Updated August 26th, 2020
If you are applying for a Record Suspension (also known as a pardon), you should plan ahead of time. A pardon application can take one to two years depending on various factors.
Some of these factors include:
- Number of places you have lived
- Number of convictions on your record
- Where the convictions took place
- Seriousness of the offence
Waiting period
If you are planning to apply for a pardon, you have to complete a waiting period before you are eligible. As of 2020, this waiting period is determined by what year the charge took place.
If you were charged on or after March 13th 2012, a summary offence carries a 5 year wait period and an indictable offence carries a 10 year wait period. Schedule 1 offences charged within this period are not eligible for a Record Suspension.
If you were charged between June 29th 2010 - March 12th 2012, a summary offence carries a 3 year wait period and an indictable offence carries a 5 year wait period. An individual with a Schedule 1 offence must wait a period of 10 years.
If you were charged before June 29th 2010, a summary offence carries a 3 year wait period and an indictable offence carries a 5 year wait period, including Schedule 1 offences.
However, don’t wait until the very last day to start collecting your documents. Getting your documents together can take some time. Start about six months before you are eligible. Also, keep in mind that the eligibility waiting period starts on the day you finish your sentence, not on the day you are convicted. A sentence can include fines, probation, jail time or community service.
Starting your pardon application
There are a few ways of starting a pardon application.
Enlist another service (not AllCleared): You will need to get your fingerprints taken and wait up to four months to get a copy of your certified criminal record. This document is required before they can do anything because they will need it to obtain your other records.
Do it yourself: Same process as above. Get your fingerprints and wait for the Certified Record to come back. Only then will you be able to collect the other documents.
Choose AllCleared: Because of our police partnership we can start collecting all of your documents right away. We will ask you for the fingerprints so that we can request your criminal record, but you don’t need to wait for the record to come back in four months to see progress on your file. Log in to your client portal anytime to see what documents are completed and what is still required. You will start seeing progress right away.
Court documents
Collecting court documents can be a challenge for many people. Courthouses in Canada vary in staffing levels and how long they take to dig up old files for the purpose of a pardon. Sometimes people have to wait a while for their court documents and make follow up calls.
How AllCleared can help
Another soon to be added advantage of our client portal is that we have been in business since 1989. We are the only company that has harnessed technology to provide sophisticated record management software to our clients. This software has allowed us to perform data analysis. Over time, we have determined that we can estimate waiting periods for court records across Canada with some accuracy. (Changes do happen. Staff changes are made, courthouses move location or make renovations, floods or wildfires affect communities. These estimated wait times are not guaranteed.)
Our company is the only company with the technology and experience to do this as we have requested court records from practically every court in Canada multiple times. We are implementing accurate reporting that can tell you more precisely how long you must wait for your records based on the courthouse. This will help you to plan your future better. For example, some of our clients let their employers know that they have applied for a Record Suspension. This will help them give a more accurate time frame. Some people dream of taking a year off to study abroad. They can use this information to get a better sense of when they can do this. Most importantly, having a more reliable time frame offers peace of mind.
This feature is coming soon to the client portal.
Parole Board processing time
Once everything is collected, your application will be submitted to the Parole Board of Canada for a decision. This is where delays happen for many people. The Parole Board may ask for more information, or if you haven’t followed their instructions, they may reject the application altogether at this stage.
In order to avoid delays, AllCleared guarantees that your application will be submitted as full and complete so that you have the best chance of passing this acceptance stage. At this point the application is forwarded for review and a new waiting period starts. The mandated processing time is:
- Six months: Summary offence
- 12 months: Indictable offence
Once your Record Suspension is granted your record will be removed from the accessible database of criminal records. This means that you can apply for jobs and other opportunities with confidence.
If you are ready to get started on your pardon application, don’t wait until you are applying for jobs or hoping for a promotion. Start early so that you can be ready when the next big opportunity arises. Contact us today for a free consultation on applying for a Record Suspension in Canada at 1-866-972-7366.