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 Suspensions are 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 your criminal offences. However, once a record suspension is granted, these records will be kept separate and apart from RCMP. Once you have been pardoned for 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 a criminal inadmissibility that may preclude you from proceeding with your immigration goals, a Record 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.

A record 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 a Record 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.