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Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"
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Other Issues in Criminal Matters (1:VIII) (view source)
Revision as of 23:44, 29 August 2022
, 23:44, 29 August 2022→c) Record suspension
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A record suspension (formerly a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records. The waiting period is: | A record suspension (formerly a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records. The waiting period is: | ||
* 5 years (after the sentence is completed) for a summary offence (or a service offence under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-n-5/latest/rsc-1985-c-n-5.html?autocompleteStr=National%20Defence%20Act&autocompletePos=1 National Defence Act]''). | * 5 years (after the sentence is completed) for a summary offence (or a service offence under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-n-5/latest/rsc-1985-c-n-5.html?autocompleteStr=National%20Defence%20Act&autocompletePos=1 National Defence Act]''). | ||
* 10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''National Defence Act'' for which you were fined more than $5,000, detained or imprisoned for more than 6 months). | * 10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-n-5/latest/rsc-1985-c-n-5.html?autocompleteStr=National%20Defence%20Act&autocompletePos=1 National Defence Act'' for which you were fined more than $5,000, detained or imprisoned for more than 6 months). | ||
Individuals convicted of sexual offences against minors (with certain exceptions) and those who have been convicted of ''more'' than three indictable offences, each with a sentence of two or more years, are ineligible for a record suspension. | Individuals convicted of sexual offences against minors (with certain exceptions) and those who have been convicted of ''more'' than three indictable offences, each with a sentence of two or more years, are ineligible for a record suspension. | ||
As of June 2016, the Parole Board of Canada (PBC) charges $631 to process a record suspension application (certified cheque, bank draft or money order, payable to the Receiver General of Canada). The applicant is also responsible for additional fees related to getting the following: fingerprints, copy of their criminal record, court documents, and local police record checks. | As of June 2016, the Parole Board of Canada (PBC) charges $631 to process a record suspension application (certified cheque, bank draft or money order, payable to the Receiver General of Canada). The applicant is also responsible for additional fees related to getting the following: fingerprints, a copy of their criminal record, court documents, and local police record checks. | ||
{{LSLAP Manual Navbox|type=chapters1-7}} | {{LSLAP Manual Navbox|type=chapters1-7}} | ||