Applying for Criminal Rehabilitation is no easy endeavour. It required in depth knowledge of the Canadian Criminal Code, Immigration Regulations as well as the ability to research and interpret foreign criminal codes and laws. If you are seeking to apply for individual Criminal Rehabilitation, we strongly suggest you seek the aid of a legal representative as you will require them to make the appropriate legal arguments.
Akrami & Associates will guide you every step of the way with this. Contact us for more details.
If you intend on submitting your application without the support of a representative, there are a couple of factors you should keep in mind.
Types of Offenses
Summary offences – These are less serious offences. The maximum penalty for a summary offence is usually a $5,000 fine and/or six months in jail. Some summary offences have higher maximum sentences. They include breaches of a probation order.
Indictable offences – These are more serious offences and include theft over $5,000, break and enter, aggravated sexual assault and murder. Maximum penalties for indictable offences vary and include life in prison. Some indictable offences have minimum penalties.
Hybrid offences - These are offences that can be dealt with as either summary or indictable. Crown counsel makes the decision about how the offence will be handled.
Depending on the gravity of the offense and when it occurred, you could be considered deemed criminally rehabilitated. You may be deemed rehabilitated, depending on:
- the crime you committed
- how serious the crime was and how much time has passed since you completed the sentence imposed for your crime:
- 10 years for one indictable offence
- five years for two or more summary convictions
- whether you have committed one or more crimes and
- if the crime would be punishable in Canada by a maximum prison term of less than 10 years.
Before you attempt to travel to Canada you should be sure you will qualify before you try to enter the country. Otherwise, you could be found inadmissible to Canada when you arrive at the border. It is in your best interest to be assessed by the Canadian embassy, high commission or consulate responsible for your area. This will help ensure you do not travel to Canada only to be refused entry or be subject to other enforcement action.