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Good conduct is essential for a person requesting a Record Suspension from the federal government. This is because of two important aspects of the legislation:
- A finding that you haven’t been of good conduct could cause your application to be denied.
- The Parole Board can revoke your Record Suspension if they find evidence that shows you have not been of good conduct.
Who decides?
When applying for a Record Suspension, you send your application to the Parole Board of Canada. They will make a determination both on the documents we have submitted, and any other information they are able to collect on their own. Board members will look at many sources such as police and court records. When they do this, they will even be able to find out if you have had traffic tickets.
What constitutes good conduct?
Good conduct doesn’t necessarily mean just not being convicted of an offence. For the purpose of a Record Suspension, if you have any negative police contact, the Parole Board can take it into consideration.Unlike a criminal court, the Parole Board doesn’t need to prove that you were guilty beyond a reasonable doubt. They can simply infer from a record of police contact that you were not maintaining good conduct.This could include:
- Incidents where police did not press charges
- Traffic stops
- Peace bonds
- Fines
- Arrests in which charges were withdrawn, dropped or stayed
- Being with someone who was committing a crime
Other considerations include whether you are generally acting as a contributing member of society. It’s a good idea to talk about the areas in your life where you show responsibility. This could include work, volunteering, parenting or taking care of elderly family members. Positive social relationships and a strong support system are important.They would also look for steps that you took to change. For example, you should mention if you took any drug and alcohol treatment, job readiness training, or stopped hanging out with a bad group of friends.
What can I do?
If the Parole Board is considering denying your Record Suspension based on evidence that you were not in good conduct, you will have a chance to respond.You can state your case and show your side of the story. For example, if you were at a party where people were doing drugs, you may have stayed because you didn’t have a safe ride home. A witness may be able to write a letter confirming your statements.Sometimes there will be no excuse. For example, if you were caught speeding, the best thing to do is to express remorse and understanding that the actions were wrong.Emphasize the other things in your life that demonstrate good conduct and rehabilitation, such as taking care of your family, working, developing job skills, and being responsible about drugs and alcohol.You might want to include some reference letters.As the Parole Board has a lot of discretion to deny your Record Suspension under the good conduct rule, it’s important to take your application seriously. If you need assistance with the Record Suspension application, we can help. Contact us today at 1-866-972-7366.
