a summary offence (less serious) or given a discharge, it will be dealt with on a case-by-case basis. So it is important proper submissions are made so that your pardon is not revoked.
No. You will require only one so long as the requisite waiting period of 5 or 10 years has passed for each of your convictions, and if you have met all of the other requirements, you can apply to have all of your convictions pardoned/suspended at the same time.
This is another good question. Although you may not have been found guilty or convicted, your fingerprint number will be revealed in criminal record searches. So what you can do is usually have your record destroyed if you were not found guilty. This way, it will get rid of everything on your record.
No. Criminal convictions are not automatically destroyed or sealed. The individual must take steps and apply to have their record removed.
If you face acriminal inadmissibilitythat may preclude you from proceeding with your immigration goals, aRecord Suspension,formerly known as a pardon, maybe for you. The Parole Board of Canada is the official and only federal agency responsible for making decisions on matters of record suspension.
Therefore, only the Parole Board of Canada can order, refuse or revoke a record suspension.
You Cannot Apply For A Record Suspension If You Have Been Convicted Of:
a Schedule 1 Offence (sexual offence involving a child) under the Criminal Records Act;
more than three (3) offences prosecuted by indictment, each with a prison
You Can Apply For A Record Suspension If You:
Were convicted as an adult of an offence in Canada under a federal act or regulation of Canada;
Were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act.
Arecord suspension keeps a record of a conviction separate and apart from other criminal records and gives law-abiding citizens an opportunity to reintegrate into society. It removes all information about the conviction from the Canadian Police Information Centre (CPIC) database. A record suspension removes disqualifications caused by a criminal conviction, such as the ability to contract with the federal government or eligibility for Canadian citizenship.
Note if you are convicted of a new offence after obtaining a record suspension, this may reactivate the CPIC database to include the separated information.
Be advised that aRecord Suspension does not erase the fact that you have ever been convicted of a crime. Records of your convictions will still exist however, they will not appear in and be kept separate from other criminal records.
Record Suspension Application
A Record Suspension may be a viable option if you are a permanent resident seeking to become a citizen and have committed an offence in Canada. This record suspension will not wipe the slate clean, as a record of your conviction will still be kept, but information about this conviction will be kept separate from other criminal databases.
Therefore, these offences will not appear in a background check. The goal of a record suspension is to allow rehabilitated people the opportunity to resume normal life and adapt back into society without facing the difficulties of having a criminal record.
Note, if you do re-offend after you have received your record suspension, your previous offences may return to appearing in normal criminal searches.
Akrami & Associates Can Help You Achieve Your Goals In Canada. Contact Us Today!
If you intend on submitting your application without the support of a representative, there are a couple of factors you should keep in mind.
Sentences And Fines
Before you canapply for a record suspension, you will need to make sure that you have complied with and completed all the sentences and fines associated with your convictions. This includes:
all fines, surcharges, costs, restitution and compensation orders;
all sentences of imprisonment, conditional sentences, including parole and statutory release;
any probation order(s).
After completing all of your sentences, you must have completed a waiting period:
5 years for a summary offence (or a service offence under the National Defence Act).
10 years for an indictable offence (or a service offence under the National Defence Act for which you were fined more than $5,000, detained or imprisoned for more than 6 months)
How Do I Know How Long To Wait Before I Am Eligible For A Pardon?
You do not need to wait if you were found not guilty for the offense you were charged
10 years for indictable convictions
Pardon record suspension will NOT be granted if your charge was a sexual conviction where the victim was a minor
Pardon record suspension will NOT be granted if you have 4 or more indictable convictions, each of which 2 years or more of jail time was served
If your offense was discharged then the waiting period begin from the court date
For convictions, waiting periods begin once the sentence imposed by the court is satisfied.
What Is Included In A Sentence?
For the purpose of applying for a Pardon, a sentence means the conditions that a judge ordered you to complete. A sentence can include one or a combination of the following:
Fine / Surcharge payment – this is paid to the court.
Probation – you must report to a probation officer.
Restitution – payment made to an injured party. For example, if you broke someone’s car window, you may be ordered to pay for the repair.
Conditional Sentence Order – similar to jail time but served in the community. This type of order is usually made in the case where traditional jail is not seen as appropriate.
Prohibitions (such as driver’s license suspension, or not being allowed to possess firearms) are NOT INCLUDED in calculating eligibility for a pardon/record suspension.
Are There Any Advantages To Starting The Process Now?
Yes. Even if the exact date of eligibility is known, it is important to begin collecting the necessary paperwork as soon as possible because it can take several months. Most documents do not expire, so acquiring them in advance is a good idea. Also, if there are any complications with your file, we will be able to spot them and remedy them well in advance of your eligibility date.
We Can Help You With Your Record Suspension Application!
We have dealt with hundreds of Record Suspension Application cases. We have helped our clients in their difficult situations and have guided them to draft a more effective application. We can help you draft your application and arrange the required documents. A well-planned and complete application will increase your likelihood of acceptance and will save you from hassle.
If you are worried about the legal fees, don’t be! Our goal is to help everyone that is interested in immigrating to Canada. Contact us, and we can provide numerous options for you. You can also purchase our very affordable Do it Yourself Immigration Kit, which details everything for you. If you are still not sure, feel free to get back to us. We will review your case before you submit it to give you the best possible outcome.
Akrami and Associates is a Canadian Immigration firm specializing in helping people to immigrate to Canada. Collectively our team have worked on thousands of cases involving all Canadian immigration matters involving permanent residencies, temporary residencies, and business immigration.