Pardon & Record Suspension

A Pardon in Canada, also known as a Record Suspension, is a legal process that removes an individual’s criminal record from the Canadian Police Information Centre (CPIC) database, which is maintained by the Royal Canadian Mounted Police (RCMP).

Purpose

• It allows individuals to have a clean background check in Canada, as their criminal record will not show up, thereby removing barriers to employment, volunteering, travel, promotion, education, bonding for a job, and resolving legal matters related to family, including custody and adoption.

Difference between Pardon and Record Suspension

• The terms “Pardon” and “Record Suspension” refer to the same outcome: the removal of a criminal record from CPIC.
• The change in terminology occurred in March 2012 through legislative modifications to the Pardon process, but the impact remains unchanged.

Authority Responsible

• The Parole Board of Canada (PBC) is the sole government agency authorized to grant, refuse, or revoke Pardons and Record Suspensions under the Criminal Records Act.

Benefits

• Removing the disadvantages of a criminal record enables individuals to pursue employment, volunteering, travel (including to the United States under certain conditions), promotion, education, residency, and family legal matters without hindrance.

Limitations

• Despite the benefits, a Pardon or Record Suspension does not erase the conviction itself.
• It does not grant access or visas to foreign countries, especially if the conviction is for a sexual offence.
• Certain checks, like Vulnerable Sector Checks, may still reveal convictions for sexual offences.

Cancellation or Revocation

• The PBC can cancel or revoke a Pardon or Record Suspension under various circumstances, including new convictions, misconduct, false statements during the application process, or ineligibility.

Disclosure

• The Minister of Public Safety holds the authority to disclose a Pardon in exceptional cases, such as the commission of another serious criminal offence.

Cannabis Record Suspension

• Individuals convicted of simple possession of cannabis may be eligible for a Cannabis Record Suspension, which has shorter eligibility periods compared to traditional Pardons or Record Suspensions.

File Destruction

• File Destruction, or Non-Conviction Record Destruction, is a process to remove non-conviction criminal records, such as fingerprints and photographs, if an individual was charged but not convicted under the Criminal Code of Canada.

Eligibility and the Application Process

• Apply to the Parole Board of Canada (PBC), the sole agency responsible for Pardons or Record Suspensions.
• Fill out the PBC application completely and pay the $50 processing fee.
• Submit additional documentation such as fingerprints, criminal records, court documents, and police checks, with fees incurred by the applicant.

• Regardless of where you live or where the offense occurred, apply to the Parole Board of Canada for a Pardon or Record Suspension.
• The federal rules govern the process, including in Ontario.

• Complete all aspects of your sentence, including imprisonment, probation, and financial obligations.
• Wait for a designated period after satisfying financial obligations.
• The waiting period varies based on the date of the first offense, the nature of the offense, and how it was prosecuted.
• For offenses involving cannabis possession, no waiting period is necessary; one can apply for a Cannabis Record Suspension.
• Waiting periods:
  • Before June 29, 2010:
    • 5 years for offenses prosecuted by indictment.
    • 3 years for offenses prosecuted by summary conviction.
  • Between June 29, 2010, and March 12, 2012:
    • 10 years for serious offenses with a prison term of at least two years or sexual offenses involving a child (indictment).
    • 5 years for other offenses (indictment) and sexual offenses involving a child (summary conviction).
    • 3 years for offenses prosecuted by summary conviction.
  • On or after March 13, 2012:
    • 10 years for offenses prosecuted by indictment.
    • 5 years for offenses prosecuted by summary conviction.

Ineligibility

• Conviction for offenses listed in Schedule 1 of the CRA (sexual offenses involving a child).
• Conviction of more than three offenses prosecuted by indictment, each with a sentence of two years or more.

Can I submit a separate Pardon application in Ontario?

• No, Pardon applications are handled federally by the Parole Board of Canada, irrespective of your residency or where the offense occurred.

When do I become eligible to apply for a Pardon in Canada?

• Eligibility criteria, including completion of your sentence and adherence to waiting periods based on offense type and date committed, are outlined in the Criminal Records Act (CRA).

Which offenses are not eligible for Pardon in Canada?

• Offenses listed in Schedule 1 of the CRA, particularly sexual offenses involving a child, and those with multiple serious convictions, are ineligible for Pardons.

When am I eligible to apply for a Pardon if convicted of cannabis possession?

• Individuals convicted of simple cannabis possession are immediately eligible for a Pardon, while those charged but not convicted require a File Destruction.

What happens if my Pardon application is rejected?

• Rejections may result from incomplete applications or insufficient eligibility periods. Denials are usually preceded by communication from the PBC, allowing applicants to respond before reapplying after one year.

Is there an option to expedite my Pardon application in Canada for urgent situations?

• No, all applications are processed equally without expedited options available.

How long does it usually take to receive a Pardon in Canada?

• The process involves a preparation stage (3 to 12 months) and a processing stage (6 to 12 months), with variations based on offense severity and completion of eligibility periods.

Background Checks & Criminal Records in Canada

What information appears on a criminal background check in Canada?

• Complete records, convictions, non-convictions, or confirmation of a criminal record’s existence.

What does a local police criminal record check include in Canada?

• Convictions, non-convictions (withdrawn, dismissed, etc.), pending charges, and incident details from local police and CPIC databases.

How can I know if I have a criminal record in Canada?

• If convicted, charged (even without conviction), fingerprinted, or involved in a criminal investigation.

What is a CPIC criminal record check?

• A background checks for employment, volunteer work, adoption, immigration, travel, and name changes, searching for criminal activity traces in the CPIC database.

Will a charge without conviction appear on a Police record check in Canada?

• Yes, even charges without conviction show up, necessitating steps like File Destruction for removal.

Do I need a Pardon or Record Suspension for Conditional or Absolute Discharges in Canada?

• No, records for both types of discharges are automatically removed from the RCMP’s database after specific periods.

Will withdraw or stayed charges affect my criminal record in Canada?

• Yes, both types of charges remain on record until removed through File Destruction.

Do dismissed charges result in a criminal record in Canada?

• Yes, dismissed charges are considered non-convictions and remain on record until removed.

Do I have a criminal record if found not guilty in Canada?

• Yes, even if not guilty, non-convictions stay on record until removed through File Destruction.

Will a peace bond show up on a criminal background check in Canada?

• Yes, it will appear as a police record, indicating a charge without conviction, requiring File Destruction for removal.

Does your criminal record clear after 7 years in Canada?

• No, it remains unless cleared through a Record Suspension, persisting throughout your life.

Employment in Canada

Can an employer discover if I faced charges but was not convicted in Canada?

• Yes, records of criminal charges, even without conviction, are accessible.
• Background checks for employment often reveal non-conviction charges.
• Consider File Destruction to eliminate traces of non-conviction charges for a clean record.

Does my employer have the authority to view my criminal record in Canada?

• Yes, but only with your explicit consent for a background check.
• Employers commonly request this authorization during the hiring process.
• To keep your record private, consider a Pardon, Record Suspension, or File Destruction.

Can my employer determine if I received a Pardon or Record Suspension in Canada?

• No, obtaining a Pardon or Record Suspension removes your record from databases.
• Employers conducting criminal background checks would not find any record of past convictions.

Will my job be affected by my criminal record if I’ve been with the same company for a while?

• Potentially, as many companies conduct background checks on both new and current employees.
• A discovered criminal record could impact employment and future opportunities.

Can I receive a promotion if I have a criminal record in Canada?

• Possibly, but many employers now require background checks for promotions.
• Companies are increasingly implementing stricter policies for protection.

As an independent contractor in Canada, can my criminal record affect my earnings?

• Yes, many companies prefer contractors without criminal histories.
• A criminal record could result in missed job opportunities and impact earnings.

Travelling Outside Canada

Can I travel to the USA if I get a Pardon or Record Suspension in Canada?

• It hinges on your prior entry history to the United States.
• A Pardon or Record Suspension in Canada bars the U.S. from accessing your criminal record.
• If previously denied entry, obtaining a U.S. Entry Waiver might be necessary.

Can I travel to other countries if I get a Pardon or Record Suspension in Canada?

• Possibly, as other countries may not acknowledge Canadian pardons or record suspensions.
• While your record remains inaccessible, entry depends on each country’s regulations.

Can I travel to the USA with a criminal record in Canada?

• Generally, no, unless you’re a U.S. citizen or possess Native Indian legal status.
• All visitors undergo screening by U.S. Customs and Border Patrol Officers.
• A criminal record typically results in entry refusal, necessitating a U.S. Entry Waiver.

DUI in Canada

Will my DUI be visible on a Police or RCMP background check in Canada?

• Yes, both Police and RCMP background checks in Canada will disclose your DUI charge.
• DUI offenses, such as Impaired Driving and Over 80, are considered criminal offenses.
• A Record Suspension or Pardon is necessary if convicted to conceal it from future checks.
• If charged but not convicted, consider File Destruction to eliminate traces of the charge.

Is a DUI considered a criminal record in Canada?

• Yes, a DUI results in a criminal record in Canada.
• DUI charges, including Over 80 and Impaired Driving, are criminal offenses.
• A criminal record is generated regardless of conviction status.

How long does a DUI remain on your criminal record in Canada?

• A DUI conviction stays on your criminal record for up to 80 years, possibly extending to 100 years.
• Pursue a Pardon or Record Suspension after completing sentences and the required waiting period to remove it.

When am I eligible for a Pardon or Record Suspension in Canada for my DUI criminal record?

• Eligibility for a Pardon or Record Suspension depends on completing sentences and waiting 3 to 10 years.
• Timing varies based on the offense’s nature and prosecution.

How long does it take to obtain a Pardon or Record Suspension in Canada for my DUI?

• The process typically takes 6 to 12 months after becoming eligible.

How can I obtain a Pardon for a DUI in Canada?

• Apply to the Parole Board of Canada for a Pardon or Record Suspension.
• Criteria include completing sentences, maintaining a law-abiding lifestyle, and meeting waiting period requirements.

Will my DUI arrest or charge appear on my Police or RCMP background check in Canada if I was not convicted?

• Yes, even if not convicted, a DUI arrest or charge will be visible on background checks.
• Arrest records, fingerprints, and photographs are retained unless removed through the File Destruction process.

Immigration to Canada

Can I attain Canadian citizenship with a criminal record?

• Yes, but it will pose challenges.
• Immigration, Refugees, and Citizenship Canada evaluates both domestic and foreign criminal convictions.
• Certain circumstances, such as recent indictable convictions, being incarcerated or on parole, or under a removal order, may impede citizenship.
• Clearing domestic convictions with a Pardon or Record Suspension can simplify the citizenship process.

Can I obtain permanent residency with a criminal record?

• Yes, permanent residency is attainable with a criminal record, although it’s advisable to address it beforehand.
• Domestic convictions can be addressed with a Pardon or Record Suspension.
• Foreign convictions can be managed through Criminal Rehabilitation.

Can I become a Canadian citizen if I faced charges but was not convicted?

• Yes, being charged but not convicted (a non-conviction) typically does not affect citizenship eligibility.
• Non-convictions like withdrawn or dismissed charges generally do not impact the citizenship process.

Can I apply for a Pardon or Record Suspension in Canada if I am not a Canadian citizen?

• Yes, citizenship is not a prerequisite for obtaining a Pardon or Record Suspension in Canada.
• However, if residing in Canada, proof of current immigration status is required.

Young Offenders in Canada

Which law governs young offenders who commit a crime in Canada?

• The Youth Criminal Justice Act (YCJA) is the federal law addressing crimes committed by young individuals in Canada.

At what age are you considered a Youth offender with a criminal record in Canada?

• Individuals aged 12 to 17 are classified as Youth under the YCJA, while those under 12 cannot be charged with a crime.

How long does my Youth Record remain in the justice system databases in Canada?

• The duration of your Youth Record, termed the Access Period, varies based on factors like the offense committed and sentence received, after which it may be sealed or destroyed.

What happens to my Youth Record if I commit a crime as an adult in Canada?

• If your Youth Record was closed when you committed the adult offense, it remains separate. Otherwise, it becomes part of your adult criminal record after a certain period.

Do I need to obtain a Pardon or Record Suspension if I have a Youth Record in Canada?

• No, a Youth Record does not necessitate a Pardon or Record Suspension. It’s managed under the YCJA and may be sealed or destroyed according to its provisions.

Is my Youth Record in Canada sealed or destroyed when I turn 18 years old?

• No, the timing of sealing or destroying a Youth Record is determined by the YCJA’s guidelines, not by age. Factors like the offense type and any subsequent offenses influence this process.

Child Issues in Canada

Can I obtain custody or visitation of my children if I have a criminal record in Canada?

• Having a criminal record can pose challenges in securing custody or visitation rights for your children.
• Canadian family courts prioritize the best interests of the child, considering factors such as parental criminal history.
• The nature of the offense on your record will be scrutinized, potentially impacting your parental rights negatively.

How does my criminal record affect my case in family court?

• A criminal record complicates family court proceedings, particularly regarding custody arrangements.
• Courts prioritize the child’s well-being, and your criminal background is considered in this assessment.
• If your criminal history is revealed in a police background check, the court may examine its details and evaluate its implications for your parenting abilities.

Will my criminal record influence my chances of adopting a child in Canada?

• Yes, having a criminal record will affect your chances of adopting a child in Canada.
• Adoption processes in Canada involve a Vulnerable Sector Check, disclosing criminal convictions, non-convictions, and pardoned charges.
• The family court reviews your criminal record as part of the adoption process and makes decisions accordingly.

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