The term “Free Pardon” is occasionally used in Canada to describe the removal of a criminal record. Many individuals take this to mean that the process of obtaining a pardon is, in fact, completely free of cost. This certainly is not the case, and there are many fees that can be involved in putting together a pardon (now known as a “record suspension”). The term “free pardon” in fact has a very specific meaning in Canada, and is awarded by the Governor in Council in “…recognition that the conviction was in error and erases the consequences and records of the conviction.” Therefore, this process only applies to wrongful convictions and as a result is rarely executed.
In actuality, the process of obtaining a record suspension or pardon has several costs associated with it. The Parole Board of Canada is the government agency responsible for granting pardons/record suspensions, and requires a filing fee of $631 in order to do this. This fee was previously $150, but increased in February of 2012. This fee is also separate from any other service fees required for putting together the application that would be charged by private companies such as Pardon Services Canada.
Additionally, some courts and police detachments will require their own fees for requesting documents or record checks that are required for a pardon application. These fees can vary for each individual pardon application, and are dependent on factors such as how many convictions an individual has, where these convictions occurred, or how many locations the client has lived in over the past five years. For example, court fees in Alberta are frequently quite expensive and can vary depending on how many convictions an individual has, as well as whether or not these convictions were held on different dates. Conversely, court fees in British Columbia are generally quite minimal, or even free, and apply equally regardless of the number of convictions.
In some cases our clients express frustration when they are unable to be given a total cost at the beginning of the process. While we are always certain to confirm with the client the costs of our total service fees and of the Parole Board of Canada’s filing fee, we are rarely able to give our clients more than a rough estimate as to the remainder of these disbursements until the end of the process. This is why it’s important for individuals to remember that our service is a process, not a product, and certain situations will result in different fees that must be applied. In order to keep our clients informed as to the fees that arise, we send regular invoices which indicate the current balance, and will contact our clients before charging any noticeably large fees on the parts of the courts or police. We also provide flexible payment plans that can allow clients of any budget to successfully obtain their pardon (record suspension).
While obtaining a pardon is not a “free” process, it is certainly a small price to pay considering the wealth of opportunities that are opened up by having a clear criminal record in Canada. If you are seeking to obtain a pardon/record suspension, please contact our offices and we can arrange a payment option that works for you.