Immigration Lawyer

Record Suspension

Immigration Lawyer

Record Suspension

In Canada, an offender can show their commitment to being a law-abiding citizen by obtaining a record suspension(A Pardon is now called a record suspension). The suspension is reviewed only after the individual has completed their sentence. It helps to separate their criminal record from the Canadian Police Information Centre (CPIC) database. As a result, the criminal recorddoes not appear in background checks, which helps individuals to access opportunities in areas of education and employment, thereby initiating their reintegration into society.

The Parole Board of Canada issues these suspensions and is responsible for refusing, granting, and revoking all record suspensions.

Who is eligible for record suspension?

As a convicted individual, you are eligible to apply for record suspension:

1. Complete all sentence terms

Ensure that all custodial sentences are completed, including any time served under conditional release.
Adhere to any probation period along with fulfilling all imposed conditions.
Clear all financial obligations such as fines, court costs, surcharges, or compensations, ensuring no outstanding balances remain.
Comply with any additional orders, such as counselling or community service.
You can apply if you have been convicted of an offence in Canada under a federal act as an adult.
You are eligible if you were convicted abroad and transferred to Canada to serve your sentence under the International Transfer of Offenders Act or Transfer of Offenders Act.

2. Waiting period

It is essential that the waiting period is fulfilled before applying for a record suspension. The length of time required before application varies depending on the type of offence.a) For a summary offence, which involves less serious crimes such as theft or minor assault, a 5-year waiting period is required.
b) For an indictable offence, which involves more serious crimes like major theft, fraud, or aggravated assault, a waiting period of 10 years is required.

Please note: All conditions of a sentence, including financial obligations and the probation period, must be met. The waiting period is crucial as it demonstrates that the convicted individuals have adhered to their sentence and have accountability for their actions.

3. Good Conduct

You must uphold good conduct during the entire waiting period. This involves abiding by all the laws and not having any sort of criminal charges further.
Showing good conduct will prove an individual’s rehabilitation and that theircommitment to meeting societal expectations.
It is important that the applicant show a commitment to positive change in the behaviour.

Who need not apply for record suspension?

If you were convicted in a youth justice court, the records are generally destroyed after a duration, as specified under the Youth Criminal Justice Act or Youth Offender Act.
If you have received a conditional or absolute discharge, you may not need to apply for a record suspension. For more information, you can connect with Royal Canadian Mounted Police Pardon & Purge Services.

Ineligibility for record suspension:

Individuals convicted of sexual offences against minors, such as child pornography or sexual interference, are ineligible for a record suspension.
An individual convicted of more than three indictable offences, each involving imprisonment of two or more years, is ineligible.
Individuals with a history of committing repeated offences that involve serious crimes and indicate persistent criminal behavior are ineligible for a record suspension.

Please note: If an individual has a driving or weapon prohibition order, they need not wait for the prohibition period to be completed. One can start applying for the record suspension if the prohibition order is still active; this will help to move with the application procedure faster.

What is the application process?

1. Gather all your criminal records

Submit fingerprints to the Royal Canadian Mounted Police (RCMP) to retrieve your criminal record.
Obtain a certified copy of your criminal record from the RCMP detailing your convictions, charges, and sentences.
Inform the Parole Board of Canada of all your convictions, accompanying them with the criminal record documentation.

Please note: If any of your convictions are missing, then you must provide a proof of conviction to the missing record. You can contact the hearing court or police service that arrested you for the missing information.

2. Get all court documents

Gather all necessary documents from the court where the sentence was served, ensuring they detail the offence, sentence, fines, and terms.
Verify the accuracy and completeness of these documents with court staff to avoid delays.
If applicable, collect documents from all relevant jurisdictions.

Please Note: If you were a member of the Canadian Armed Forces (regular or reserve), then you must provide a copy of a Military Conduct Sheet. Even if you don’t have any such recorded misconduct, you must get a letter from the commanding officer stating this fact.

3. Police Records Check

Acquire a police record of good conduct from every jurisdiction where you’ve resided in the past five years.
If you’ve lived outside Canada, provide a police record or a letter of law-abiding conduct from each country, translated if necessary.

Please note:The parole board of Canada will return the application if the ‘For police use only’ section on page 2 is incomplete. Ensure that the date stamp and signature from the local police service are present on the form.

4. Fill up the record suspension application form

Fill out the application on the Parole Board of Canada’s website meticulously, ensuring all questions are answered and documents attached.
Detail how the suspension will contribute to your rehabilitation and ongoing good conduct.

Please note: The Parole Board of Canada will return your application if the form is not filled out on both sides.

5. Pay the application processing fee

The processing fee for a record suspension is $50.00 CDN.
Keep the proof of payment carefully; you will need it in the application process.

Please note: The board does not accept personal checks or cash.

6. Submit your application

Organize all your documents along with supporting documents and submit them to the Parole Board of Canada. Ensure that you use the trackable mailing service.
The processing time varies depending on the specifics of your case and the number of applications.

How can our Immigration Lawyers help you?

The process of record suspension is a critical one. It has a lot of barriers related to the criminal record of an individual. At Nanda & Associate Lawyers, our experienced Immigration Lawyers will assist you with the entire process of record suspension. We willensure you meet all the eligibility requirements. Our Immigration Lawyers meticulously align all the information needed with the parole board of Canada; this minimizes the risk of errors. To receiveprofessional guidance from the initial to the final submission of your application, connect with us at 905-405-0199 now!

Frequently Asked Questions

How do you get a criminal history check in Canada?

Inside Canada: To obtain a standard criminal record check for employment or voluntary work, particularly when working with vulnerable sectors like children or elderly people, visit your local police service to have your fingerprints taken. Some police services may direct you to a fingerprinting company. Bring your identification, fill out the required form, and pay any applicable fees to process your application for a certified criminal record.

Outside Canada: First, visit an authorized agency such as an embassy, police service, or consulate in your area to give your fingerprints. Ensure that the fingerprint form is completely and accurately filled out. Submit your application to an accredited Canadian company. Contact the RCMP in Canada to have your fingerprints digitized and submitted electronically to the RCMP’s Canadian Criminal Real Time Identification Services (CCRTIS).

Please note: Do not send your fingerprints directly to the RCMP; they will not be accepted or processed.

Is a record suspension the same as pardon?

Yes, in Canada, a record suspension is equal to a pardon. The term was replaced in 2012 when the Canadian government amended the Criminal Records Act. Both terms refer to the official process of setting aside a person’s criminal record in the Canadian Police Information Centre (CPIC) database.

What are the limits of a record suspension?

A record suspension does not erase a criminal record permanently but merely sets it aside, making it less accessible and removing it from the national database. t is important to note that a record suspension is not recognized outside of Canada, and the suspended record may still appear in checks for positions involving vulnerable groups. If there is a re-offense, the suspension can be revoked or ceased. The suspension does not affect other legal consequences such as court-ordered prohibitions, driving restrictions, or firearm possession.

Is the Measurable Benefit/Sustained Rehabilitation Form important?

Yes, this form is crucial for individuals with indictable offenses seeking a record suspension. It allows an offender to demonstrate the benefits they will gain by obtaining the record suspension and to explain the positive changes in behavior, supporting the decision to grant the record suspension.