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Difference between revisions of "Criminal Records & Record Suspensions"
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Criminal Records & Record Suspensions (view source)
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{{REVIEWEDPLS | reviewer = Jordan Allingham, Ferguson Allingham and | {{REVIEWEDPLS | reviewer = [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham and [https://www.paulbriggslawyer.com/ Paul Briggs], Paul Briggs Law|date= March 2020}} {{Dial-A-Law TOC|expanded = crime}} | ||
Information about a person found guilty of a crime is kept in their '''criminal record'''. Learn about criminal records, including how to apply for a '''record suspension''' (formerly a pardon). | Information about a person found guilty of a crime is kept in their '''criminal record'''. Learn about criminal records, including how to apply for a '''record suspension''' (formerly a pardon). | ||
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If you’ve been charged with a crime, you can avoid a criminal record by having your case dealt with through '''alternative measures''' (also called '''diversion'''). You might be eligible for diversion if the charge against you is minor, you have no criminal history, you accept responsibility for the crime, and you feel sorry about what you’ve done. | If you’ve been charged with a crime, you can avoid a criminal record by having your case dealt with through '''alternative measures''' (also called '''diversion'''). You might be eligible for diversion if the charge against you is minor, you have no criminal history, you accept responsibility for the crime, and you feel sorry about what you’ve done. | ||
If you are accepted into diversion, you follow a program set out for you that may include community service work or counselling. If you complete the diversion program, the criminal charge is '''stayed''' (meaning the Crown won’t go ahead with the charge against you). This means you won’t get a criminal record. For more, [ | If you are accepted into diversion, you follow a program set out for you that may include community service work or counselling. If you complete the diversion program, the criminal charge is '''stayed''' (meaning the Crown won’t go ahead with the charge against you). This means you won’t get a criminal record. For more, [https://dialalaw.peopleslawschool.ca/pleading-guilty-to-a-criminal-charge/ see our information on pleading guilty to a criminal charge]. | ||
===A record of a discharge is temporarily on your record=== | ===A record of a discharge is temporarily on your record=== | ||
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After the one- or three-year period, the RCMP must delete any record of your discharge from their records. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-47/latest/rsc-1985-c-c-47.html#sec6.1_smooth Under the law in Canada], no record of your discharge can be disclosed to anyone except in specific circumstances, such as if your fingerprints were found at the scene of a crime. | After the one- or three-year period, the RCMP must delete any record of your discharge from their records. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-47/latest/rsc-1985-c-c-47.html#sec6.1_smooth Under the law in Canada], no record of your discharge can be disclosed to anyone except in specific circumstances, such as if your fingerprints were found at the scene of a crime. | ||
For discharges before 1992, you must make a written request to remove the discharge. [ | For discharges before 1992, you must make a written request to remove the discharge. [https://www.rcmp-grc.gc.ca/form/index-eng.htm Visit the RCMP website] for a form to request a discharge be purged from RCMP records. | ||
===A record suspension limits access to your criminal record=== | ===A record suspension limits access to your criminal record=== | ||
If you’re found guilty of a crime, your criminal record doesn’t disappear, even after many years. | If you’re found guilty of a crime, your criminal record doesn’t disappear, even after many years. | ||
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To get a record suspension, [https://www.canada.ca/en/parole-board.html you must ask the Parole Board of Canada]. [https://www.canada.ca/en/parole-board/services/record-suspensions/official-pbc-application-guide-and-forms.html Visit their website] for the application form and a step-by-step guide. You can also call the Parole Board for information at 1-800-874-2652. | To get a record suspension, [https://www.canada.ca/en/parole-board.html you must ask the Parole Board of Canada]. [https://www.canada.ca/en/parole-board/services/record-suspensions/official-pbc-application-guide-and-forms.html Visit their website] for the application form and a step-by-step guide. You can also call the Parole Board for information at 1-800-874-2652. | ||
There is an application fee of $ | There is an application fee of $50. You must also pay to have your fingerprints taken, get a copy of your criminal record, and get other documents from the court and local police. | ||
The process involves many documents and several stages. It can take six months to two years before getting an answer from the Parole Board. | The process involves many documents and several stages. It can take six months to two years before getting an answer from the Parole Board. | ||
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No. You can apply directly to the Parole Board for a record suspension. The Parole Board won’t give you preferred treatment if you use a lawyer or specialized company. If you hire a lawyer or specialized company, you’ll have to pay for their services. | No. You can apply directly to the Parole Board for a record suspension. The Parole Board won’t give you preferred treatment if you use a lawyer or specialized company. If you hire a lawyer or specialized company, you’ll have to pay for their services. | ||
===Can the Parole Board cancel a record suspension?=== | |||
====Can the Parole Board cancel a record suspension?==== | |||
Yes. The Parole Board can cancel a criminal record suspension in these situations: | Yes. The Parole Board can cancel a criminal record suspension in these situations: | ||
* The person was convicted of a new crime. | * The person was convicted of a new crime. | ||
* The person is “no longer of good conduct.” | * The person is “no longer of good conduct.” | ||
