In order to remove your criminal record from a public record, you must first apply for a Record Suspension, or also known as a Pardon. In March of 2012, the eligibility requirements had changed for the waiting period for a summary offense from three years to five years which evidently affected the lives of many with a criminal record. With the new Liberal government, they are considering more changes to improve the lives of individuals with criminal offenses. Watch our video below on the new rules to Pardons Canada and how this will affect individuals with criminal records.
New Rules for Pardons in Canada Video
It is very important to consider all of the other eligibility requirements that individuals must have in order to receive a Record Suspension, not only the waiting period. For instance, the individual must have been convicted of an offence in Canada, under the Canadian federal act or regulation; they must not have received an absolute or conditional discharge for the offence; they must not have been convicted as a young offender for the offence; they must not have been convicted of a Schedule 1 offence as listed under the Criminal Records Act; they must not have been convicted of more than three offences that were prosecuted by indictment, each with a prison sentence of two years or more; they must have completed all of the sentences; and last but most important to this video, they must have completed the required waiting period, which only starts after they have completed all of their sentences in full.
As of right now, individuals who have summary offences are required to complete a five year waiting period from the end of their punishment and individuals who have an indictable offence are required to complete a ten year waiting period from the end of their punishment. These new longer waiting period were as a result of the new legislation introduced in March of 2012 by the Conservative government. However, the Liberal government is hopeful and has stated that they are willing to re-consider the changes made by the Conservative government in 2012, especially with regards to the eligibility requirements for pardons and record suspensions.
If you would like to apply for a Record Suspension but are unsure what documents to include with your application or how to get started then please don’t hesitate to contact us at 416-477-2545. Our immigration experts will be glad to assist you with your immigration matter.
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