Anonymous

Difference between revisions of "Criminal Records & Record Suspensions"

From Clicklaw Wikibooks
Line 18: Line 18:
Before you apply for a record suspension, you must serve your sentence and then wait for a certain time. The wait time depends on the type of conviction: 5 years for a summary conviction (a less serious offence) and 10 years for an indictable conviction (a more serious offence). This time starts running only when you finish serving your sentence. And that means you must have served your jail time (including parole and statutory release); paid all fines, surcharges, costs, and orders for restitution or compensation; and satisfied your probation order.
Before you apply for a record suspension, you must serve your sentence and then wait for a certain time. The wait time depends on the type of conviction: 5 years for a summary conviction (a less serious offence) and 10 years for an indictable conviction (a more serious offence). This time starts running only when you finish serving your sentence. And that means you must have served your jail time (including parole and statutory release); paid all fines, surcharges, costs, and orders for restitution or compensation; and satisfied your probation order.


If you received only an absolute or conditional discharge, you don’t need to apply for a record suspension because the record of your discharge is automatically removed from the Canadian Police Information Centre computer system. That happens 1 year after the date of the sentence for an absolute discharge and 3 years after the date of the sentence for a conditional discharge. But for discharges before July 24, 1992, you have to make a written request to remove your discharge. Check script [[Conditional Sentences, Probation and Discharges (Script 203)|203], called “Conditional Sentences, Probation and Discharges”, for more on this.
If you received '''only''' an absolute or conditional discharge, you don’t need to apply for a record suspension because the record of your discharge is automatically removed from the Canadian Police Information Centre computer system. That happens 1 year after the date of the sentence for an absolute discharge and 3 years after the date of the sentence for a conditional discharge. But for discharges before July 24, 1992, you have to make a written request to remove your discharge. Check script [[Conditional Sentences, Probation and Discharges (Script 203)|203], called “Conditional Sentences, Probation and Discharges”, for more on this.


==How do you apply for a record suspension?==
==How do you apply for a record suspension?==
3,009

edits