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The two things you need to know about Record Suspensions (the Canadian government’s name for pardons) and prohibition orders is that:
- A pardon or Record Suspension will not erase a prohibition order;
- A prohibition order will not contribute to your waiting period to get a Record Suspension.
The two most common prohibition orders are:
- Firearms bans
- Driving bans
Firearm prohibition orders
Firearm prohibitions are often ordered in cases where a person was convicted of a charge involving violence in some way. The person does not necessarily need to have used a gun to receive a firearm ban. A firearm ban can be for a certain amount of years, or it could be for life.
If you want to apply for a Record Suspension, you must complete your sentence, which includes jail, fines, and probation. Then the waiting period will start. The waiting period could be five years or ten years depending on the seriousness of the offence. However, the waiting period does not include the period of the firearm ban.
If you want to lift the firearm ban, it’s possible to apply, but you will have to show that your livelihood depends on it and there would be some hardship if you could not own a gun. For example, you may live in a remote area where people depend on hunting to supplement their diets due to non-existent or exorbitantly expensive groceries.
Driving bans
In Canada, driving while impaired is a criminal offence. A licence could be suspended for one or three years or even longer.
The waiting period ends after you serve your sentence, but you don’t have to calculate the licence suspension in that period. For example, you have a summary conviction and need to wait five years to apply for a Record Suspension. Your probation is three months and your driving ban is one year. Your five-year waiting period will start after three months, not after five years.
If you have an indefinite driving ban, a Record Suspension will not erase it. However, after five years you may be able to apply to have it reduced if you meet certain criteria. Talk to a lawyer about this.
Sex Offender Registry
If you have a pardon or Record Suspension, you can apply to be removed from Canada’s Sex Offender Registry. You may be relieved of the reporting requirements of Ontario’s registry, though they will not necessarily remove your name. Unlike the United States’ controversial registry, Canadian registries cannot be seen by the general public and are only intended for policing.
Even so, sexual offences can prevent you from working with children or vulnerable adults even if a pardon is received.
Even if you can’t get out from under a prohibition, a Record Suspension can help you move forward in a positive direction by increasing work and educational opportunities. If you are ready to put the past behind you contact AllCleared at 1-866-972-7366.
