A criminal record can have far-reaching consequences that can affect various aspects of your life, from employment opportunities to housing and even travel. Fortunately, in Canada, you have the option to apply for a record suspension, also known as a pardon, which can help you put your past behind you and move on with your life. In this article, we'll explore what a record suspension is, who is eligible for it, and how to apply for it.
What is a Record Suspension?
A record suspension is a legal order that removes a person's criminal record from the Canadian Police Information Centre (CPIC) database. This means that if someone does a criminal background check on you, they won't see any information about your past convictions, unless they have special clearance to access classified information.
It's important to note that a record suspension doesn't erase your criminal record or guarantee you won't face any consequences for your past actions. For example, if you commit a new crime after your record suspension is granted, it can be revoked, and your past convictions can be reinstated.
Who is Eligible for a Record Suspension?
Not everyone with a criminal record is eligible for a record suspension. To be eligible, you must meet certain criteria:
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You must have completed your sentence, including any probation or parole periods, and paid all fines, surcharges, restitution, or compensation orders.
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You must wait a certain amount of time after your sentence is completed, depending on the type of offense you were convicted of. For summary convictions, the waiting period is 5 years, and for indictable offenses, it's 10 years. In some cases, you may be eligible for a record suspension earlier than the waiting period if you can demonstrate exceptional circumstances.
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You must not have any outstanding criminal charges or be serving any sentences or probation orders.
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You must not have been convicted of certain serious offenses, such as sexual offenses against children or terrorism-related offenses.
How to Apply for a Record Suspension
To apply for a record suspension, you need to follow a series of steps:
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Obtain a copy of your criminal record from the Royal Canadian Mounted Police (RCMP). You can do this by submitting a request to the RCMP's Canadian Criminal Real Time Identification Services (CCRTIS).
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Obtain copies of court documents related to your conviction(s) and any other relevant documents, such as proof of completion of your sentence and proof of payment of fines or restitution.
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Fill out an application form for a record suspension and submit it to the Parole Board of Canada (PBC) along with the required documents and a processing fee.
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Wait for the PBC to process your application. The processing time can vary depending on the complexity of your case and the volume of applications being processed, but it typically takes several months.
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Attend a hearing with the PBC if required. In some cases, the PBC may require you to attend a hearing to discuss your application further, clarify any information, or answer any questions.
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Receive a decision from the PBC. If your record suspension is granted, you'll receive a certificate of discharge, which confirms that your record has been suspended. If your application is denied, you may be able to appeal the decision or reapply after a certain period of time.
Benefits of a Record Suspension
A record suspension can have several benefits, including:
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Increased employment opportunities: With a clean criminal record, you may be eligible for jobs that require a criminal background check, such as government positions, security jobs, or jobs in healthcare or education.
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Improved housing opportunities: Landlords may be more willing to rent to you if you have a clean criminal record.
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Increased travel opportunities: With a record suspension, you may be able to travel to countries that would otherwise deny you entry due to your criminal record.
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Peace of mind: A record suspension can give you a fresh start and help you move on from your past mistakes.
Conclusion
A criminal record can have significant consequences that can affect various aspects of your life. Fortunately, a record suspension can help you put your past behind you and start anew. If you meet the eligibility criteria, it's worth considering applying for a record suspension to regain some of the lost opportunities and move on with your life. However, the application process can be complex, so it's important to seek professional guidance and support to navigate through the process. With a record suspension, you can take the first step towards a brighter future and leave your past mistakes behind.