Revoked Record Suspension? It could happen

Understanding Record Suspensions and Revocations

The Parole Board of Canada is the agency with the ability to grant, deny and revoke Record Suspensions. A Record Suspension is an acknowledgement that you are now rehabilitated from the mistakes you may have made in the past. If it appears that this is not the case, a revoked Record Suspension could happen.

A Record Suspension (or pardon) will not destroy the record of your criminal conviction. It will simply be removed from the database of active criminal records and kept separate. This makes it easy for a pardon to be revoked if you re-offend.

When can a pardon be revoked?

There are some standard reasons why a pardon could be revoked:

1. The applicant had a new conviction: If you have a new indictable conviction, you could automatically have a revoked Record Suspension. If you have a new summary conviction, the Parole Board will consider the facts and decide whether or not to revoke the pardon.
2. Untruthful statements: If you misstated the facts on your application, your Record Suspension can be revoked. This is why it’s important to be thorough and not hide any convictions or lie about the facts of a case.
3. Errors: Perhaps you didn’t intend to lie, but the record you received from the RCMP didn’t list all the convictions. You didn’t question it at the time and now the Parole Board has discovered a new conviction.
4. New incidents of negative police contact: You appear to still be having issues with the police, even though there are no new convictions. This could be caused by domestic disturbances, speeding, harassing phone calls, being associated with gang activity, and other incidents that result in warnings, peace bonds, tickets, and charges.
5. You weren’t eligible for a Record Suspension when you applied: For example, you thought you paid off your fines at a certain date, but new information emerges that proves you didn’t.

What does this mean?

While everyone is entitled to apply for a pardon after the waiting periods, you should be sure that you have moved on from your past mistakes. If you are still engaging in risky behavior, focus on rehabilitation, such as quitting drugs or breaking ties with friends who are still engaged in criminal behaviour, before you consider applying for a Record Suspension.

You don’t want to go through all the trouble of making an application only to have it revoked.

On the other hand, only about three to five percent of Record Suspensions are revoked each year. This speaks to the fact that people who apply are committed to change. There is no reason to delay a Record Suspension if you are qualified. If you have moved on from your past, we can help you avoid any errors and apply with confidence.

If you have put the past behind you and are ready to move forward with a Record Suspension application, contact us today for a free consultation at 1-866-972-7366.