Hybrid offences are the most common type of charge in Canada. There are three types of charges and each will affect when you can apply for a Record Suspension.
The three types of charges are:
- Summary (minor)
- Indictable (more serious)
- Hybrid – Either summary or indictable
If you watch a lot of American TV, the concept of summary and indictable is similar to what they call misdemeanor and felony.
The type of offence will determine the type of charge. Some offences, such as causing a disturbance, are always summary. Some offences, such as murder, are always indictable. Most charges fall between these two extremes, so they can be either, which means they are hybrid.
Common examples of hybrid offences include:
- Harassment
- Assault
- Fraud under $5,000
- Mischief
- Theft under $5,000
- Impaired driving
The Crown prosecutor decides whether to pursue the case as summary or indictable. He or she may take into consideration the seriousness of the offence, the effect on the victim and many other factors. Once the prosecutor has decided, there is usually nothing you can do about it.
How hybrid offences affect a Record Suspension application
If you are planning to apply for a Record Suspension, the wait times are:
Summary – 5 years
Indictable – 10 years
Part of the process of applying for a Record Suspension involves requesting court documents. People with hybrid offences often don’t know whether the charge proceeded as summary or indictable. If you still have the court documents, you can check. Otherwise, you have to wait for them to arrive.
Unfortunately, this means that some people wait for their documents only to find out that they are not yet eligible to apply for a Record Suspension. Sometimes courts cannot find old documents. If this happens, the indictable standard will apply, which means you will need to wait 10 years. You cannot tell if you have a summary or indictable offence by looking at your criminal record.
Summary offences cannot be tried by a jury, so if you did have a jury in your trial, it would have been indictable, and you would need to wait 10 years. However, an indictable charge is not always decided with a jury. If you didn’t have a jury, you may still have an indictable offence on your record.
If you need help with determining the wait time to apply for a Record Suspension, contact us for a free consultation at 1-866-972-7366.