What is a pardon? (record suspension)
The Government of Canada describes a record suspension (pardon) as the following:
“A record suspension allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated that they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records.
A record suspension removes a person’s criminal record from the Canadian Police Information Centre (CPIC) database. This means that a search of CPIC will not show that the individual has a criminal record or a record suspension. This helps them access employment and educational opportunities and to reintegrate into society.
The Parole Board of Canada is who decides whether you are eligible for a pardon.
The Criminal Records Act (CRA) applies only to records kept by federal organizations, but most provincial and municipal criminal justice agencies also restrict access to their records once they are told that a record suspension has been ordered.”
What this means is it doesn’t erase a conviction and doesn’t guarantee you entry or any visa privileges in another country. Sex offences are entirely a different category and you should contact us if you have a conviction for a sexual offence – it’s very complicated.
The record suspension can be made null and void if you aren’t an upstanding citizen, you lied on your application, and/or you’ve been convicted of a new indictable offence, or in some cases, a summery offence.
If you’ve been convicted of a criminal offence under the federal act, you have a record. If you have been convicted of Provincal or municipal offences you won’t have a criminal record. If you can prove that you abide by the law, you contribute to society and you’re productive, the government could recognize that it may have been an isolated incident of atypical behaviours.
Questions to ask yourself:
Were you convicted of your offence(s) in Canada, under a Canadian federal act or regulation (e.g. the Criminal Code)?
Did you receive an absolute or conditional discharge for your offence(s)?
Were you convicted as a young offender for your offence(s)?
Have you ever been convicted of a Schedule 1 offence as listed under the Criminal Records Act (sexual offence involving a child)?
Have you been convicted of more than three (4 or more) offences that were prosecuted by indictment, each with a prison sentence of two (2) years or more?
Have you completed all of your sentences?
This includes:
- all fines, surcharges, costs, restitution and compensation orders;
- all sentences of imprisonment, or conditional sentence order;
- any probation order(s)
Have you completed the required waiting period, which starts after you have completed all of your sentences?
The waiting period is 5 years for a summary offence and 10 years for an indictable offence.