The Parole Board of Canada (PBC) defines a record suspension, (previously referred to as a pardon) as “…a formal attempt to remove the stigma of a criminal record for people who … have satisfied [their] sentence and remained crime free.” However it is important to realize that remaining “crime free” is not necessarily the only requirement that must be met in order for a pardon to be granted. All individuals wishing to obtain a record suspension must also demonstrate that they have maintained “good conduct”; the criteria for which remains at the discretion of the Parole Board of Canada.
Guidelines for Good Conduct
There are no official criteria for what constitutes good conduct, but the PBC does give some indication about what they look for when making the final record suspension decision. These guidelines, provided by their policy manual, are as follows:
- making a positive contribution to society
- having a lifestyle that is no longer associated with criminal behaviour
- taking responsibility for offences and sentences
- taking steps to ensure there is no risk of recidivism
- identifying a support system
- identifying pro social relationships and social networks
How is My Good Conduct Determined?
Everyone applying for a record suspension with the Parole Board of Canada is required to write a personalized “Measurable Benefit” form which gives the applicant an opportunity to indicate positive changes they have made to their life, as well as explain the positive benefits a record suspension would bring to them personally.
The PBC also determines good conduct by requesting information from justice system participants including police officers, judges, lawyers, informants, court administrators, and anyone else who plays a role in the administration of criminal justice. The most common request is for information from the local police force for each area the applicant has recently resided in. Any negative contact with local police or RCMP may be used as a discretionary reason for denial of a record suspension. Reasons for denial can include, but are not limited to:
- Any further criminal convictions
- Arrests or charges that are otherwise dropped, discharged, or withdrawn
- Driving offences including tickets, DUIs, or parking violations
- Complaints by other individuals made to the police, and regarding the applicant
In these cases, the PBC will afford the applicant an opportunity to explain the incident(s) in question. An unsatisfactory response to this could result in the record suspension being denied, so we encourage our clients to provide as thorough a response as possible. We offer direction and assistance to our clients in writing these responses.
If you have any concerns about the good conduct rule, or if you believe you meet the good conduct rule and are interested in pursuing a record suspension (pardon), don’t hesitate to contact our offices.