A record suspension, formerly known as a pardon, is a legal process that allows people who have been convicted of a criminal offence to have their criminal record kept separate and apart from other criminal records. This means that a search of the Canadian Police Information Centre (CPIC) database will not show that the individual has a criminal record or a record suspension.
Who is eligible for a record suspension?
To be eligible for a record suspension, you must meet the following criteria:
- You must fully complete all of your sentences for your criminal convictions, including any fines, probation orders, and jail time.
- You must be crime-free for a certain period of time, depending on the severity of your conviction. For example, if you were convicted of a summary offence, you must be crime-free for three years. If you were convicted of an indictable offence, you must be crime-free for five years before applying.
- You must demonstrate that you are of good character. This means that you must show that you are a law-abiding citizen who is making positive contributions to your community.
How to apply for a record suspension
To apply for a record suspension, you must submit an application form and supporting documentation to the Parole Board of Canada. The application form can be downloaded from the Parole Board of Canada website. You will also need to pay a fee of $50.00.
The supporting documentation that you must submit will vary depending on your individual circumstances. However, some common supporting documents include:
- A copy of your criminal record
- Letters of reference from friends, family, and employers
- Proof of your rehabilitation efforts, such as educational certificates or volunteer experience
Once you have submitted your application, the Parole Board of Canada will review it and make a decision. If your application is approved, you will be granted a record suspension. If your application is denied, you can reapply after one year.
Benefits of having a record suspension
A record suspension can have several benefits, including:
- Improved employment opportunities: Many employers conduct criminal record checks on job applicants. A record suspension can make you more competitive in the job market.
- Improved housing opportunities: Some landlords conduct criminal record checks on potential tenants. A record suspension can make it easier to find housing.
- Improved travel opportunities: Some countries require visitors to obtain a visa. A record suspension can make it easier to obtain a visa.
- Improved self-esteem: A record suspension can help you to move on from your past and live a full and productive life.
If you are considering applying for a record suspension, it is important to speak with a lawyer to discuss your eligibility and options. A lawyer can help you to complete your application form and provide you with advice on how to increase your chances of success.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.