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Theft in Canada
Charges for Theft offences in Canada will most certainly leave you with a criminal record. As a federal offence covered in the Criminal Code, a theft conviction will show up on your federal criminal record if it is searched for the purposes of volunteering, employment, etc. Additionally, theft is deemed a crime of moral turpitude as per the Immigration and Nationality Act in the United States. Therefore, it is deemed as a valid reason to deny someone entry in the United States. If you are denied entry into the United States for a theft offence, you will require a US Entry Waiver in order to be re-admitted.
Types of Theft
There are many different types of theft, each with their own relevant section in the Criminal Code. While most Theft offences will fall under Section 322 in the broad categories of "Theft Under $5000" and "Theft Over $5000", there are many other types of theft and theft-related offences such as possession of stolen property, theft of a motor vehicle, theft of telecommunications, theft of oysters, etc. The common offence of shoplifting is often seen as a very minor offence, but its prolific natures makes it a very serious offence in the bigger picture. In fact, according to a 2007 survey on retail security in Canada, it's estimated that 95% of businesses in Canada have experienced some sort of theft.
How do I remove this record?
To remove a theft conviction from your federal record, the process is the same for all federal records- get a Canada Pardon (now known as a Record Suspension). Getting a Pardon for a theft offence will require that you meet the eligibility requirements, which includes completely satisfying your sentence. This is often very important for shoplifting offences as most will carry some sort of fine to be paid as part of the sentence. Generally the convicted individual is responsible for ensuring that he or she pays the fine, and as a result many fines end up being outstanding for very long periods of time. If you have not paid your fine for a shoplifting offence then you are not eligible for a Pardon. To become eligible you would have to pay this fine and wait the mandatory waiting period of either five (5) or ten (10) years- depending on whether your theft offence was a summary offence or an indictable offence. In general, convictions for Theft over $5000 will be indictable offences, and convictions for Theft under $5000 will be summary offences (although there are some exceptions to this).
What if someone commits Theft as a youth?
Many theft offences involve young Canadians who will be convicted as per the Youth Criminal Justice Act. This means that your record of conviction will be removed either three years from the date of the offence for a summary conviction, or five years from the date of the offence for indictable information. Note however that these records can be retained if the individual re-offends prior to this period of time elapsing.
If you have any questions about applying for a Pardon, or getting a United States Entry Waiver, we encourage you to contact Pardon Services Canada, and we answer any questions you may have.
