Criminal Record Pardons: Advocacy and Assistance in the Record Suspension Application Process

Question: What are the steps involved in applying for a criminal record suspension in Canada?

Answer:   The process for applying for a criminal record suspension is complex and may take up to a year to complete.  To begin, applicants must gather necessary documents such as court records and fingerprint checks, and ensure they have fulfilled any waiting periods—five years for summary offences and ten years for indictable offences.  Pollock Paralegal can guide you through each step, ensuring that your application is prepared correctly and submitted efficiently, helping you move forward with confidence.

Criminal Record Suspension Application Procedures

Even good people sometimes do bad things; however, and within reason, the consequences of a mistake should eventually end.  Unfortunately, long after a debt to society is paid, the negative affects of a criminal record can continue to present challenges such as impairing the ability to travel freely, and limiting employment opportunities, among other restrictions.  Removing the limitations arising from the burden of a criminal record can open up a whole new life full of opportunities.

The Law

In March 2012, the Safe Streets and Communities Act, S.C. 2012, Chapter 1, came into effect thereby making many changes to the Criminal Code of Canada, R.S.C. 1985, c. C-46, among other statutes, including the Criminal Records Act, R.S.C. c. C-47, which included changes to the guidelines and procedures for obtaining a pardon, including change of the term pardon to the new term, criminal record suspension. Among the various amendments, the waiting periods for obtaining a record suspension now require that five (5) years have passed since the applicant was last convicted of a summary conviction offence or ten (10) years have passed since the applicant was last convicted of an indictable offence.

Expected Process

Applying for a record suspension may involve various complexities depending on the individual situation of the applicant as the application process requires various supportive documents be obtained from various sources and submitted collectively as a complete package with the primary application documents.  The various supportive documents include court records from the jurisdictions in which convictions were registered, finger print checks, among other things.  The process of gathering the required documents and preparing the properly complete package often takes a few months; and after the package of application document are submitted, a decision may take a few more months.  Overall, the entire process may take up to a year, and maybe more for highly complex situations.

Application Guidelines

When applying for a criminal record suspension you must be in law-abiding status subsequent to the end of your most recent sentence and be without any outstanding fines or fees due to the government such as monies owed for driving offences (traffic tickets), among other things.

Additionally, you must await expiry of the applicable waiting period.  The waiting period is five (5) years after completion of summary conviction sentences or ten (10) years after completion of a sentence for an indictable offence conviction.

Furthermore, persons previous convicted for sexual offences may have limitations applicable to a record suspension.  Persons previously convicted of three, or more, indictable offences involving prison sentences of two (2) years or more, as well as persons previously convicted for sexual offences inflicted upon minor persons are unable to obtain a record suspension (a few very rare exceptions may apply).