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A pardon will clear your record in Canada for the purpose of work, travel and volunteering with a few exceptions. Currently, a pardon is called a Record Suspension in Canada, but the effect of the program is the same.
How does a pardon clear your record?
A pardon will clear your record by removing it from the main database of criminal records and keeping it in a sealed database. Thus, whenever you are asked for a background check, your record will come back clean. Background checks are required in many areas of life, including:
- Job applications
- Business licences
- Professional licences
- Volunteer positions
- Apartment leases
- Travel visas
As well, in most cases, it is illegal to discriminate on the basis of a criminal record. This means that employers and others are not allowed to ask you about a pardoned or suspended record, and when asked if you have a record that has not been pardoned or suspended, you can check no on the application form.
In certain regulated professions, you may be required to reveal that you have a Record Suspension, but it can’t affect the decision on your application.
A pardon can get you back on track by sealing your record, but there are some limitations.
Other police and court databases
In most cases, other police databases will remove your information once they learn that you have a pardon. However, you may have to make a request to clear your record. Court records are hard to access without specific file numbers, but it is possible that records of your conviction could remain in court databases. There are legal databases that lawyers and researchers use that contain some, but not all, court judgements.
Also, if your case obtained any media attention, it may still be accessed. However, if any information is still accessible, it would still be prohibited for employers and others to discriminate against you based on it once you have a Record Suspension.
Vulnerable Sector Check
Any sexual offences could be revealed if you applied for a work or volunteer position that involved working with vulnerable people. The vulnerable sector includes children or adults who are vulnerable due to age or disability.
Travel to the USA with a pardon
The United States does not recognize Canadian pardons or Record Suspensions. If you have a conviction that would make you ineligible to enter the United States, you need to apply for a US Entry Waiver.
The US is not subject to Canadian human rights laws and can make their own rules on who can enter. As well, they have access to CPIC and download the database regularly. Thus, sealing your record in CPIC will not clear your record at the border even if you have not tried to cross since your conviction.
Travel to other countries
If you are asked for a background check in order to obtain a visa it will come back clean when you have a pardon. However, sometimes they will ask if you have ever been arrested or convicted. It’s best to answer honestly because you can never be sure of what information the border officials in other countries can access.
An honest answer can cause you to be turned away, but a dishonest answer can cause you to be arrested. Like the US, foreign countries are not obligated to recognize Canadian pardons or Record Suspensions. However, a pardon can serve as evidence of rehabilitation and can help support your application to enter. Before you travel to another country, contact the consulate to find out if you would be denied.
Prohibitions
If you have a drivers licence suspension, firearms ban or any other prohibition, a Record Suspension will not help you lift it.
Revoked Record Suspension
If you are convicted of a new offence or if there was missing or false information on your Record Suspension application, it could be revoked. Since your record has not been destroyed, the RCMP would simply move it from the sealed database to the main database. This is why it is important for your application to be thorough and complete. AllCleared can assist you with making sure that all information is included and is correct.
Despite the limitations of a Record Suspension, it is still worthwhile to obtain one because it seals your record for most opportunities in Canada. If you are ready to get started, contact AllCleared today for a free consultation at 1-866-972-7366.
