How to Apply for Record Suspension Pardon Canada: A Comprehensive Tutorial

Introduction

In Canada, a criminal record can have lasting effects on an individual’s personal and professional life. A record suspension, formerly known as a pardon, offers a pathway to clear your criminal record, allowing you to move forward without the stigma associated with past convictions. Applying for a record suspension is a legal process governed by the Parole Board of Canada (PBC) and can significantly improve opportunities for employment, travel, and social integration.

This tutorial provides a detailed, step-by-step guide on how to apply for a record suspension in Canada. It covers the eligibility criteria, the application process, best practices to ensure success, useful tools and resources, real-world examples, and frequently asked questions. Whether you are applying for the first time or seeking to understand the nuances of the process, this guide will equip you with the knowledge needed to navigate your record suspension application effectively.

Step-by-Step Guide

Step 1: Determine Your Eligibility

Before applying for a record suspension, confirm that you meet the eligibility criteria established by the Parole Board of Canada:

• Completion of Sentence: You must have completed all sentences related to your conviction(s), including prison time, fines, probation, and restitution orders.
• Waiting Period: The waiting period varies depending on the type of offence:
  • Summary offences: 5 years free of further convictions.
  • Indictable offences: 10 years free of further convictions.

• No New Convictions: You must have a clean record during the waiting period.
• Exclude Certain Offences: Some serious offences, such as sexual offences against minors, may not be eligible.

Step 2: Obtain Your Criminal Record

You need an official copy of your Canadian Criminal Record to proceed. This can be obtained through the Royal Canadian Mounted Police (RCMP) by submitting a fingerprint-based criminal record check. This document is essential to verify your eligibility and to include with your application.

Step 3: Complete the Application Package

The record suspension application package is available on the Parole Board of Canada website. It includes:

• Application form
• Consent form
• Self-declaration form
• Criminal record check instructions
• Fee payment form

Carefully fill out each form, ensuring all information is accurate and complete. Incomplete applications can lead to delays or refusals.

Step 4: Gather Supporting Documents

Supporting documents strengthen your application and may include:

• Court documents related to your conviction
• Proof of sentence completion
• Character references from employers, community leaders, or others who can attest to your rehabilitation
• Proof of Canadian citizenship or immigration status

Step 5: Pay the Application Fee

The current application fee for a record suspension is $644.88 (subject to change), payable by certified cheque or money order to the Receiver General for Canada. Keep the receipt as proof of payment to include with your application.

Step 6: Submit Your Application

Mail your completed application package, supporting documents, criminal record check, and payment receipt to the Parole Board of Canada at the address specified in the application guide. It is advisable to use a secure mailing method with tracking.

Step 7: Application Review and Decision

The Parole Board reviews your application thoroughly, which may take several months to over a year depending on case complexity and volume. During this time, they may request additional information or clarification. The Board will notify you of their decision in writing.

Step 8: Maintain Your Record Suspension

Once granted, a record suspension can be revoked if you commit another offence. It is essential to maintain a clean record to preserve the benefits of the suspension.

Best Practices

Ensure Complete and Accurate Information

Double-check all forms for accuracy and completeness. Errors or omissions may delay the process or result in refusal.

Obtain Quality Character References

Choose references who know you well and can provide detailed, positive statements about your rehabilitation and character.

Prepare for Potential Follow-Up

Be responsive to any requests from the Parole Board for additional documents or clarification to avoid delays.

Keep Copies of Everything

Maintain copies of all submitted forms, documents, and correspondence for your records.

Seek Legal Advice if Necessary

If your case is complex or you encounter issues, consulting a lawyer or legal professional experienced in record suspensions can be beneficial.

Tools and Resources

Parole Board of Canada Website

The official website provides application forms, guides, eligibility information, and contact details:

https://www.canada.ca/en/parole-board.html

RCMP Criminal Record Check

Information for obtaining your criminal record through fingerprinting:

https://www.rcmp-grc.gc.ca/en/criminal-record-check

Sample Character Reference Letters

Templates and examples of effective character references can help you draft strong letters.

Legal Aid and Advocacy Groups

Various organizations provide free or low-cost assistance for record suspension applications.

Real Examples

Example 1: Successful Application After Summary Offence

John, convicted of a summary offence five years ago, completed all sentences and had no subsequent convictions. He carefully prepared his application, included three strong character references, and submitted his criminal record check. His record suspension was granted after nine months, allowing him to secure new employment without disclosure issues.

Example 2: Indictable Offence With Extended Waiting Period

Maria was convicted of an indictable offence and waited ten years before applying. Despite a complex criminal history, she worked with a legal advisor to compile thorough documentation and demonstrate rehabilitation. Her application was approved after over a year of review.

Example 3: Refusal Due to New Convictions

David applied for a record suspension but was denied because he had acquired a new conviction during the waiting period. This highlights the importance of maintaining a clean record to be eligible.

FAQs

What is the difference between a record suspension and a pardon?

The term "pardon" was replaced by "record suspension" in 2012 under the Canadian Criminal Records Act. Both refer to the same process of setting aside a criminal record.

How long does the record suspension process take?

The process can take anywhere from several months to over a year, depending on the complexity of your case and the workload of the Parole Board.

Can I apply for a record suspension if I have multiple convictions?

Yes, but you must complete all sentences and meet the waiting period for the most recent conviction. Each case is evaluated individually.

Will my criminal record be erased after a record suspension?

No, the record is not erased but is kept separate and not disclosed in most circumstances. Certain law enforcement and government agencies may still access it.

Can a record suspension be revoked?

Yes, if you commit another offence after the suspension is granted, it can be revoked.

Conclusion

Applying for a record suspension in Canada is a vital step towards reclaiming your future after a criminal conviction. Understanding the eligibility criteria, preparing a thorough application, and following best practices can improve your chances of success. While the process requires patience and attention to detail, the benefits of a record suspension—including improved employment prospects, travel freedom, and social reintegration—are well worth the effort.

Leverage the official resources and seek professional support if needed to navigate this process confidently and efficiently. With the right preparation, a record suspension can open the door to a new chapter in your life.