How to Apply for a Record Suspensions in Canadian Law

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Anybody convicted of a criminal offence in Canada is legally entitled to apply for Record Suspension after they have successfully served out their sentence. The law goes on to specify that they must be able to demonstrate to the Parole Board of Canada (PBC) that they have been leading a crime free life over a specified time period. A successfully Record Suspension application results in the removal of the criminal record from the database of the Canadian Police Information Center. The records are not destroyed but rather sealed so that they are publicly inaccessible. In fact, Canadian employment law specifically prohibits employers from asking a job applicant if they have a criminal record. Employers are supposed to ask the applicant if he/she has a conviction for which a Record Suspension has not been granted.
Before a convict can apply for Record Suspension, they are required to wait until they have served their sentence. This includes paying any fines in full and serving any probation or parole. The waiting period is based on the seriousness of the offence. Less serious crimes have a stipulated time period three years after serving, paying fines and completing parole. More serious crimes have a minimum five years waiting period before the ex-convict is eligible for parole. Indictable sexual offences and manslaughter have a minimum ten year waiting period. Murder is the only offence that is not Record Suspensionable.

After the waiting period has lapsed, the ex-convict makes an application to Parole board of Canada.  A fair amount of paper work is involved; it must be submitted in full and must be 100% accurate. Any real or perceived errors will result in an automatic denial of Record Suspension. Once an application is denied, the applicant has to wait another full year before making a second application. Utmost care must therefore be taken when making a Record Suspension application. There are also a number of issues that must be addressed based on the nature of the crime. For example, if the conviction relates to an indictable offence or sexual crime, the applicant must explain to the board how a Record Suspension would be of benefit to them and change their present circumstances. They must also explain the circumstances under which they committed the offence. All this requires very careful planning and preparation. The majority of applicants that apply for Record Suspension on their own, end up getting denied; the surest bet to getting a Record Suspension application granted is to engage the services of an expert.

Secure Your Freedom with a Record Suspensions

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Thousands of Canadians live with the stigma of minor crimes committed when they were younger. It is a fact of life that when people are young especially in their teenage years and early twenties, they tend to be carefree and go about their business with little regard for societal standing and future consequences. Unfortunately, for most us, the sins of our youth return to haunt us later in life. It may be in the form of a drunken driving conviction, drug related misdemeanor or some other crime that is common with people in their youth. Unless you take steps to have these offences removed from your record via a Record Suspensions, your life can considerably be disrupted. The most immediate danger would be your inability to get a job due to employer background checks. Other ways your life could be affected negatively include:

  • Inability to travel to the US and other countries
  • Ineligibility to work as a volunteer with some charitable organizations
  • Delayed or denied rental approvals
  • Ineligibility to work with kids—a key requirement in some professions
  • Ineligibility to adopt a child
  • Fewer opportunities for educational advancement
  • You cannot apply for child custody especially if your offences are drug related

Thankfully, there are legal ways to redeem yourself from this stigma. The Criminal Records act of Canada allows the Parole Board of Canada to grant pardons to past offenders based on certain set criteria. Summary offences can be pardoned after three years while more serious offences can be pardoned after five years. You must have served and completed your sentences, paid all outstanding fines and been of good behavior to qualify for a Record Suspensions.
The Parole Board of Canada makes the final determination of whether your pardon is to be granted or denied. If pardon is granted, your criminal record is deleted from the Canadian Police Information Centre (CPIC). However, take note that this does not mean that the record no longer exists. Quite the contrary, it continues to exist but cannot be publicly accessed. Only the Canadian Solicitor General is authorized to disclose any information regarding your pardon. He would do so if this action is deemed to be favorable to national security or public safety.
Applying for a pardon is quite technical and any errors or misstatements in your application can result in a denial. This is why you require the services of Record Suspensions to take care of the extensive documentation and make sure your application is factual and free from errors of any kind.

Do not live with stigma any more, secure your freedom today with a Record Suspensions.