Frequently Asked Questions
Answers to the questions you have about pardon and immigration services.
All FAQs
Do I need a Temporary Resident Permit?
You will need a Temporary Resident Permit if you have a DUI or a serious criminal record and it has been less than five years since you completed the conditions of your sentence.A Temporary Resident Permit is required if you have an offence that could be considered indictable under the Canadian Criminal Code. This includes DUI and all other impaired driving offences. You may not need a Temporary Resident Permit if enough time has passed that you can apply for Criminal Rehabilitation or be Deemed Rehabilitated.If you have been denied entry into Canada, you may still have a need to visit or spend time in the country. Even though you may be otherwise inadmissible to Canada, you may be issued a Temporary Resident Permit. The TRP allows you to enter Canada and stay for a specific period of time.In order to get a Temporary Resident Permit, you must have compelling reasons for wanting to come to Canada. In addition, your presence must outweigh any risk to Canadians or Canadian society. Normally, it is an immigration or border services officer who will make the determination.The time period for the Temporary Resident Permit is specific and tied to the purpose of your visit. The government of Canada gives the example that you may want a TRP for one week to attend a conference. You must receive a new TRP or leave the country before your permit expires.You should apply for a Temporary Resident Permit if other avenues for overcoming criminal inadmissibility to Canada are closed to you. For example, if it has been less than five years since you finished serving your sentence for a criminal conviction, you are not yet eligible for criminal rehabilitation. Additionally, although you can apply for a Record Suspension in Canada, it may be some time before it is approved and you may require more urgent entry into the country.If you have been deemed inadmissible to Canada, do not lose hope. There are steps you can take to restore your mobility and take care of your obligations in the country. You can get help with this process.
What is a summary offence?
A summary offence is a less serious offence. It’s similar to the American concept of “misdemeanour”, but not exactly the same. In Canada, criminal offences are divided into two major categories: summary or indictable. Hybrid offences may be treated as either summary or indictable. If you have a criminal record for a summary offence, the waiting period is five years after the completion of your sentence before you can apply for a record suspension, also called a pardon.Summary offences are considered less serious offences under the Criminal Code. The maximum sentence is usually a $5,000 fine or up to six months in jail, although it may be higher for certain offences. If you do not know whether your conviction was a summary or indictable offence, you may be able to get that information from your court records.Examples of summary offences include making harassing phone calls, taking a motor vehicle, and causing a disturbance. Some hybrid offences include uttering threats and assault.When the Parole Board of Canada receives an application for a Record Suspension for a summary offence, it is supposed to render a decision within six months. However, due to backlog and government delays, as well as the long process of putting the application together to begin with, it could take a total time of two years to get your pardon.Even if your conviction was based on a summary offence and you have completed your time, your criminal record can prevent you from getting a job or travelling freely outside of Canada. You can request a Record Suspension in order to help you move forward. Our experts can help you work efficiently to get it done as soon as possible.
Who can apply for a pardon in Canada?
Fortunately, most people with criminal records in Canada can apply for a pardon. A pardon is called a Record Suspension in Canada. Many people who live with the barrier of the criminal record have the chance to move on, provided they complete the necessary steps. With few exceptions, the Parole Board of Canada will consider Record Suspension applications from people who have demonstrated good conduct for a period of time.You can apply for a pardon if you were convicted in Canada under a Canadian federal act or regulation. You may also apply if you were convicted of an offence in a different country and transferred back to Canada. If you were convicted of a criminal offence, you can apply if you have completed your sentence and remained free of any additional transgressions for a certain number of years.You do not have to be a Canadian citizen or resident in order to apply for a Record Suspension. In fact, non-Canadians who have received a conviction within Canada may also request a pardon in order to overcome criminal inadmissibility to come back into the country. A Record Suspension may help you to gain ground for a new life in Canada, where you can move on from your past.There are some exclusions to those who can apply for a pardon. Anyone convicted of a sexual offence involving a child cannot receive a pardon. In addition, anyone with at least three offences with jail terms of at least two years each, even if served concurrently, cannot be pardoned.The rules may seem technical and complicated, but there is help to guide you through it. Learn more about how you can get your life back by applying for a Record Suspension.
What is the success rate of a Record Suspension or a Waiver application?
At AllCleared, we value your time and resources and understand that you value success. That’s why we pride ourselves on delivering the best service possible to our clients. While no company can guarantee that your application will be successful, we can help you at every step of the way. Here's how we help:
- Advise you if you are eligible to apply.
- Collect all the documents that you need.
- Examine your materials to make sure there is no missing information.
- Review your personal statements and reference letters and make recommendations if applicable.
- Guarantee that your application will be accepted as complete and properly filed in the Record Suspension (Pardon) and Entry Waiver application process.
- Guarantee all client information is kept in the strictest of confidence and all files are destroyed once the service is completed.
Criteria are getting tougher. The federal government made it more difficult for Canadians to receive Record Suspensions in 2012. The US government is focused on border security. It’s essential to make sure your application has the best chance of success by ensuring that it’s complete and meets the criteria set out by the governments.
What is the difference between the Standard and Expedited services?
The difference between the standard and expedited services is the level of service is higher and the processing time is quicker with the expedited service. AllCleared offers two levels of service for Record Suspensions, US Entry Waivers and Canadian entry applications.Our expedited service is a premium level of service. You will receive your documents faster and have a dedicated case manager who will work on your file. For US Entry Waiver and Record Suspension applications, your file will be processed four months faster.We understand that everyone is on a budget these days. Our Standard level of service is still an excellent value. Your file will be handled by our team of experts.Keep in mind that we can only save you time on the document processing component of your application. Once your application is submitted to the government it is not possible to expedite it.Visit Service Levels for a comprehensive breakdown of standard and expedited services.
What is a Record Suspension in Canada?
A Record Suspension is an opportunity to move on from the barriers caused by a criminal record. Regardless of whether the offence is old or minor, a criminal record stays with you permanently unless you take steps to request a suspension. You have the option to apply to have your criminal record placed apart from other criminal records after a specific period of time set by federal law.A record suspension, also called a pardon, can make it easier to travel abroad or get permission to visit foreign territories. It can also help you to get back on your feet by removing one barrier to getting a job. When an employer requests a criminal record check as a condition of employment, neither the record suspension nor the original record will appear on it.Although the suspension removes the criminal record from the Canadian Police Information Centre (CPIC) database, the record is not erased. The process technically only covers the federal database, but typically provincial and municipal agencies also place the criminal record apart when they receive notice of a suspension.Suspensions of former sexual offenders are flagged by the CPIC and will appear on a vulnerable sector check prior to volunteer work or employment with vulnerable people. That includes people who are at greater risk of harm from someone in a position of authority because of age, disability or other circumstances.If later you are convicted of another offence, the suspension can be revoked. The criminal record can also go back into the CPIC database if the Parole Board of Canada decides you were not eligible for a suspension based on new information. This is one reason why it is important to closely follow the guidelines for requesting a pardon. If you find the process too complex or difficult, experts can help you through it.
How do you seal a criminal record?
To seal a criminal record you need to make an application to the Parole Board of Canada. Often, when people ask about sealing their criminal record, they are concerned that a past infraction will prevent them from obtaining security clearance, employment or housing. A Record Suspension means the criminal record is removed from police databases.However, in some cases, criminal records may be sealed without an application. The Royal Canadian Mounted Police (RCMP) is responsible for sealing records in accordance with the Criminal Records Act, Youth Criminal Justice Act, and by request from government officials. In the case of youth offences, records are normally sealed within a prescribed period of time and under certain conditions.Youth offences result in an open record that lasts anywhere from two months to five years, depending on the charges and the outcome. If an adult over the age of 18 commits another offence while the youth record is still open, that youth record becomes part of the individual’s adult record. In order seal this criminal record and have it removed from the Canadian Police Information Centre (CPIC) database, the person will have to ask for a pardon.For your peace of mind, and to prevent any unexpected barriers to travel, employment or volunteer work, it’s good to know whether your criminal records are sealed. You can get assistance with this process and move on to a productive life.
Is a Record Suspension the same as a pardon?
Yes, a Record Suspension is the same as a pardon. Until the government of Canada changed the name in 2012, a record suspension was called a pardon. The RCMP refers to a record suspension on its website as “formerly called pardon.” While in many materials you may see the words “pardon” and “Record Suspension” used interchangeably, you can assume they are the same thing.In 2012, the government introduced many changes to the process of obtaining a pardon. They increased the waiting period to apply for pardons of both summary conviction and indictable offences and made new rules about who is eligible to receive a Record Suspension.While a pardon implies your criminal record is free and clear, in actual fact, the contents of your record are just set apart for the purpose of most background checks. If you want to visit the US or travel abroad, you will probably have to disclose your criminal history. To go to the United States, you may want to consider obtaining a US Entry Waiver.Since a criminal record can have a huge impact on your quality of life, from obtaining employment and housing to travelling freely, don’t be afraid to ask for help to obtain a pardon. Someone who knows the system can go a long way in reducing the burden on you and your loved ones as you try to move forward.
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