Frequently asked questions:
Is it possible to delete your criminal record?
How can I delete my criminal record?
What is a pardon? How do I get a pardon?
If you’ve ever asked yourself these questions, you’re in the right place. In Canada, a record suspension, formerly known as a pardon, is a measure that allows individuals with a criminal record to have their record kept separate and apart from the general criminal records database. It does not erase or remove the record, but it sets it aside and removes certain legal barriers associated with having a criminal record.
Obtaining a record suspension can be a lengthy process, and it is administered by the Parole Board of Canada (PBC). Here are the general steps involved:
Eligibility: To be eligible for a record suspension, you must have completed all sentences, including any fines, probation, or incarceration, and have observed a waiting period after the completion of your sentence. The waiting period varies depending on the offense: five years for a summary conviction offense and ten years for an indictable offense.
Obtain required documents: You need to gather various documents, such as court documents, police records, and other relevant paperwork that demonstrate your criminal history.
Application submission: Complete the application form provided by the Parole Board of Canada, ensuring that all sections are filled accurately. You will need to pay the application fee, which is non-refundable.
Documentation submission: Submit all the required documents, including the application form, court documents, fingerprints, and any other supporting evidence requested by the PBC. It’s essential to ensure that all documents are complete and up to date.
Review and decision: The Parole Board of Canada will review your application and assess your eligibility. They will consider factors such as your conduct since the offense, the nature of the offense, your criminal history, and any relevant information provided by law enforcement agencies.
Wait for the decision: The review process may take several months, and you will be notified in writing of the board’s decision.
If your application is successful, you will receive a record suspension, and your criminal record will be kept separate from the general database. This can provide benefits such as increased employment opportunities and improved access to housing and travel. However, it’s important to note that some organizations, such as law enforcement agencies and certain employers, may still have access to your record even after a record suspension.
It’s crucial to understand that the application for a record suspension does not guarantee automatic approval or the suspension of your record. This is particularly important to keep in mind due to the substantial fees associated with the application process.
Furthermore, it’s important to note that a record suspension is not a permanent guarantee, as it can be revoked under certain circumstances. Revocation may occur if an individual is convicted of a new indictable offense or, in some cases, a summary offense. Additionally, if it is determined that the individual is no longer of good conduct, has provided false information or concealed information during the application process, or if it is discovered that they were not eligible for the record suspension in the first place, the suspension may be revoked. In such cases, the individual’s criminal record would be reintegrated into the Canadian Police Information Centre (CPIC) database.
Sounds complicated right? Well, it can be! Zaidi Legal PC is a reputable law firm that specializes in assisting clients with various legal matters, including record suspensions in Canada. With their extensive knowledge and experience in criminal law, they can guide individuals through the complex process of applying for a record suspension, ensuring that all necessary documents are collected and submitted accurately and on time.
The lawyers at Zaidi Legal PC understand the significance of a record suspension and its potential impact on their clients’ lives. They provide personalized attention and support, working closely with clients to assess their eligibility, prepare strong applications, and advocate on their behalf before the Parole Board of Canada. Zaidi Legal PC strives to obtain positive outcomes, helping clients achieve a fresh start by securing record suspensions and minimizing the legal barriers associated with a criminal record.
Interested in applying for a record suspension? Contact Zaidi Legal PC today.
The information presented in this blog post is thoroughly reviewed for accuracy and authenticity as of the date of publication, and is believed to be a reliable reflection of the law to the best of our knowledge. However, as the legal landscape is constantly evolving, we cannot guarantee the ongoing accuracy or completeness of this information beyond the date of publication. This material is provided for informational purposes only and is not intended to substitute for professional legal advice. Any actions taken based on the information contained on this website are undertaken at your own risk. It is always recommended to seek the advice of our team of legal professionals before making any legal decisions.
