Where Do You Apply for a Pardon in Canada?

Where do you apply for a pardon in Canada?

Life isn't impossible with a criminal record, but let's be honest. Although most modern nations rely on criminal histories to make things easier for law enforcement, the same isn't true for record holders. Applying for a record suspension may be your best shot at lasting normalcy.

Some effects of a criminal record, like having trouble finding a job, are immediately noticeable. Others, however, can be more unexpected — such as being unable to travel or enter countries like the United States.

Record suspensions, once known as pardons, can help you clear the waters. Here's how they work and where to apply for a pardon in Canada.

What Is a Record Suspension?

A record suspension is a legal mechanism that helps you clear offenses from your criminal record. Although the criminal record still exists, the suspension eliminates it from the Canadian Police Information Centre (CPIC) database. In other words, someone who looks it up, like an employer or customs official, won't see the information.

Eligibility Criteria

Record suspensions aren't meant for everyone. They exist to help people who were formerly convicted reintegrate into the community. If you've paid your debt to society by completing your sentence and shown you can be a good citizen, you may be eligible.

Some violations are ineligible for record suspensions. These offenses mainly include sexual crimes involving children with a few limited exceptions — also known as Schedule 1 crimes.

Nothing is guaranteed when petitioning the parole board for a suspension, but there are certain bars to entry you'll have to surmount.

For starters, you'll need to have been convicted of a Canadian offense as an adult. You can also apply if you were convicted in another country and then transferred over while serving your sentence.

You'll also need to have completed your sentence. This means serving your time in prison or jail, paying back any monetary damages, completing probation, and satisfying your parole conditions. If you've received a weapons prohibition or driving restriction, you don't need to wait for them to expire before getting started.

Lastly, you'll need to complete a waiting period. This starts after you complete your sentence in full.

The waiting period varies depending on how serious your crime was, with indictable offenses being more severe than summary offenses. The exact laws have changed over time, so use the following rules to figure out which applies to you:

   
• If you committed your first offense before June 29, 2010, you'll have to wait 5 years for an indictable offense or 3 years for a summary conviction.
   
• If your crime happened between June 29, 2010, and March 12, 2012, there are three waiting periods. Most summary convictions have 3-year waiting periods. Most indictable offenses and summary convictions involving Schedule 1 crimes carry 5-year waiting periods. Indictable Schedule 1 offenses, serious personal injury crimes, and crimes that carried prison terms of at least 2 years all have 10-year waiting periods.
   
• For crimes committed after March 13, 2012, you'll need to wait 10 years for indictable offenses and 5 years for summary convictions.

It's essential to get the waiting period right if you don't want to delay longer than needed. The court determines your eligibility by looking at your trial information and defaults to the worst-case scenario. If you provide the wrong details, you'll receive the longest possible waiting period.

Limitations

With all that in mind, remember that suspensions have limitations. Getting one doesn't guarantee you a visa or entry permit for international travel.

If your criminal history involves sexual offenses, your record will be flagged in CPIC despite the suspension. You can also lose your suspension if you're convicted of new crimes or received it fraudulently.

If these limitations seem confusing, understand that a suspension only sets your conviction aside. It keeps those who look at your record from judging you for things you've genuinely put behind you. In many cases, this is more than enough to open the door to freedoms you wouldn't experience with a criminal history.

Record Suspensions and Travel

Record suspensions are well-known for making it easier to get jobs, find housing, and participate in your community. They can also help you travel. Many countries prohibit foreign nationals from entering or passing through with criminal records.

The US and Canada are good examples. If you've been convicted of an offense or are under investigation, you might be stopped at the border.

It's impossible to sum up the rules for every country. But there are a few common factors to watch out for:

   
• Many customs agencies compare their national laws to those of other countries to gauge your entry eligibility. If you were convicted of a crime that isn't prohibited in your destination, you might not need a suspension. By the same token, a suspension might not make a huge difference if the country you're traveling to regards your crime as particularly serious.
   
• You may still be asked to describe crimes you had suspended. When filling out the paperwork to travel, pay close attention to the instructions.
   
• Homeland record suspensions are only half the battle if you've committed a crime in another nation. If you get your Canadian record cleared but have a separate US record, US customs officials may deny you. This can often occur when your US entry denial predates your suspension.
   
• Suspensions work at the national level. They don't remedy situations like having your name on an international watch list.
   
• You may still need an entry waiver after getting a suspension. This document allows you to apply for nonresident entry even if you'd be inadmissible otherwise.

Applying for a Record Suspension

You can't just claim you're rehabilitated and expect a convenient pardon. From your prison history to your personal statements and parole records, every bit of information you provide will undergo intense scrutiny. You need to make a convincing case.

Applying for a record suspension should ideally be straightforward. For instance, you can do so by yourself as long as you pay the $50 fee and fill out all the paperwork. Even better, you can submit the forms online using the Government of Canada's official portal.

But there's a catch. If you make a mistake, you might have a tougher time getting a future suspension. While the DIY route appeals to many, it's by no means simple. Here's a high-level overview.

Getting Your Criminal Record and Court Information

You'll need your Canadian criminal record to start with. This includes having fingerprints taken.

If you've already got fingerprint data, you might not be able to reuse it. Your fingerprint application must state you're applying for a record suspension.

You'll also need to collect information on any foreign criminal record. In some cases, convictions might be missing. To complete your documents, you'll have to contact the courts that issued those convictions or the police that arrested you.

Having a complete record doesn't mean you won't need to talk to the court. The parole board demands detailed information about each conviction.

Getting a Local Police Records Check

You'll have to get a records check from the local police, but not just for the city or town you currently live in. You'll need to go back and request checks from every place you've lived in for more than 3 months over the last 5 years.

This requirement also applies if you've lived outside of Canada. If the foreign police won't provide a check, you may be able to submit a letter stating you have no record, along with its English or French translation.

Collect Supporting ID Documentation

The parole board will want you to prove you are who you claim to be. You can provide a clear photocopy of any approved government-issued document that includes the basics: your name, birthdate, and signature.

Meeting Any Additional Requirements

You may also need:

   
• Military conduct sheet: You'll need this if you currently serve or served in the past.
   
• Schedule 1 Exception form: This only applies to those who committed exempt Schedule 1 offenses.
   
• Measurable Benefit/Sustained Rehabilitation form: If your first offense occurred on or after June 29, 2010, you'll have to submit this form. In it, you'll need to explain how a record suspension would provide you with measurable benefits. You'll also be asked to share how it will help you reintegrate into society.

Completing the Record Suspension Application Form

The application form will ask you a range of questions about your circumstances. You'll need to answer everything truthfully and completely — lying or omitting facts can get you into more trouble! Also, ensure you sign and date the form within one year of your application.

Simplify Your Record Suspension Application

Applying for a record suspension is vital for many people who want to put their past behind them. Unfortunately, the process doesn't always pan out smoothly for everyone.

It's easy to get lost along the way. Although the parole board publishes basic instructions, it doesn't advise applicants on their cases. Your mileage will vary depending on your situation, so find a reliable guide.

Want to be sure you've covered all the requirements? Start by talking to an AllCleared specialist.

A Canadian pardon, now called Record Suspension, is applied for through the Parole Board of Canada. This is where you submit your application. However, first, there is some legwork that needs to be done.

If you apply for your pardon through AllCleared, we will do the document gathering for you, but you will still need to get your fingerprints taken in order to obtain a copy of your Certified Criminal Record from the RCMP.

The RCMP is not responsible for Record Suspensions, but they do manage the national database of criminal records, which is called CPIC (Canadian Police Information Centre).

Where Do You Get The Documents Required?

If you plan to apply on your own, you can get the application form and guide from the website of the Parole Board of Canada. Then it’s time to start collecting documents.

If you go through AllCleared, we will fill out the forms except for the personal statements. You need to complete these personally, but we will provide you with detailed instructions.

Your first stop will be a local police station or accredited fingerprinting agency. We will recommend the best places to go in your area. The reason you need to do this is that the RCMP will not release your record without fingerprints. This helps to prevent errors related to mistaken identity or name changes. These days, electronic fingerprints are required to complete this step.

Where Else Do You Need To Go?

If you are working with AllCleared, we will obtain your other documents. If you are completing the application on your own, you will need to wait for your record to come back. Then you can obtain the rest of your documents, including:

   
• Local police checks
   
• Court documents

If you have ever served in the military, you will need to request your military conduct sheets.

How Does Allcleared Get Your Documents Faster?

AllCleared is the only pardon company with a police partnership. This allows us to request police checks and court documents while we are waiting for your criminal record to come back. Every other company will make you wait up to four months for the RCMP to respond before they do any work on your file.

AllCleared helps you keep moving forward towards your goal, so you can get started on your dreams faster.

What Happens Next?

Once you submit your application to the Parole Board of Canada, they will examine it to make sure that it is complete and you have enclosed the $631 fee. About 30 percent of applications submitted fail this first step. This is another benefit of working with AllCleared. We guarantee that your application will be accepted at this stage.

Once your application is submitted, there is nothing to do but wait. The time period for a decision is mandated by legislation to be:

   
• Six months for a summary conviction
   
• Twelve months for an indictable conviction

Once you have your Record Suspension, your record is sealed in the national database. You can apply for jobs, volunteer work, visas, business licenses and more with confidence.

If you are ready to apply for a Record Suspension, contact AllCleared for a free consultation at 1-866-972-7366.