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Criminal Rehabilitation Requirements

Posted in Criminal Rehabilitation

If you have a criminal inadmissibility, travel to Canada can be difficult if not all together not possible without the proper authorization. Qualifying for Criminal Rehabilitation depends on the seriousness of your offence as well as when it actually occurred. More than that, you must have satisfied all the conditions of your sentence.

If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

  • You are eligible to apply for rehabilitation : five (5) years after completion of the sentence imposed.

If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:

  • You are eligible to apply for rehabilitation : five (5) years after commission of the offence.

If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:

  • You are eligible to apply for rehabilitation : five (5) years from completion of the sentence or commission of the offence.

If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:

  • You are not eligible to apply for individual rehabilitation and must wait five years since the sentence was served or to be served to be deemed rehabilitated

Determining when to count these five years for the situations above can also cause some confusion. Below is a guide to know when the count may begin.

Suspended sentence: count five (5) years from the date of sentencing.

Suspended sentence with a fine: count five (5) years from the date the fine was paid. In the case of varying payment dates, the rehabilitation period starts on the date of the last payment.

Imprisonment without parole: count five (5) years from the end of the term of imprisonment.

Imprisonment and parole: count five (5) years from the completion of parole.

Probation: probation is part of the sentence. Count five (5) years from the end of the probation period.

Driving prohibition: count five (5) years from the end date of the prohibition. You are prohibited by the Criminal Court from driving.

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