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This post will cover pardon Canada eligibility and who can apply. As of June 2020, the waiting period for a person who has been convicted of a criminal offence in Canada has been changed as a result of a recent Federal Court decision. Fortunately, many Canadians who were previously ineligible to apply, now have the opportunity to apply for a Record Suspension and get a fresh start. However, there are still some exceptions to some individuals' eligibility.First, you need to consider if you even have a criminal record that would be eligible for suspension.A person who has been convicted of a criminal offence in Canada will usually become eligible to apply for a Record Suspension after a waiting period.
Who Can Apply For A Pardon In Canada?
Fortunately, most people with criminal records in Canada can apply for a pardon. A pardon is called a Record Suspension in Canada. Many people who live with the barrier of the criminal record have the chance to move on, provided they complete the necessary steps. With few exceptions, the Parole Board of Canada will consider Record Suspension applications from people who have demonstrated good conduct for a period of time.You can apply for a pardon if you were convicted in Canada under a Canadian federal act or regulation. You may also apply if you were convicted of an offence in a different country and transferred back to Canada. If you were convicted of a criminal offence, you can apply if you have completed your sentence and remained free of any additional transgressions for a certain number of years.You do not have to be a Canadian citizen or resident in order to apply for a Record Suspension. In fact, non-Canadians who have received a conviction within Canada may also request a pardon in order to overcome criminal inadmissibility to come back into the country. A Record Suspension may help you to gain ground for a new life in Canada, where you can move on from your past.There are some exclusions to those who can apply for a pardon. Anyone convicted of a sexual offence involving a child cannot receive a pardon. In addition, anyone with at least three offences with jail terms of at least two years each, even if served concurrently, cannot be pardoned.The rules may seem technical and complicated, but there is help to guide you through it. Learn more about how you can get your life back by applying for a Record Suspension.
How Do You Apply For A Pardon In Canada?
You apply for a pardon in Canada by making a Record Suspension application through the Parole Board of Canada. This is the government body that reviews and approves applications. In order to have your case assessed by the Parole Board of Canada, you must follow several specific steps. Since the steps are technical, you may want to get help from an agency that specializes in helping people with their criminal records.First, you must wait the prescribed amount of time before you are eligible for a pardon. This waiting period is 10 years for an indictable offence or five years for a summary offence. The period begins after you’ve finished your sentence, including payment of any fines. During that waiting period, you must have demonstrated “good conduct” by not having any additional convictions.You must obtain your criminal record from your current city and any city you’ve lived in over the past five years, and from the RCMP. You must get fingerprinted and fill out the application form provided by the Parole Board of Canada. The government of Canada also charges an application fee for the process.Depending on your circumstances, the Parole Board may also require your court information, military conduct sheet, court information or immigration documents. If these documents are necessary, you may be charged an additional fee by the government to obtain copies.The process may seem complicated, but it’s worth it when weighed against the burden of having a criminal record. You don’t have to do it alone; contact us to find out how we can help.
What Is A Criminal Record?
If you have been charged with a crime, the charges could be dropped, stayed or discharged. In these cases, you may need a purge if they don’t go away on their own, but you won’t need a Record Suspension.These days, the RCMP automatically removes discharged records. The waiting periods are one year for an Absolute Discharge and three years for a Conditional Discharge.
What Are The New Waiting Periods For A Record Suspension?
If you were convicted of an offence in Canada, you may be eligible for a Record Suspension. The waiting periods are dependent on what year the individual was charged. Changes were made to the wait periods this year by the Federal Court, which means even more people may now be eligible to apply for a Record Suspension if they were charged before March 12th, 2012.The new waiting periods are as follows:Before June 29th 2010:
- 3 years: Summary conviction
- 5 years: Indictable conviction
Between June 29th 2010 - March 12th 2012:
- 3 years: Summary conviction
- 5 years: Indictable conviction
- 10 years: Serious personal injury offences (within the meaning of 752 of the Criminal Code), including manslaughter, for which the applicant was sentenced to a prison term of 2 years or more, or an offence referred to in Schedule 1 that was prosecuted by indictment.
March 13th 2012 onwards:
- 5 years: Summary conviction
- 10 years: Indictable conviction
The waiting period begins when an individual has completed their full sentence, not the date of conviction. This includes any jail time, probation, fines, or classes that the court has requested the individual to complete. Once everything has been completed, you are required to wait a certain number of years before you can apply for a Record Suspension (pardon). It will take time to prepare the documents required for your application. Within 6 months of your eligibility, it’s a good idea to start preparing so that you can submit your application as soon as possible. However, due to the current public health crisis, many court and police agencies are operating with limited resources and the Parole Board of Canada is facing delays in their processing of applications.Many people don’t know if they have a summary or indictable conviction. This information is contained in the court records. In some cases, we may be able to advise you based on the circumstances. In other cases, you will need to wait until the court records come back. This is because most criminal offences in Canada are hybrid, which means they can proceed either as summary or indictable.
What Are The Exceptions To Record Suspension Eligibility?
There are some people who are never eligible for a Record Suspension.These include:
- Anyone with Schedule 1 offences against a minor. Under limited circumstances, a person could be eligible if the circumstances of the offence were:
- A consensual relationship
- Less than a five-year age difference
- No force or coercion
- Not in a position of authority or trust
- People with more than three indictable convictions each carrying a sentence of two years or more.
Good Conduct
The waiting period is based on your last conviction, so if you are convicted again, you will need to wait the full waiting period once you complete your new sentence.If you have continued to have negative police contact, you may still be eligible to apply for a Record Suspension, but keep in mind that it could be denied. Negative police contact can include new charges, arrests, cautions, peace bonds and outstanding fines. The Parole Board has even been known to take traffic tickets into account.
What If You Are Denied?
If the Parole Board is considering denying your application, they will write you a letter and you will have an opportunity to respond to their concerns.If you are denied, you must wait one year before applying again.
Eligibility Change Throughout The Years
When the government changed the laws in 2010 and 2012, a lot of convicted people who were already waiting to become eligible for a pardon saw their wait times suddenly increase. It effectively lengthened the punishment for people who had already been convicted. Summary convictions waiting time increased from 3 years to 5 years and indictable offences from 5 years to 10 years. Individuals who committed a Summary 1 offence were automatically not eligible to apply for a Record Suspension.Since this change, two superior courts in BC and Ontario determined that this was unconstitutional. This brought about change that only individuals residing in Ontario or BC could apply for a Pardon under the old laws and old waiting periods if convicted before March 12th 2012, whereas everyone else had to abide by the new laws and longer waiting periods.As of 2020 we are happy to announce that the Federal Court has rectified this previously unconstitutional decision. It is now Canada-wide that any individual who was convicted prior to 2012 falls under the old laws and waiting periods which are outlined above. This means that thousands of Canadians who may have been previously deemed ineligible are now able to apply for a Record Suspension as of 2020.
Lift The Burden Campaign
Since 2012, AllCleared has been advocating for a reduction in the waiting periods for Canadians to apply for Record Suspensions, and be fairly applied all across Canada. We believe that everyone should have the opportunity to start fresh, and not have past mistakes hinder them from moving forward in life. In fact, of the Canadians who have received a record suspension since 1970, 96% have not re-offended. That’s why we’re working to help lift the burden of deserving Canadians by advocating to restore the spirit of the Criminal Records Act.We also believe that applying for a Record Suspension should not have to come with a financial burden. We want Record Suspensions to be free and we are still advocating for this change. Be a part of the change and sign our petition today.
Citizenship
You do not need to be Canadian to apply for a Record Suspension. For example, if you were an American visiting Canada and you happened to get charged for drinking and driving during your visit, you could apply for a Record Suspension after the waiting period. This would allow you to enter the country again.Permanent residents and people who hope to immigrate to Canada also often apply for Record Suspensions so that they can qualify for citizenship or residency.The only pardon Canada eligibility factor to keep in mind is that your conviction must have occurred in Canada. Otherwise, your option is to pursue a TRP or Rehabilitation application through Canadian Immigration and Citizenship.AllCleared assists with Record Suspensions, US Entry Waivers, TRPs and Criminal Rehabilitation. Contact us today for a free consultation on your pardon Canada eligibility at 1-866-972-7366.
