Frequently Asked Questions

The process to obtain a Record Suspension (pardon) involves obtaining your records and filing an application with the Parole Board of Canada. The time to acquire a Canadian Record Suspension varies with the extent of your record and the number of police and court checks we need to obtain, as well as how quickly each individual court and police agency attends to our requests.Our company endeavours to streamline the Record Suspension application process as much as possible, and so we can generally have this application ready anywhere from six months to a year providing the process goes smoothly, and we do not experience any difficulties with the courts or local police in obtaining the record required.The following are steps in the process:

• Obtaining a set of fingerprints from your local police detachment or another authorized private fingerprinting service
• Signing the required Parole Board of Canada (PBC) application
• Obtaining a certified copy of your criminal record, which is required by the PBC to determine what local police checks and court documents will be required to successfully complete your petition
• Depending on the jurisdiction, requiring you to attend your local police detachment in person to get the required police check, noting that each police agency has its own rules and requirements
• Once all documents needed have been received from the various agencies, finalizing your application and petitioning the PBC on your behalf

Be aware that our timeframes to complete the application process do not include the decision-making time of the Parole Board of Canada. Officially, the process for applications with only summary offences is completed within six months of being accepted. Applications with indictable offences can take up to twelve months to be granted. Note that any application process for which a proposal to deny is issued can take up to twenty-four months to be granted.As your representatives, we receive and manage all communications with the police, courts, and the PBC. We take care of the process on your behalf. Your employer, family members, or neighbours are not contacted.

A granted Record Suspension or pardon will affect your US Entry Waiver application by adding some extra steps. Once you have a pardon or granted Record Suspension, any associated information located at the court level will be sealed, limiting future access. This often makes it difficult for individuals who later apply for a US Entry Waiver because the Department of Homeland Security requires certified court documents for each pardoned offence.The Criminal Records Act imposes restrictions on access to court documents and a request for access must be made in accordance with policies established by the court registry. AllCleared is well aware of the various courts across Canada and each of their specific requirements for requesting supporting court documentation. If you have pardoned offences from British Columbia especially, we will need to complete a process known as an “Application to a Judge” in order to be granted access to the information. We complete the Application to a Judge form and provide additional paperwork as required. This process also requires that we obtain a notarized copy of two pieces of valid, government-issue ID. We use these documents to petition the Office of the Chief Judge to grant the order so that we can access the certified documents for each court where you were convicted.Courts such as those in Alberta or Ontario, will also require signed authorization from the pardoned individual in order to release those records to a third party. For any other courts, the request for information will need to be accompanied by the exact date of the convictions, which can be found on the applicant’s granted pardon.

There are several ways that you will be updated on the progress of your file. Our service includes a state of the art records management system. This system tracks your file activity. You can check it at anytime 24/7 by logging in through your secure online portal.As soon as you sign up with AllCleared, you will be sent access details to your personal file. There you can stay up to date with the status of your file.You can also call or email. Our staff are available with extended hours Monday to Friday. Meanwhile we do our part by letting you know about document requirements, sending reminders and general updates. Our experienced staff keeps on top of the legislation on both sides of the border that affects pardons (Record Suspension) and travel waivers. This includes monitoring news from the Parole Board of Canada and the Department of Homeland Security. You can stay current by receiving our newsletter. If anything affects your file directly, we will update you.

Yes, you can have your questions answered over the phone. Our initial consultation is free. During this time, we will answer all your questions about pardons and waivers and let you know if you may be eligible. Our team of knowledgeable Client Care Specialists are available from 6am-6pm PST, or 9am-9pm EST. They are pleased to answer your questions and guide you through the process.Once you start your application, you can call for status updates, email or check your account on our secure client portal.We also have staff available to assist you outside of regular business hours at 1-866-972-7366.

We have an office located in Vancouver, Calgary, Edmonton, Toronto, Ottawa, and Montreal. However, you don’t need to live in these cities to access our services. We have clients from St. John’s to Tofino and from Leamington to Alert – plus all points in between. All of our clients receive service by telephone (toll-free), mail and email.Our convenient computer portal means you can access information from anywhere. You can get updates on your file at any time of day or night.We have extended business hours from Monday to Friday, and our client advisors work hard to respond to clients as soon as possible (usually within one business day).Clients not in close proximity to our offices are served equally well through our toll-free numbers and expedited post arrangements. Click here to visit our Contact Us page for addresses.

Yes, your military record can be pardoned after the Record Suspension process.When your criminal record is suspended, your service record will also be amended. You are eligible after 10 years if you have:

• An indictable offence
• A service offence punishable by a fine of more than $2,000, more than six months imprisonment or detention, or dismissal from the army

If you have a summary offence, or an offence with a smaller sentence, you may be eligible after five years.The process for service records is the same as civilian records. You must apply for a Record Suspension through the Parole Board of Canada.Part of the Record Suspension process is obtaining your Military Conduct Record from either the National Archives or your Commanding Officer, as required by the Parole Board of Canada. Where your record can be obtained depends on whether or not you were a reserve member, or how long it has been since you left the military. If you are a current member of the military, your conduct record will always be obtained through your commanding officer.

The limitations of a US Entry Waiver are:

• A US Entry Waiver is only temporary (generally from one to five years)
• You can still be denied entry, but not for the criminal record specified in your application
• You must maintain a clean record
• The Waiver does not give you the right to live, work or study in the US. If that's your goal, you will also need to apply for the applicable visa.

Otherwise, the A US Entry Waiver allows the holder access into the United States just the same as any other admissible person. Once the US Entry Waiver has been granted, the applicant will be sent a I-94 form that will state that the waiver has been granted, for what reasons the applicant can enter the United States (generally business and/or pleasure), as well as how long the waiver has been granted for.One of the key limitations that the applicant needs to be aware that US Entry Waivers are only granted on a temporary basis up to a maximum of five (5) years. Note that the United States used to grant Canadians permanent border crossing cards, but this program has since come to an end, (although cards granted prior to the termination of this program are still valid, providing the holder has not since been involved in anything that would render him or her inadmissible.) Generally, the first waiver will be granted for one or two years, but further reapplications will result in waivers valid for longer periods of time.Naturally, a US Entry Waiver only grants you access to the United States, and other countries will have their own requirements for allowing those with a criminal record into their country. Most other countries are not as particular as the United States when it comes to a Canadian criminal record. However, you may still be denied into these countries if you are deemed a significant threat. For each country’s individual entry requirements, we encourage you to contact its embassy or consulate in Canada.Lastly, any Canadians wishing to apply for a NEXUS card may have to consent to a full background check as required by the United States. You may be questioned about your full conviction history regardless of whether or not it has been pardoned.

No, you do not require a lawyer to apply for a US Entry Waiver. All the required forms, as well as instructions for the application, can be obtained from the U.S. Customs and Border Protection Agency’s website.However, it’s important to remember that the application for a US Waiver is a very complex process that can vary from application to application. In some cases, the basic requirements will be sufficient to be granted a valid waiver. On the other hand, some more complicated applications that involve multiple offences, or particularly serious offences, may require substantially more work to be done. In these cases the application process can quickly spiral outside of the applicant’s expertise. We often take on clients that have attempted to do a waiver on his or her own, and have become frustrated at the process to the point of abandoning their application altogether. This can be as a result of requiring supporting documentation that the applicant does not know how to obtain, or managing to get certain information to the Department of Homeland Security within their very tight time-frames.The expertise of a representative can also help ensure that your application will be the best one that you can submit. The quality of an application can make the difference between it being granted or denied, as well as affecting how long the waiver is granted for (up to a maximum of five years). In the end the choice is up to you whether or not you wish to attempt this process on your own, however make sure that you fully understand the risks involved in doing this application yourself before making a decision.