Can a Record Suspension or Pardon be revoked?

By |2018-10-01T23:16:49+00:00May 12th, 2017|Comments Off on Can a Record Suspension or Pardon be revoked?

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Yes, a Record Suspension or pardon can be revoked. This may happen, if you no longer appear to be living a law-abiding lifestyle.

For example, the Parole Board of Canada can revoke a pardon or Record Suspension for the following reasons.

  • You are convicted of an offence under a federal act or regulation of Canada following the receipt of your pardon. (e.g. the Criminal Code or the Controlled Drugs and Substances Act)
  • The Parole Board of Canada finds that you are no longer of good conduct
  • The Parole Board of Canada finds that a false or deceptive statement was made in the application process

Not all additional offences will result in a complete revocation of a Record Suspension or pardon. Being convicted of one count of driving over 80 mgs, for example, will not necessarily result in your Record Suspension or pardon being revoked. However, your previously sealed record can be factored into this decision. For example, that additional driving over 80 mgs conviction might not revoke a Record Suspension or pardon granted for a conviction of theft under $5000, but it may revoke a Record Suspension or pardon granted for previous driving over 80 mgs offence. This is because the additional offence repeats old behaviour, and is indicative of the fact that the applicant has not changed his or her lifestyle.

Over 96 per cent of pardon applications granted by the Parole Board remain in effect however, so it is generally quite unlikely that a Pardon will be revoked. If this does happen, then the Parole Board of Canada will allow the applicant to make an appeal within 60 days. This appeal generally takes the form of a written letter of circumstance, and recommends the addition of any supporting documentation which helps address the reasons given by the Parole Board of Canada for revoking the application.

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