When are you Eligible for Rehabilitation?

The following will assist in the calculation of the start date of the 5-year or 10-year period:

Act: the date on which the act occurred

Conviction: the date of the end of the sentence

Conviction and sentence In absentia: not eligible for rehabilitation because the sentence has not been completed.

Imprisonment without parole: the date the term of imprisonment is completed.

Parole: the date on which parole ended

Probation: Is part of the sentence. Therefore, count from the end of the probation period.

Supervised release: the date is based on the termination date of the supervised release.

Suspended driver’s license: the period of suspension is included in the sentence. If there is imprisonment, the period of rehabilitation begins at the end of the completed sentence or at the end of the period of suspension, whichever is later.

Suspended sentence: the date of sentencing.

Suspended sentence with fine: the date on which the fine was paid, including any other costs, such as surcharges, court costs, restitution and compensation costs ordered by the Court. In the case of varying payment dates, the rehabilitation period starts on the date of the last payment.

Suspended Imprisonment: the date of the end of the term of imprisonment that was suspended, meaning the date the sentence would have ended had the sentence commenced immediately after the sentencing date. For example, in the case where the judge imposes a sentence of one month but suspends the execution of the order for two years, the rehabilitation period would begin one month after sentencing.

Suspension or probation longer than five years: this could result in a situation where you are eligible to apply for rehabilitation under the Act while still subject to the jurisdiction of a foreign court. Such applications can be submitted, but the Minister may refuse to grant rehabilitation until the applicant has complied with the terms of the suspended sentence or probation. A second application with a second processing fee would be required; if this is your situation, it is recommended that you wait until you are no longer under the jurisdiction of the foreign court.

Also, check our site dedicated to Denied Entry to Canada and Criminal Rehabilitation