Have you been convicted of a criminal offence and have a hard time finding employment in Canada or abroad and like to remove your criminal record from public screening? If this is your situation you may qualify for record suspension. The Canadian Parole Board receives over thousands of applications for record suspension to eliminate their criminal record from the public for good. So don’t worry you are not alone, if you have completed your sentence and have shown you are law-abiding citizen you may qualify to apply for record suspension.
A record suspension allows you to receive a pardon for a particular offence you committed. Once you have completed your sentence for a crime you been convicted for, you are eligible for a record suspension (also known as a pardon). Receiving a record suspension will give you a pardon on that specific offence. If you are convicted of a criminal offence and have completed your sentence and have shown you are law-abiding citizen for period of time you can request to keep your criminal record separate from your other criminal records.
To apply for a record suspension, you will apply to the Parole Board of Canada (PBC). In some cases, your application for a record suspension may be refused or revoked. This may be because of lack of information or improper filing. There also may be years before you can apply for a record suspension. In many of these cases it may be 5 or 10 years from which you completed your sentence. But, this depends on how many offences you committed or the seriousness of the crime (summary or indictable).
Even if your offence was a long time ago, the crime you committed will still be on present on your criminal record. This means it will not go away. It can go away by taking the necessary steps by you to remove which is to obtain a record suspension for the offense.
Yes, you can reapply for the record suspension and will need to send an application to the Parole Board of Canada. However, you can only do this one year after applying previously. When you do re-apply, you have a better chance of your record suspension application being accepted.
If you are outside of Canada, you will need to overcome your criminal inadmissibility. You can do this obtaining a US waiver (if American), temporary resident permit, or criminal rehabilitation.
It is highly recommended to prepare the paperwork well in advance because compiling the appropriate documentation can take several months. To process your application it can take between 1-2 years.
Your criminal record will not be removed even if the offence you committed was a long time ago. In all cases you must take the necessary steps to have it removed and obtain a record suspension.
However it is important to keep in mind that obtaining a record suspension will not erase the fact that you were convicted of a crime. Once you have been granted a record suspension, the record of your conviction will be kept separate from other criminal records. On the application the question you will most commonly be asked is “Do you have a criminal record for which record suspension has not been granted?” To this you would answer no, but if you are asked if you ever committed an offence, you will say yes but it has been pardoned.
These steps are only for if you committed the offence inside of Canada. If you committed the offence outside of Canada, then you will need to overcome it. For example, you can apply for a temporary resident permit, US Waiver (if American), or criminal rehabilitation.
The Royal Canadian Mounted Police (RCMP) processes record suspensions (pardons), revocations and cessation of record suspensions. The RCMP deals with sealing or reactivating the criminal record when a record suspension is granted, revoked, or ceased to have effect, and passes this information to other agencies on behalf of the Parole Board of Canada (PBC).
The organization that is responsible for record suspension would be the Parole Board of Canada (PBC). If you have questions and concerns in regards to your record suspension it should be forwarded to Parole Board of Canada office.
The RCMP will seal your criminal record upon notification that a record suspension has been granted by the Parole Board of Canada.
When charges against you were dismissed, stayed or withdrawn or did not result in a conviction you do NOT need to apply for record suspension. If you record is on the RCMP and your charges did not result in a conviction then you contact the office and request every information that was taken at the time of the arrest be destroyed. They may deny this request, if this happens contact the local police on what steps you need to take for non-convictions records to be removed from your record permanently.
You can send an appeal letter to the RCMP address and should include the following information in your letter.
No, young persons’ criminal records are processed differently than adults.
If you are planning to submit your own record suspension application it very important to read the guidelines for filling out record suspension forms. Every step should be completed accurately and doubling checking your work. To avoid delays in your application it is very important to take your time when filling out your form to avoid minor errors in the application.
Another important tip is making sure you answer all the questions truthfully. Once you completed this part go back and review your answers to make sure you have given accurate information and have not left anything important out.
Keep in mind that names are written on both sides of your forms and signing your name on all the forms where the signature is indicated. Failing to sign a form can be sent back to you with refusal.
Finally, making sure you got the proper stamps or seals for police record check forms and including a copy of your identification. Don’t forget to include your original documents where necessary.
Many times individuals attempt on filing their application on their own as a result applications are being returned due to incomplete or missing information. This then results into delays that can range from days to years which could put your entire life essentially on hold. To avoid this delays, it is recommended to hire an immigration expert that will fill out the application completely and accurately and if you have filed on your and it was refused we will determine why it was refused and work with you and the Parole Board. We will assist you every step of the way and ease your tension when we re-apply. Our immigration lawyers have a lot of experience in this area and are glad to help you out as well. Please don’t hesitate to contact us if you have any questions. Contact us at 416-477-2545 or call our toll free number at 1-877-820-7121 to book a consultation and determine your options available.
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