Difference between revisions of "I Want to Have My Criminal Record Removed"

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| tips = Record suspensions used to be called ''pardons'' before March 2012.
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A criminal record can have an impact on future employment, education or international travel. If you have a criminal record and you have completed your sentence, you may be able to get a ''record suspension'' from the Parole Board of Canada.
| text      = '''Alert:''' The term "pardon" has been replaced with "record suspension" as of March 2012. The Parole Board of Canada website provides a [http://pbc-clcc.gc.ca/prdons/c23b-eng.shtml summary of changes to eligibility], and a new "[http://pbc-clcc.gc.ca/prdons/pardon-eng.shtml Record Suspension Guide]." <br>
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}}If you have a criminal record, you may apply to the Parole Board of Canada for a ''record suspension'' (formerly a ''pardon''). A record suspension does not change the fact that you were convicted, nor does it erase your criminal record. A record suspension keeps your criminal record separate and apart from other criminal records by removing all information about your convictions from the Canadian Police Information Centre (CPIC).  


The key benefit of a record suspension is it removes disqualifications caused by a criminal conviction, such as the ability to contract with the federal government and eligibility for Canadian citizenship. In many ways, a record suspension allows law-abiding citizens the opportunity to reintegrate into society.  
A record suspension means that your criminal record will be removed from the Canadian Police Information Centre (CPIC) database so that it can’t be seen by people such as a school or potential employer.


In <span class="noglossary">order</span> to be eligible for a record suspension, you must be conviction-free for a period of time after ''completion'' of your sentence and also be of good conduct during that period. The waiting period for a record suspension is five years for all ''summary''  offences, such as theft under $5,000, and ten years for all ''indictable'' offences (indictable offences are considered more serious than summary offences). However, not everyone is eligible for a record suspension. For example, if you have been convicted of sexual offences against minors (with certain exceptions), you are not eligible for a record suspension.  
==First steps==
#Decide if you want or need a record suspension.  Some things to consider:
#*Record suspensions cost over $600.
#*Record suspensions apply only to convictions under federal laws such as the ''Criminal Code'' or the ''Controlled Drugs and Substances Act'' or similar international offences.  They do not apply to convictions under provincial laws like the ''Motor Vehicle Act''.
#*Record suspensions are generally not available for sexual offences against children or for people with more than 3 convictions for serious offences where they received jail sentences of 2 or more years for each.
#*You must have completed all aspects of your sentence for at least 5 years to receive a record suspension for a summary offence and at least 10 years to receive a record suspension for an indictable offence.
#*You do not need to apply for a record suspension for youth offences or, generally, for adult offences where you received an absolute or conditional discharge.
#If you decide to apply for a record suspension, get your fingerprints taken on a Fingerprint Form at a police station.  There will be a fee.  Ensure that the Fingerprint Form shows that you are applying for a record suspension.
#Mail the Fingerprint Form with your fingerprints on it to:
:::RCMP Civil Fingerprint Screening Service
:::PO Box 8885, Ottawa, Ontario, K1G 3M8
You will have to include a certified cheque, money order or bank draft of $25 made out to the Receiver General of Canada.
#Obtain a Record Suspension Guide (which includes the application forms) from the Parole Board of Canada.  You can download the guide from the [http://www.recordsuspension.gc.ca Record Suspensions website], or request it by email to suspension@pbc-clcc.gc.ca or by phone to 1-800-874-2652 (toll free).
#Follow the step-by-step Record Suspension Guide to complete your application for a record suspension.  It is quite detailed, so you may want to watch the Canada Parole Board [https://www.canada.ca/en/parole-board/corporate/publications-and-forms/videos/how-to-apply-for-a-record-suspension-video-tutorial.html video guides].  The Canada Parole Board charges a fee ($631 as of May 2017) for processing the application.


In applying for a record suspension, you must show how receiving a record suspension would provide you with a "measurable benefit," and describe how it <span class="noglossary">will</span> help your rehabilitation into society as a law-abiding citizen.  
== What happens next ==
You will receive written notification about the decision of the Canada Parole Board on your application.  The Board tries to make their decisions within 6 months for summary offences and 12 months for indictable offences.


==First steps==
If your application is incomplete, it will be returned to you and you will have a chance to provide the additional information.
#Get a record suspension application package from the Parole Board of Canada by calling 1-800-874-2652 or downloading the "[http://pbc-clcc.gc.ca/prdons/pardon-eng.shtml Record Suspension Guide]" on their website. You can also get a record suspension application package at many police stations and courthouses. This application package includes the forms you <span class="noglossary">will</span> need to apply for all of the required supporting documents. (Alternatively, use one of the private services that help people get record suspensions. They charge a fee to help fill out your application and obtain and submit necessary documents. Look in the Yellow Pages or on the internet under "pardons" or "record suspensions.")
 
#Get a copy of your criminal record from the RCMP and local police records from the local police.
A record suspension doesn’t make your record "go away". The suspension can be revoked if you are convicted of another serious offence or are found to have given false information on your application.
#Get copies of your ID and proof of your status in Canada, if you were not born here.
#If required, get additional information from the court where you were convicted. You <span class="noglossary">will</span> need additional court information if you do not already have proof of payment for all fines, victim surcharges, restitution, and compensation, as well as proof of the method of trial for each conviction (that is, summary or indictable).
#Complete the record suspension application and send it to the Parole Board of Canada with $631 and all of the necessary supporting documents, including the required checklist found in the application package. Your application must include information on:
#*What changes a record suspension would bring to your present circumstances.
#*All positive changes you have already made to improve your situation since your conviction (plus supporting documents).
#*A description of the circumstances and how/why the offences were committed.


== What happens next ==
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The Parole Board of Canada <span class="noglossary">will</span> examine your application to decide if you are eligible for a record suspension. You <span class="noglossary">will</span> be advised of their <span class="noglossary">decision</span> in writing in about 12 to 20 months.
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| tips = Record suspensions do not guarantee your ability to travel internationally.  Check with the nearest embassy, consulate or mission of the country you wish to visit to learn about the requirements for visiting their country.
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== Where to get help ==
== Where to get help ==
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*[[Parole Board of Canada]].
*[[Parole Board of Canada]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1036 How do I apply for a pardon?]"
*[https://www.clicklaw.bc.ca/resource/1309 Criminal Records and Applying for a Record Suspension], a Dial-a-Law script from the Canadian Bar Association. This provides an overview of how to apply for a record suspension.
*[https://www.clicklaw.bc.ca/resource/1989 The Record Suspension Fact Sheet and Application Guide], from the Parole Board of Canada. This includes a fact sheet on record suspensions and also has the application guide and form available for download.
*[http://www.clicklaw.bc.ca/resource/4377 Canada Parole Board Video on Record Suspensions]  


{{REVIEWED | reviewer = [[Richard Hewson]], February 2013}}
{{REVIEWED | reviewer = [[Lisa Helps|Lisa J. Helps]], May 2017}}


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Latest revision as of 20:42, 17 May 2017

Tipsandnotes.png
Record suspensions used to be called pardons before March 2012.

A criminal record can have an impact on future employment, education or international travel. If you have a criminal record and you have completed your sentence, you may be able to get a record suspension from the Parole Board of Canada.

A record suspension means that your criminal record will be removed from the Canadian Police Information Centre (CPIC) database so that it can’t be seen by people such as a school or potential employer.

First steps[edit]

  1. Decide if you want or need a record suspension. Some things to consider:
    • Record suspensions cost over $600.
    • Record suspensions apply only to convictions under federal laws such as the Criminal Code or the Controlled Drugs and Substances Act or similar international offences. They do not apply to convictions under provincial laws like the Motor Vehicle Act.
    • Record suspensions are generally not available for sexual offences against children or for people with more than 3 convictions for serious offences where they received jail sentences of 2 or more years for each.
    • You must have completed all aspects of your sentence for at least 5 years to receive a record suspension for a summary offence and at least 10 years to receive a record suspension for an indictable offence.
    • You do not need to apply for a record suspension for youth offences or, generally, for adult offences where you received an absolute or conditional discharge.
  2. If you decide to apply for a record suspension, get your fingerprints taken on a Fingerprint Form at a police station. There will be a fee. Ensure that the Fingerprint Form shows that you are applying for a record suspension.
  3. Mail the Fingerprint Form with your fingerprints on it to:
RCMP Civil Fingerprint Screening Service
PO Box 8885, Ottawa, Ontario, K1G 3M8

You will have to include a certified cheque, money order or bank draft of $25 made out to the Receiver General of Canada.

  1. Obtain a Record Suspension Guide (which includes the application forms) from the Parole Board of Canada. You can download the guide from the Record Suspensions website, or request it by email to suspension@pbc-clcc.gc.ca or by phone to 1-800-874-2652 (toll free).
  2. Follow the step-by-step Record Suspension Guide to complete your application for a record suspension. It is quite detailed, so you may want to watch the Canada Parole Board video guides. The Canada Parole Board charges a fee ($631 as of May 2017) for processing the application.

What happens next[edit]

You will receive written notification about the decision of the Canada Parole Board on your application. The Board tries to make their decisions within 6 months for summary offences and 12 months for indictable offences.

If your application is incomplete, it will be returned to you and you will have a chance to provide the additional information.

A record suspension doesn’t make your record "go away". The suspension can be revoked if you are convicted of another serious offence or are found to have given false information on your application.

Tipsandnotes.png
Record suspensions do not guarantee your ability to travel internationally. Check with the nearest embassy, consulate or mission of the country you wish to visit to learn about the requirements for visiting their country.

Where to get help[edit]

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Lisa J. Helps, May 2017.


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.